HomeMy WebLinkAboutOrd 1046-A ZOA 02-06 - Hillside Planned Residential DistORDINANCE NO. 1046A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO CHAPTER 25.15, HILLSIDE PLANNED
RESIDENTIAL DISTRICT. CASE NO. ZOA 02-06
WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th
day of May, 2004, hold a duly noticed public hearing which was continued to June 10,
2004, to consider amending Palm Desert Municipal Code Chapter 25.15, Hillside Planned
Residential District; and
WHEREAS, the Planning Commission by its Resolution No. 2193 has
recommended approval of Alternative 'A' without a maximum dwelling unit limit; and
WHEREAS, the general plan designation for this area is Residential - Hillside
Reserve, maximum one dwelling unit per five acres; 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. 02-60," in that the Director of Community Development has determined that
the amendment will not have a significant adverse impact on the environment and a
Negative Declaration of Environmental Impact has been prepared; and
WHEREAS, the City has complied with the provisions of AB 2292 in that the
proposed down -zoning will be more than offset by up -zoning of other properties in the city,
which is being recommended in the general plan update (see additional discussion in staff
report dated March 4, 2003, which is adopted by reference herein); 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 actions 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 general plan
and the West Hills Specific Plan as amended.
3. That the Zoning Ordinance Amendment would better serve the public health,
safety and general welfare than the current regulations.
ORDINANCE NO. 1046A
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.
2. That a Negative Declaration of Environmental Impact, Exhibit A attached, is
hereby certified.
3. That ZOA 02-06, as delineated in the attached Exhibit B, is hereby ordained.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this day of , 2004, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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ROBERT A. SPIEGEL, MAYOR
ORDINANCE NO. 1046A
EXHIBIT "A"
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California
Code of Regulations.
NEGATIVE DECLARATION
CASE NO: ZOA 02-06
APPLICANT/PROJECT SPONSOR: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
PROJECT DESCRIPTION/LOCATION:
Approval of an amendment to Chapter 25.15 Hillside Planned Residential (HPR) as it
relates to permitted density, limit of grading activity, maximum dwelling unit size and other
matters.
The Director of the Department of Community Development, City of Palm Desert,
California, has found that the described project will not have a significant effect on the
environment. A copy of the Initial Study has been attached to document the reasons in
support of this finding. Mitigation measures, if any, included in the project to avoid
potentially significant effects, may also be found attached.
STEPHEN SMITH DATE
PLANNING MANAGER
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ORDINANCE NO. 1046A
EXHIBIT "B"
HILLSIDE PLANNED RESIDENTIAL DISTRICT
Sections:
25.15.010 Purpose.
25.15.020 Permitted uses.
25.15.023 Principal uses and structures permitted.
25.15.025 Large family day care homes.
25.15.030 Development standards.
25.15.040 Abandoned uses.
25.15.050 Cireal-ation.. Lighting.
25.15.060 Sal Architectural and landscape design.
25.15.070 Fire protection.
25.15.080 Erosion control.
25.15.090 Preservation of open space.
25.15.100 Submittal requirements for development plan.
25.15.110 Environmental assessment.
25.15.120 Required information.
25.15.130 Optional preliminary approval procedure.
25.15.140 Approval or rejection of precise plan in the Hillside Planned Residential
District
25.15.010 Purpose.
The intent and purpose 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 avoiding extensive cut and fill slopes that result in a padding or
staircase effect within the development;
B. Encourage architecture and landscape design which blends with the natural
terrain to the greatest practical extent;
C. Retain and protect undisturbed viewsheds, natural
landmarks and features including vistas and the natural skyline as integral elements in
development proposals in hillside areas. (Ord. 322 (part), 1983)
25.15.020 Permitted uses.
Uses and activities permitted by approved development precise plan shall be as follows:
A. Grading;
B. Single-family attached or detached dwellings;
C. Land subdivisions;
D. Remodels and additions only require department of
community development approval. (Ord. 322 (part), 1983)
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ORDINANCE NO. 1046A
25.15.023 Principal uses and structures permitted.
The following are permitted uses within any hillside planned residential district and do
not require pre -approval pursuant to a development plan:
A. Small family day care homes. (Ord. 742 § 5, 1994)
25.15.025 Large family day care homes.
Large family day care homes are permitted subject to a use permit pursuant to Chapter
25.72A of this code. (Ord. 742 § 6, 1994)
(Replace Section 25.15.030 in its entirety with the following:)
25.15.030 Development standards.
Development standards shall be as approved by the Planning Commission and
City Council in a public hearing and shall be based on the followingtwo topographic
conditions. It is the responsibility of the applicant to provide sufficient data
supporting their request. Topographic data must be prepared by a registered civil
engineer.
