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HomeMy WebLinkAboutOrd 1091A ZOA 04-04 - Wall Heights, Materials, Colors and LocationsCITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Consideration of approval of a zoning ordinance amendment as it relates to wall heights, materials, colors and locations in the R-1, R-2, R-3 and PR zone districts. SUBMITTED BY: Steve Smith, Planning Manager APPLICANT: City of Palm Desert CASE NO: ZOA 04-04 DATE: April 14, 2005 CONTENTS: Staff Recommendation Background and Discussion Attachment #1 - Current Wall Provisions Draft Ordinance No. 1091A January 13, 2005 City Council Staff Report February 24, 2005 City Council Staff Report Staff Recommendation: That Ordinance No. 1091A amending Municipal Code Section 25.56.195 be passed to second reading. Background: January 13, 2005 City Council directed staff to process an ordinance amendment relating to walls in the front and street side yards of single family residences. Council was concerned that single family neighborhoods were becoming "Alamo" like as a result of people enclosing front and street side yard areas with solid walls. February 24, 2005 City Council gave first reading to Ordinance No. 1091 which addressed wall heights and locations. At second reading March 10, 2005, City Staff Report Case No. ZOA 04-04 Page 2 April 14, 2005 Council referred the matter back to staff to add sections to limit wall color to "desert colors" and to eliminate wood as an acceptable material in front or street side yards. Discussion: Staff has further amended the code section relating to walls in single family areas. Specifically, we have removed "wood split rail, open picket" as an approved material for fences 42 inches in height or less (it was never acceptable for walls higher). Any wood fence in the front or street side yard will need to be processed through the "exception" section of the ordinance. Secondly, we have added section "I. Wall Colors" which reads that walls shall be finished in "desert colors" which are approved at time of approval. This report should be read in concert with the February 24, 2005 report. CEQA REVIEW The proposed amendment is a Class 5 Categorical Exemption for the purpose of CEQA and no further documentation is necessary. Submitted by: ��w J _ �'f Steve Smith Planning Manager Approval: Homer Croy ACM for Devel (W pd ocs\tm\sr\zoa04-04.cc4) nt Services Department Head: Phil Drell Director of Community Development Approval: Carlos L. O ga City Manager ORDINANCE NO. 1091A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO MUNICIPAL CODE CHAPTER 25.56.195 AS IT RELATES TO WALL HEIGHTS AND LOCATIONS IN THE R-1, R-2, R-3 AND PR ZONE DISTRICTS. CASE NO. ZOA 04-04 WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th day of April, 2005, hold a duly noticed public hearing to consider an amendment to the Palm Desert Municipal Code, Chapter 25.56.195, as described above; and WHEREAS, the Planning Commission has adopted its resolution No.2322 recommending approval of the proposed amendment; 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. 04-106," 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 approval 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. 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: That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That ZOA 04-04 as delineated in the attached Exhibit "A" is hereby ordained. 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, ORDINANCE NO. 1091A published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this day of , 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE KLASSEN, City Clerk City of Palm Desert, California 2 BUFORD A. CRITES, Mayor ORDINANCE NO. 1091A EXHIBIT `A' That Municipal Code Section 25.56.195 be amended to read as follows: 25.56.195 Standards for walls and, fences for single family residential lots in the R-1, R-2, R-3 and PR zone districts. A. Purpose. The following wall and fence development standards specifying location, material and review procedures are designed to remove all ambiguity and achieve consistency throughout the city. The objective is to protect and reconcile the often conflicting goals of aesthetics, privacy, security, view sight lines and drainage. B. Review Procedures. All applications for fences and walls shall be subject to on -site inspection prior to approval by both the Department of Community Development and Building and Safety, unless the applicant submits photographs of the subject and adjacent properties sufficient to demonstrate any impacts the wall(s) may create. In addition, retaining walls will require approval by the Department of Public Works. C. Wall Requirement --New Residential Construction. All new residential construction shall include walls or fences of a minimum of five feet in height enclosing rear and interior side yards. D. Development Standards. 1. Walls and fences within front and street side setbacks: a. Fences forty-two inches in height or less: i. Location: may be located on property line, but in no event less than a minimum of seven feet from face of curb. May not be located in public right-of-way. ii. Material: must be decorative material including decorative blocks, stucco or wrought iron. b. Fences greater than 42-inches in height, but less than 61 inches in height: i. Location: within front yard setback must be a minimum of fifteen feet from face of curb. Within street side yards or rear yards fronting on a public street, minimum of fifteen feet from face of curb. Site inspection or photos shall insure that visibility adjacent to driveways and street corners shall not be impaired. (Reference: Municipal Code Section 25.56.200) ii. Material: decorative block, stucco, or wrought iron. C. Fences 61 inches in height to 72 inches in height: i. Location: within front yard setback must be a minimum of twenty feet from face of curb. Within street side yards or rear yards fronting on a public ,C] ORDINANCE NO. 1091A street, minimum of twenty feet from face of curb. Site inspection or photos shall insure that visibility adjacent to driveways and street corners shall not be impaired. (Reference: Municipal Code Section 25.56.200) ii. Material: decorative block, stucco or wrought iron. 2. Wall and fences at or behind building setbacks to a maximum of seventy-two inches in height: a. Side yard tie-in fences, interior side yard and rear yard fences visible from a public right-of-way: Materials: i. Decorative block; ii. Precision block stuccoed or painted to match house; iii. Redwood, cedar or other approved decay -resistant wood product; right-of-way: iv. Wrought iron. b. Interior rear and side yard fences not visible from the public Materials: i. Block --all types; ii. Redwood, cedar or other approved decay -resistant wood product; iii. Wrought iron. 3. Retaining walls and combinations of retaining and wrought iron fences: a. Retaining walls and combination walls located on a rear or interior side property line associated with a cut slope shall be a maximum of six feet in height measured from the highest adjoining grade. Material standards in subsection (D) (1) of this section shall apply. b. Retaining and combination wall or rear or interior side yards associated with a fill slope shall be limited to a maximum of six feet in height of solid wall material as measured from the lowest adjacent grade. A combination of solid and open wrought iron fencing shall not exceed nine feet in height as measured from the lower adjacent grade. The maximum combination fence height measured from the higher adjacent grade shall not exceed six feet. In addition, the Department of Public Works shall refer to Ordinance 514 amending Title 27 (the grading ordinance) as it applies to mitigating adverse impacts of fill conditions. C. Where a fill slope retaining wall is proposed adjacent to a vacant lot which does not currently meet the city's grading ordinance, the city engineer shall determine the lower adjacent grade based upon an assessment of the minimum grade required on that vacant lot to meet the grade elevation drainage requirements. 0 ORDINANCE NO. 1091A 4. Maintenance of nonconforming fences: Normal maintenance of nonconforming fences shall be permitted to preserve a quality appearance. Major structural repairs or replacement shall be required to conform to be above location and material standards. 5. The construction of tennis court fencing greater than six feet in height or use of chain link shall be subject to a conditional use permit. E. Exceptions Procedures. Requests for exceptions to the above standards may be brought before the Palm Desert architectural commission. For an exception to be approved, the architectural commission must make a finding that unusual circumstances exist which make the literal interpretation and enforcement of the standards impractical or contrary to the purpose of the ordinance codified in this section and that the exception shall not result in damage to adjacent properties. Property owners adjacent to the proposed exception shall be informed of the application at least ten days prior to the architectural commission meeting. (Ord. 557 (Exhibit A) (part), 1988) F. Measuring Wall Height. Wall height shall be measured from natural grade at the wall location. G. Landscape Plan Required. A formal landscape plan shall be required to be submitted and approved by the landscape manager prior to the approval of any application for a wall adjacent to a public street. H. Undulation of Walls. All walls adjacent to a public street shall be designed to provide undulation (offset of at least 18 inches) or pilaster at least every 30 feet of linear extent of the wall. Undulating walls may encroach up to 18 inches into required wall setbacks. I. Wall Color. Walls shall be finished in a desert color which shall be approved as part of this review process. 61 MEETif. ATE ❑ 7PASSED NUEDTO CITY OF PALM DE E TO 2ND HEADING 7j0 DEPARTMENT OF COMMUNITY DEVELOPMENT 1 STAFF REPORT REQUEST: Consideration of approval of a zoning ordinance amendment as it relates to wall heights and locations in the R-1, R-2, R-3 and PR zone districts. SUBMITTED BY: Steve Smith, Planning Manager APPLICANT: CASE NO: DATE: CONTENTS: City of Palm Desert February 24, 2005 Staff Recommendation Background and Discussion Attachment #1 - Current Wall Provisions Draft Ordinance No. 1091 Planning Commission Staff Report dated February 1, 2005 Planning Commission Minutes for ZOA 04-04 dated February 1, 2005 Planning Commission Resolution No. 2322 January 13, 2005 City Council Staff Report January 25, 2005 ARC Minutes Comments from City departments and other agencies Staff Recommendation: That Ordinance No. 1091 amending Municipal Code Section 25.56.195 be passed to second reading. Background: January 13, 2005 City Council directed staff to process an ordinance amendment relating to walls in the front and street side yards of single family residences. Council was concerned that single family neighborhoods were Staff Report Case No. ZOA 04-04 Page 2 February 24, 2005 becoming "Alamo" like as a result of people enclosing front and street side yard areas with solid walls. Discussion: With a view to addressing the City Council concern of creating a fortress -like look from the street, staff presented a memo to the Landscape Beautification Committee (copy attached) wherein two suggested means of addressing the issue were presented as follows: A. That code be amended to limit the amount of the linear street frontage that can be enclosed by a solid six (6) foot wall to 40% and open fencing (wrought iron) at six (6) feet to 60%. B. Look at moving six (6) foot solid walls farther back from the street (i.e., five-foot high solid walls leave at 15 feet from curb, but move six-foot high solid walls back to 20 feet from curb). The committee indicated that both suggestions had merit and should be reviewed further. Staff then reviewed the matter with Architectural Review Commission and Planning Commission. ARC and Planning Commission endorsed the modifications delineated below: The proposed amendments require that a landscape plan be submitted and approved for the area between the wall and the curb, lower the maximum wall heights at current setback limits, and treat each side of a corner lot equally. PROPOSED AMENDMENTS A. Current code requires that six-foot high walls be setback 15 feet from front curb and 12 feet from the street side yard curb. This was allowed to create wider rear yards on corner lots. Staff Report Case No. ZOA 04-04 Page 3 February 24, 2005 It is recommended that the distinction between front yards and street side yards be eliminated and that they both be treated the same. This will reduce the impact of