A. Density.
Each lot shall be limited to a maximum of one unit per five acres. All lots will
be entitled to at least one unit.
B. Grading.
Location of building pads and access roads shall be evaluated, approved or
adjusted based on consistency with the goals set forth in Section 25.15.010.
1. Building Pad Area. , The
maximum area permanently disturbed by grading shall not exceed 10,000 square
feet. ,
2. Access RoadlDriveway. Maximum permanent grading disturbance of
natural terrain for development of access to the approved building pad shall be 3,000
square feet. Roads shall be located and designed to blend with the natural terrain
to the greatest practical extent consistent with the goals of 25.15.010.
3. Renaturalization. All cuts, fills or other areas temporarily disturbed by
grading shall be re -naturalized, colored, and landscaped to blend with the adjacent
undisturbed natural terrain to the SATISFACTION OF THE CITY COUNCIL. greatest
practical -extent. Renaturalized areas may, in the discretion of the Council, not be
considered disturbed for purposes of Subsection B1 and 2 SO LONG AS THE
RE -NATURALIZATION IS APPROVED AS BLENDING WITH THE NATURAL TERRAIN.
C. Maximum Dwelling Unit Size.
Total dwelling unit, garage and accessory building size on any one lot shall
not exceed 4,000 square feet.
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ORDINANCE NO. 1046A
D. Exception.
The standards of Section 25.15.030 A, B and C shall be required unless
modified by the precise plan of design, taking into consideration any and all
circumstances, INCLUDING, BUT NOT LIMITED TO, VIEWSHED, TOPOGRAPHY,
COLOR, TEXTURE, AND PROFILE OF ANY STRUCTURE that the Planning
Commission or City Council may determine to be in conformity with the purposes
set forth in Section 25.15.010.
25.15.040 Abandoned uses.
If, pursuant to this chapter, 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 renaturalized pursuant to
Section 25.15.030 B3 prior to
occupancy of any new building(s) constructed on the site.
25.15.050 emu -Faber Lighting.
Exterior lighting shall be limited to that which is absolutely necessary for safety and
security and shall be in compliance with Chapter 24.16 of the Municipal Code. (Ord. 322
(part), 1983)
25.15.060 Structural Architectural and Landscape 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.
(Ord. 322 (part), 1983).
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. (Ord. 322 (part), 1983)
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. (Ord. 322
(part), 1983)
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ORDINANCE NO. 1046A
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 the
plans approved by the city. (Ord. 322 (part), 1983)
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 Hillside Development Plan shall be approved reviewed by the
Architectural Review Commission, Planning Commission and approved by the City
Council. This may include, as determined by the Director of
Community Development, the following information as set out in Sections 25.15.110
through 25.15.130. (Ord. 322 (part), 1983)
25.15.110 Environmental assessment.
All applications shall comply with the provisions of the California Environmental Quality
Act. (Ord. 322 (part), 1983)
25.15.120 Required information.
The Director of Community Development 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%
16% - 20%
21% - 25%
26% - 30%
31%-35%
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,
9. Locations and sizes of proposed building areas and lot patterns,
10. Any other information required by the Planning Commission;
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ORDINANCE NO. 1046A
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
artifacts and/or sites are not inadvertently destroyed;
E. Additional information to include:
1. Average natural slope of 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. (Ord. 322 (part), 1983)
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. (Ord. 322 (part), 1983)
25.15.140 Approval or rejection of precise plan in the Hillside Planned Residential
District:
Any such precise plan of design in the Hillside Planned Residential District 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 under this chapter. (Ord. 299 (part),
1982)
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