walls on the adjacent residence which is typically its front yard. B. That the current provision allowing four -foot high walls at seven feet from curb be amended to a maximum of 42 inches in height and that it be allowed on the property line, but in no event with a setback of less than seven feet. The vast majority of city streets have 12-foot wide parkways from the curb to the property line so the majority of these walls will be 12 feet from the curb. C. Currently, walls between 48 inches and 72 inches in height may be located 15 feet from the front curb and 12 feet from the street side yard curb. It is proposed to create two categories with increased setbacks: 1. Maximum height of a wall in a residential district is six feet. 2. Walls greater than 42 inches in height but less than 61 inches in height shall provide a minimum setback from curb of 15 feet. 3. Walls between 61 inches and 72 inches in height shall provide a minimum setback from curb of 20 feet. D. Current code prescribes acceptable material types, but no specific design criteria. It is recommended that a section be added that solid walls at a minimum provide a step or undulation or pilaster at least'every 30 feet of linear extent of the wall. The undulation or step will be at least 18 inches deep. The walls where they step may encroach up to 18 inches into the wall setback area. r Staff Report Case No. ZOA 04-04 Page 4 February 24, 2005 E. Current code does not require a landscape plan be submitted with a wall application. It is recommended that a section be added which, requires a formal landscape plan be submitted and approved by the Landscape Manager with all wall applications. F. Current code does not specify how or where the height of walls is measured. It is recommended that a section be added requiring that wall height be measured from natural existing grade at the wall location. This will discourage the artificial raising of grade to get a higher wall. G. Current code requires that all wall applications be subject to a site visit by Community Development staff and a building inspection before approval. Given the staffing level in the department, it is difficult to achieve the "all" requirement. If it is decided to implement the "all" provision, then the cost of processing a wall permit, even those done over the counter, will increase in cost and time substantially. Currently the fee for those walls done "over the counter" is $20. A site visit to each location would result in fees of around $200 per application for over the counter approvals and higher for those processed through ARC. It is recommended that the code be amended to add language to allow the applicant to submit photographs of the subject and adjacent properties sufficient to demonstrate any impacts the wall might create. H. It is recommended that the code sections dealing with the triangular area at the intersections, "exceptions", and acceptable construction materials be retained as currently provided. Staff Report Case No. ZOA 04-04 Page 5 February 24, 2005 CONCLUSION While these proposed amendments do not specifically implement the maximum 40% solid wall and 60% maximum open fencing provisions, staff feels that with the increased setbacks, the lower permitted walls and the requirement of a landscape plan this code amendment will address the concern expressed by City Council. CEQA REVIEW The proposed amendment is a Class 5 Categorical Exemption for the purpose of CEQA and no further documentation is necessary. Submitted by: SfeLeSmith Planning Manager Approval- L Homer Croy v ACM for Develorvient Services Department Head: Phil Drell Director of Community Development Approval: Carlo .Ortega City Manager Referred Or. No. 1091 back for reintro- duction to include modifications requeste CPROVED TY COUNCIL ACTION: at this meeting regarding wood=fencing DENIED for street -side and front yards and O ,�R RE EIED OTHER log vY1 desert color palette. 3-0 MEETING DATE ny'S' (Ferguson, Crites ABSENT) AYES • �C1 NOES (Wpdocsktm\sr\7oa04-04.cc2) ABSENT • .%..,"I d, ABSTAIN: VERIFIED BY: = Original on File th City Clerk's of.fic'e ATTACHMENT #1 CURRENT WALL PROVISIONS A. Walls four (4) feet or less in height may be located on the property line, but must be at least seven (7) feet from the curb. B. Walls between four (4) feet and six (6) feet in height may be located within 15 feet of setback to the front and 12 feet of setback on a street side yard. C. Walls four (4) feet or less in height in a front or street side yard must be a decorative material including decorative blocks, stucco, wood split rail, open picket or wrought iron. D. Walls four (4) to six (6) feet in height in front or street side yards must be decorative block, stucco or wrought iron. E. On corner lots, walls within a triangular area at the intersection of the curblines are limited to a maximum height of three (3) feet. F. ARC may approve an "exception" to the above standards if it can make a finding that unusual circumstances exist which make the literal interpretation and enforcement of standards impractical or contrary to the purpose of the ordinance and that the exception shall not result in damage to adjacent properties. G. Section 25.56.195 B requires that all applications for walls be subject to on -site inspection prior to approval. C ORDINANCE NO. 1091 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO MUNICIPAL CODE CHAPTER 25.56.195 AS IT RELATES TO WALL HEIGHTS AND LOCATIONS IN THE R-1, R-2, R-3 AND PR ZONE DISTRICTS. CASE NO. ZOA 04-04 WHEREAS, the City Council of the City of Palm Desert, California, did on the 24th day of February, 2005, hold a duly noticed public hearing to consider an amendment to the Palm Desert Municipal Code, Chapter 25.56.195, as described above; and WHEREAS, the Planning Commission has adopted its resolution No.2322 recommending approval of the proposed amendment; 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. 04-106," 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 approval 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. 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. 2. That ZOA 04-04 as delineated in the attached Exhibit "A" is hereby ordained. 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, I ORDINANCE NO. 1091 published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this day of , 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE KLASSEN, City Clerk City of Palm Desert, California 2 BUFORD A. CRITES, Mayor ORDINANCE NO. 1091 EXHIBIT `A' That Municipal Code Section 25.56.195 be amended to read as follows: 25.56.195 Standards for walls and fences for single family residential lots in the R-1, R-2, R-3 and PR zone districts. A. Purpose. The following wall and fence development standards specifying location, material and review procedures are designed to remove all ambiguity and achieve consistency throughout the city. The objective is to protect and reconcile the often conflicting goals of aesthetics, privacy, security, view sight lines and drainage. B. Review Procedures. All applications for fences and walls shall be subject to on -site inspection prior to approval by both the Department of Community Development and Building and Safety, unless the applicant submits photographs of the subject and adjacent properties sufficient to demonstrate any impacts the wall(s) may create. In addition, retaining walls will require approval by the Department of Public Works. C. Wall Requirement --New Residential Construction. All new residential construction shall include walls or fences of a minimum of five feet in height enclosing rear and interior side yards. D. Development Standards. 1. Walls and fences within front and street side setbacks: a. Fences forty-two inches in height or less: i. Location: may be located on property line, but in no event less than a minimum of seven feet from face of curb. May not be located in public right-of-way. ii. Material: must be decorative material including decorative blocks, stucco, wood split rail, open picket, or wrought iron. b. Fences greater than 42-inches in height, but less than 61 inches in height: i. Location: within front yard setback must be a minimum of fifteen feet from face of curb. Within street side yards or rear yards fronting on a public street, minimum of fifteen feet from face of curb. Site inspection or photos shall insure that visibility adjacent to driveways and street corners shall not be impaired. (Reference: Municipal Code Section 25.56.200) ii. Material: decorative block, stucco, or wrought iron. C. Fences 61 inches in height to 72 inches in height: i. Location: within front yard setback must be a minimum of twenty feet from face of curb. Within street side yards or rear yards fronting on a public 3 ORDINANCE NO. 1091 street, minimum of twenty feet from face of curb. Site inspection or photos shall insure that visibility adjacent to driveways and street corners shall not be impaired. (Reference: Municipal Code Section 25.56.200) ii. Material: decorative block, stucco or wrought iron. 2. Wall and fences at or behind building setbacks to a maximum of seventy-two inches in height: a. Side yard tie-in fences, interior side yard and rear yard fences visible from a public right-of-way: Materials: i. Decorative block; ii. Precision block stuccoed or painted to match house; iii. Redwood, cedar or other approved decay -resistant wood product; iv. Wrought iron. b. Interior rear and side yard fences not visible from the public right-of-way: Materials: i. Block --all types; ii. Redwood, cedar or other approved decay -resistant wood product; iii. Wrought iron. 3. Retaining walls and combinations of retaining and wrought iron fences: a. Retaining walls and combination walls located on a rear or interior side property line associated with a cut slope shall be a maximum of six feet in height measured from the highest adjoining grade. Material standards in subsection (D) (1) of this section shall apply. b. Retaining and combination wall or rear or interior side yards associated with a fill slope shall be limited to a maximum of six feet in height of solid wall material as measured from the lowest adjacent grade. A combination of solid and open wrought iron fencing shall not exceed nine feet in height as measured from the lower adjacent grade. The maximum combination fence height measured from the higher adjacent grade shall not exceed six feet. In addition, the Department of Public Works shall refer to Ordinance 514 amending Title 27 (the grading ordinance) as it applies to mitigating adverse impacts of fill conditions. C. Where a fill slope retaining wall is proposed adjacent to a vacant lot which does not currently meet the city's grading ordinance, the city engineer shall determine the lower adjacent grade based upon an assessment of the minimum grade required on that vacant lot to meet the grade elevation drainage requirements. EA ORDINANCE NO. 1091 4. Maintenance of nonconforming fences: Normal maintenance of nonconforming fences shall be permitted to preserve a quality appearance. Major structural repairs or replacement shall be required to conform to be above location and material standards. 5. The construction of tennis court fencing greater than six feet in height or use of chain link shall be subject to a conditional use permit. E. Exceptions Procedures. Requests for exceptions to the above standards may be brought before the Palm Desert architectural commission. For an exception to be approved, the architectural commission must make a finding that unusual circumstances exist which make the literal interpretation and enforcement of the standards impractical or contrary to the purpose of the ordinance codified in this section and that the exception shall not result in damage to adjacent properties. Property owners adjacent to the proposed exception shall be informed of the application at least ten days prior to the architectural commission meeting. (Ord. 557 (Exhibit A) (part), 1988) F. Measuring Wall Height. Wall height shall be measured from natural grade at the wall location. G. Landscape Plan Required. A formal landscape plan shall be required to be submitted and approved by the landscape manager prior to the approval of any application for a wall adjacent to a public street. H. Undulation of Walls. All walls adjacent to a public street shall be designed to provide undulation (offset of at least 18 inches) or pilaster at least every 30 feet of linear extent of the wall. Undulating walls may encroach up to 18 inches into required wall setbacks. H 5 00 i 00 i� r� Iri l� Af so tt0 do l� vie 557 (Exhibit A) (part), 1988; Ord. 512 § 1, 1987; Ord. 128 § 7 (part), 1976: Ord. 98 § 1 (part), 1975; Exhibit A § 25.32-7.05) 25.56.195 Standards for walls and fences within or adjacent to R-1 single-family zones. A. Purpose. The following wall and fence development standards specifying location, material and review proce- dures are designed to remove all ambiguity and achieve consistency throughout the city. The objective is to protect and reconcile the often conflicting goals of aesthetics, privacy, security, view sight lines and drainage. B. Review Procedures. All applications for fences and walls shall be subject to on -site inspection prior to approval by both the department of community development and building and safety. In addition, retaining walls will require approval by the department of public works. C. Wall Requirement —New Residential Construction. All new residential construction shall include walls or fences of a minimum of five feet in height enclosing rear and interior side yards. D. Development Standards. 1. Walls and fences within front and street side set- backs: a. Fences under forty-eight inches in height: i. Location: may be located on property line but shall be a minimum of seven feet from face of curb. ii. Material: must be decorative material including decorative blocks, stucco, wood split rail, open picket, or wrought iron. b. Fences forty-eight inches to seventy-two inches in height: i. Location: within front yard setback must be a minimum of fifteen feet from face of curb. Within street side yards or rear yards fronting on a public street minimum of twelve feet from face of curb. Site inspection shall insure that visibility adjacent to driveways and street corners shall not be impaired. (Reference: code Section 2536.200) ii. Material: decorative block, stucco, or wrought iron. 2. Wall and fences at or behind building setbacks to a maximum of seventy-two inches in height: a. Side yard tie-in fences, interior side yard and rear yard fences visible from a public right-of-way: Materials: i. Decorative block; ii. Precision block stuccoed or painted to match house; iii. Redwood, cedar or other approved decay -resistant wood product; iv. Wrought iron. b. Interior rear and side yard fences not visible from the public right-of-way: 419 25.56.190 Materials: i. Block —all types; ii. Redwood, cedar or other approved decay -resistant wood product; iii. Wrought iron. 3. Retaining walls and combinations of retaining and wrought iron fencing: a. Retaining and combination walls located on a rear or interior side property line associated with a cut slope shall be a maximum of six feet in height measured from the highest adjoining grade. Material standards in subsection (D) (1) of this section shall apply. b. Retaining and combination wall or rear or interior side yards associated with a fill slope shall be limited to a maximum of six feet in height of solid wall material as measured from the lowest adjacent grade. A combination of solid and open wrought iron fencing shall not exceed nine feet in height as measured from the lower adjacent grade. The maximum combination fence height measured from the higher adjacent grade shall not exceed six feet. In addition, the department of public works shall refer to Ordinance 514 amending Title 27 (the grading ordinance) as it applies to mitigating adverse impacts of fill conditions. c. Where a fill slope retaining wall is proposed adjacent to a vacant lot which does not currently meet the city's grading ordinance, the city engineer shall determine the lower adjacent grade based upon an assessment of the minimum grade required on that vacant lot to meet the grade elevation drainage requirements. 4. Maintenance of nonconforming fences: Normal maintenance of nonconforming fences shall be permitted to preserve a quality appearance. Major structural repairs or replacement shall be required to conform to the above location and material standards. S. The construction of tennis court fencing greater than six feet in height or use of chain link shall be subject to a conditional use permit. E. Exceptions Procedures. Requests for exceptions to the above standards may be brought before the Palm Desert architectural commission. For an exception to be approved, the architectural commission must make a finding that unusual circumstances exist which make the literal interpretation and enforcement of the standards impractical or contrary to the purpose of the ordinance codified in this section and that the exception shall not result in damage to adjacent properties. Property owners adjacent to the proposed exception shall be informed of the application at least ten days prior to the architectural commission meeting. (Ord. 557 (Exhibit A) (part), 1988) (Palm DexR 8-01) ,I I Al IIIII Ivu aj'-">'` ?+9a997,1?6rLII�u��iiV01,a_w n WI JA-A A 25.56.200 25.56.200 Traffic sight obstructions. On a comer lot, no fence, wall, hedge, structure or other obstruction, except the natural grade of a site, within a triangular area formed by the existing or future curblines and a line connecting points on the existing or future curblines a minimum of forty feet from the intersection of the projection of the curblines, shall exceed a height of three feet above established grade at the edge of the street pavement or the existing pavement or traveled way. (Ord. 524 § 2 (Exhibit A),1987: Ord. 98 § I (pat), Exhibit A § 25.32-7.06) 2556.210 Projections into yards. Architectural projections including eaves, awnings, louvers, and similar shading devices; sills, belt courses, cornices, and similar features; and flues and chimneys may project not more than six feet into a required front yard, rear yard, or side yard on the street side of a corner lot, and not more than two feet into any other required yard; provided, that the distance between an architectural projec- tion and a side or rear property line shall not be less than three feet. (Ord. 98 § 1 (part), 1975: Exhibit A § 2532-7.07(1)) 2556.220 Oriel or bay windows Oriel or bay windows may project not more than three feet into a required front yard, rear yard, or side yard on the street side of a corner lot; provided, that the aggregate width of oriel or bay windows shall not exceed fifty percent of the length of the wall in which they are located and the width of any individual oriel or bay window shall not exceed ten feet. (Ord. 98 § 1 (part), 1975: Exhibit A § 25.32-7.07(2)) 2556.230 Porches and steps. Unroofed porches, steps, and terraces may project not more than six feet into a required front yard or side yard on the street side of a comer, lot, or to a point not closer than three feet to an interior side or rear property line; provided, that the height including railings shall not exceed six feet above the grade of the ground at the property line. (Ord. 98 § I (part), 1975: Exhibit A § 25.32-7.07(3)) 2556.240 Balconies over six feet above i ground. i Balconies, decks, terraces, and other similar unroofed structures at a height including railing more than six feet above the level at which a yard must be provided may project not more than six feet into a required front yard or rear yard and five feet into any other required yard; provided, that they shall not reduce any yard to less than five feet except on the street side of a corner lot. Such structures shall be cantilevered or supported only by neces- sary columns. A balcony or deck projecting from a higher story may extend over a lower balcony or deck but shall not in such case be deemed a roof for the lower balcony or deck. (Ord. 98 § I (part), 1975: Exhibit A § 25.32-7.07(4)) 25.56.250 Open stairways. Open, unenclosed fire escapes and fireproof outside stairways may project into any required yard not more than four feet; provided, that no yard shall be reduced to less than three feet. (Ord. 98 § 1 (part), 1975: Exhibit A § 25.32-7.07(5)) 2556.260 Covered patios. Covered patios attached to a main structure may project not more than eight feet into a required rear yard and five feet into a required side yard within thirty-five fret of the rear lot line; provided, that the required side yard shall not be reduced to less than five feet and the covered patios shall not cover more than fifty percent of the rear yard. A covered patio not attached to a main structure is deemed an accessory structure. (Ord. 98 § 1 (part), 1975: Exhibit A § 25.32-7.07(6)) 25.56.270 Und ;.,.11 . , . L .1 structures. Underground structures (pools) may project without limit into any required yards; provided, that they shall not have a height of more than two and a half feet and are not closer than five feet to any property fine. (Ord 98 § I (part), 1975: Exhibit A § 25.32-7.07(7)) 2556.280 Detached accessory buildings. Accessory buildings except as otherwise controlled by this chapter shall be subject to the following regulations: A. Detached accessory buildings shall not be erected in any required yard except a tear yard Accessory buildings not located in any required yard shall not be subject to this section. B. On lots having twelve thousand square feet of lot area or more detached accessory buildings may be located in a required rear yard upon approval of a conditional use permit by planning commission and approval by architectur- al review commission. Said detached accessory building shall not exceed one story or fourteen feet in height and may not occupy more than twenty-five percent of the required rear yard and shall be set back from the property lines a distance equal to its height. On lots having forty thousand square feet of lot area or more, the maximum height shall be one story and eighteen feet provided the structure is set back from proper- ty line a distance equal to its height. (Palm Desert 8-01) 420 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT . TO: Planning Commission DATE: February 1, 2005 �I CASE NO: ZOA 04-04 REQUEST: Approval of a zoning ordinancemendment as it relates to wall heights and locations in the R-1 and PR zone districts. APPLICANT: City of Palm Desert I. BACKGROUND: January 13, 2005 City Council directed staff to process an ordinance amendment relating to walls in the front and street side yards of single family residences. Council was concerned that single family neighborhoods were becoming "Alamo" like as a result of people enclosing front and street side yard areas with solid walls. II. DISCUSSION: Current code provisions (Municipal Code Sections 25.56.195 and 25.56.200, copy enclosed) control the location, height and materials of walls as follows: A. Walls four (4) feet or less in height may be located on the property line, but must be at least seven (7) feet from the curb. B. Walls between four (4) feet and six (6) feet in height may be located within 15 feet of setback to the front and 12 feet of setback on a street side yard. C. Walls four (4) feet.or less in height in a front or street side yard must be a decorative material including decorative blocks, stucco, wood split rail, open picket or wrought iron. D. Walls four (4) to six (6) feet in height in front or street side yards must be decorative block, stucco or wrought iron. E. On corner lots, walls within a triangular area at the intersection of the curblines are limited to a maximum height of three (3) feet. STAFF REPORT CASE NO. ZOA 04-04 FEBRUARY 1, 2005 F. ARC may approve an "exception" to the above standards if it can make a finding that unusual circumstances exist which make the literal interpretation and enforcement of standards impractical or contrary to the purpose of the ordinance and that the exception shall not result in damage to adjacent properties. G. Section 25.56.195 B requires that all applications for walls be subject to on -site inspection prior to approval. With a view to addressing the City Council concern of creating a fortress -like look from the street, on November 30, 2004 staff presented a memo to the Landscape Beautification Committee (copy attached) wherein two suggested means of addressing the issue were presented as follows: A. That code be amended to limit the amount of the linear street frontage that can be enclosed by a solid six (6) foot wall to 40% and open fencing (wrought iron) at six (6) feet to 60%. B. Look at moving six (6) foot solid walls farther back from the street (i.e., five-foot high solid walls leave at 15 feet from curb, but move six-foot high solid walls back to 20 feet from curb). The committee indicated that both suggestions had merit and should be reviewed further. Staff then reviewed the matter with Architectural Review Commission. ARC endorsed the modifications recommended by staff in this report. In our review of this matter other issues arose: A. How do we measure wall height when the grade rises or falls from the curb height? B. Why are walls in street side yards allowed a lesser setback than those in front yards? 2 r t. STAFF REPORT CASE NO. ZOA 04-04 FEBRUARY 1, 2005 Ill. PROPOSED AMENDMENTS Staff reviewed the current code with a view to addressing the above questions and amending it to create less obtrusive, better designed street fronting walls. Accordingly, staff recommends the following amendments: A. Current code requires that six-foot high walls be setback 15 feet from front curb and 12 feet from the street side yard curb. This was allowed to create wider rear yards on corner lots. Staff recommends that the distinction between front yards and street side yards be eliminated and that they both be treated the same. This will reduce the impact of walls on the adjacent residence which is typically its front yard. B. That the provision allowing four -foot high walls at seven feet from curb be amended to a maximum of 42 inches in height and that it be allowed on the property line, but in no event with a setback of less than seven feet. The vast majority of city streets have 12-foot wide parkways from the curb to the property line so the majority of these walls will be 12 feet from the curb. C. Currently, walls between 48 inches. and 72 inches in height may be located 15 feet from the front curb and 12 feet from the street side yard curb. Staff proposes to create two categories with different setbacks: 1. Maximum height of a wall in a residential district is six feet. 2. Walls greater than 42 inches in height but less than 61 inches in height shall provide a minimum setback from curb of 15 feet. 3. Walls between 61 inches and 72 inches in height shall provide a minimum setback from curb of 20 feet. 3 STAFF REPORT CASE NO. ZOA 04-04 FEBRUARY 1, 2005 D-. Current code prescribes acceptable material types, but no specific design criteria. Staff recommends a section be added that solid walls at a minimum provide a step or undulation or pilaster at least every 30 feet of linear extent of the wall. The undulation or step will be at least 18 inches deep. The walls where they step may encroach up to 18 inches into the wall setback area. E. Current code does not require a landscape plan be submitted with a wall application. Staff recommends that a section be added which requires a formal landscape plan be submitted and approved by the Landscape Manager with all wall applications. F. Current code does not specify how or where the height of walls is measured. Staff recommends that a section be added requiring that wall height be measured from natural existing grade at the wall location. This will discourage the artificial raising of grade to get a higher wall. G. Current code requires that all wall applications be subject to a site visit by Community Development staff and a building inspection before approval. Given the staffing level in the department, it is difficult to achieve the "all" requirement. If it is decided to implement the "all" provision, then the cost of processing a wall permit, even those done over the counter, will increase in cost and time substantially. Currently the fee for those walls done "over the counter" is $20. A site visit to each location would result in fees of around $200 per application. Staff recommends that the code be amended to add language to allow the applicant to submit photographs of the subject and adjacent properties sufficient to demonstrate any impacts the wall might create. 4 STAFF REPORT CASE NO. ZOA 04-04 FEBRUARY 1, 2005 H. Staff recommends that the code sections dealing with the triangular area at the intersections, "exceptions", and acceptable construction materials be retained as currently provided. IV. CONCLUSION: While these proposed amendments do not specifically implement the maximum 40% solid wall and 60% maximum open fencing provisions, staff feels that with the increased setbacks and the lower permitted walls this code amendment will address the concern expressed by City Council. Specifically, it requires a landscape plan be submitted and approved, lowers the maximum height of walls at current setback limits and treats all sides of corner lots equally. V. CEQA REVIEW: The proposed amendment is a Class 5 Categorical Exemption for the purpose of CEQA and no further documentation is necessary. VI. RECOMMENDATION: That Planning Commission recommend approval to the City Council of Case No. ZOA 04-04. VII. ATTACHMENTS: A. Draft resolution B. Legal notice C. Comments from city departments and other agencies D. Municipal Code Sections 25.56.195 and 25.56.200 5 STAFF REPORT CASE NO. ZOA 04-04 FEBRUARY 1, 2005 E. November 30, 2004 memo to the Landscape Beautification Committee F. January 13, 2005 City Council Minutes G. January 25, 2005 Draft ARC Minutes Prepared by: Reviewed and Approved by: Steve Smith Planning Manager Review nd Con n > Homer Cr ACM for D v opment Services AM V Phil Drell Director of Community Development PLANNING COMMISSION RESOLUTION NO.2322 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF AN AMENDMENT TO SECTION 25.56.195 OF THE MUNICIPAL CODE RELATING TO STANDARDS FOR WALLS AND FENCES FOR SINGLE FAMILY DWELLINGS IN THE R-1, R-2, R-3 AND PR ZONE DISTRICTS. CASE NO. ZOA 04-04 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of February, 2005, hold a duly noticed public hearing to consider an amendment to the Palm Desert Municipal Code, Section 25.56.195 relating to wall and fence standards for single family dwellings in the R-1, R-2, R-3 and PR zone districts; 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. 04-106," 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 Planning Commission did find the following facts and reasons to exist to justify its recommendation as described below: 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 RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend to the City Council approval of a Zoning Ordinance text amendment as provided in the attached Exhibit `A' to amend Municipal code Section 25.56.195. PLANNING COMMISSION RESOLUTION N0.2322 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 1 st day of February, 2005, by the following vote, to wit: AYES: CAMPBELL, FINERTY, LOPEZ, TSCHOPP, JONATHAN NOES: NONE ABSENT: NONE ABSTAIN: NONE SAB AT , Chairperson ATTEST: 7 AA-0 PHILIP DRELL, ecmtacj----- Palm Desert Planning Commission 2 r PLANNING COMMISSION RESOLUTION NO.2322 EXHIBIT `A' That Municipal Code Section 25.56.195 be amended to read as follows: 25.56.195 Standards for walls and fences for single family residential lots in the R-1, R-2, R-3 and PR zone districts. A. Purpose. The following wall and fence development standards specifying location, material and review procedures are designed to remove all ambiguity and achieve consistency throughout the city. The objective is to protect and reconcile the often conflicting goals of aesthetics, privacy, security, view sight lines and drainage. B. Review Procedures. All applications for fences and walls shall be subject to on -site inspection prior to approval by both the Department of Community Development and Building and Safety, unless the applicant submits photographs of the subject and adjacent properties sufficient to demonstrate any impacts the wall(s) may create. In addition, retaining walls will require approval by the Department of Public Works. C. Wall Requirement --New Residential Construction. All new residential construction shall include walls or fences of a minimum of five feet in height enclosing rear and interior side yards. D. Development Standards. 1. Walls and fences within front and street side setbacks: a. Fences forty-two inches in height or less: i. Location: may be located on property line, but in no event less than a minimum of seven feet from face of curb. May not be located in public right-of-way. ii. Material: must be . decorative material including decorative blocks, stucco, wood split rail, open picket, or wrought iron. b. Fences greater than 42-inches in height, but less than 61 inches in height: i. Location: within front yard setback must be a minimum of fifteen feet from face of curb. Within street side yards or rear yards fronting on a public street, minimum of fifteen feet from face of curb. Site inspection or photos shall insure that visibility adjacent to driveways and street corners shall not be impaired. (Reference: Municipal Code Section 25.56.200) ii. Material: decorative block, stucco, or wrought iron. C. Fences 61 inches in height to 72 inches in height: i. Location: within front yard setback must be a minimum of twenty feet from face of curb. Within street side yards or rear yards fronting on a public 9 PLANNING COMMISSION RESOLUTION NO. 2322 street, minimum of twenty feet from face of curb. Site inspection or photos shall insure that visibility adjacent to driveways and street corners shall not be impaired. (Reference: Municipal Code Section 25.56.200) ii. Material: decorative block, stucco or wrought iron. 2. Wall and fences at or behind building setbacks to a maximum of seventy-two inches in height: a. Side yard tie-in fences, interior side yard and rear yard fences visible from a public right-of-way: Materials: i. Decorative block; ii. Precision block stuccoed or painted to match house; iii. Redwood, cedar or other approved decay -resistant wood product; iv. Wrought iron. b. Interior rear and side yard fences not visible from the public right-of-way: Materials: i. Block --all types; ii. Redwood, cedar or other approved decay -resistant wood prod uct; iii. Wrought iron. 3. Retaining walls and combinations of retaining and wrought iron fences: a. Retaining walls and combination walls located on a rear or interior side property line associated with a cut slope shall be a maximum of six feet in height measured from the highest adjoining grade. Material standards in subsection (D) (1) of this section shall apply. b. Retaining and combination wall or rear or interior side yards associated with a fill slope shall be limited to a maximum of six feet in height of solid wall material as measured from the lowest adjacent grade. A combination of solid and open wrought iron fencing shall not exceed nine feet in height as measured from the lower adjacent grade. The maximum combination fence height measured from the higher adjacent grade shall not exceed six feet. In addition, the Department of Public Works shall refer to Ordinance 514 amending Title 27 (the grading ordinance) as it applies to mitigating adverse impacts of fill conditions. C. Where a fill slope retaining wall is proposed adjacent to a vacant lot which does not currently meet the city's grading ordinance, the city engineer shall determine the lower adjacent grade based upon an assessment of the minimum grade required on that vacant lot to meet the grade elevation drainage requirements. 4 r.. PLANNING COMMISSION RESOLUTION NO.2322 4. Maintenance of nonconforming fences: Normal maintenance of nonconforming fences shall be permitted to preserve a quality appearance. Major structural repairs or replacement shall be required to conform to be above location and material standards. 5. The construction of tennis court fencing greater than six feet in height or use of chain link shall be subject to a conditional use permit. E. Exceptions Procedures. Requests for exceptions to the above standards may be brought before the Palm Desert architectural commission. For an exception to be approved, the architectural commission must make a finding that unusual circumstances exist which make the literal interpretation and enforcement of the standards impractical or contrary to the purpose of the ordinance codified in this section and that the exception shall not result in damage to adjacent properties. Property owners adjacent to the proposed exception shall be informed of the application at least ten days prior to the architectural commission meeting. (Ord. 557 (Exhibit A) (part), 1988) F. Measuring Wall Height. Wall height shall be measured from natural grade at the wall location. G. Landscape Plan Required. A formal landscape plan shall be required to be submitted and approved by the landscape manager prior to the approval of any application for a wall adjacent to a public street. H. Undulation of Walls. All walls adjacent to a public street shall be designed to provide undulation (offset of at least 18 inches) or pilaster. at least every 30 feet of linear extent of the wall. Undulating walls may encroach up to 18 inches into required wall setbacks. 11 5 iIy , 73-5x0 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346—o6x x FAx:760 34x-7098 -fo4 palm -Jr —0'g CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 04-04 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider an amendment to the zoning ordinance as it relates to wall heights, materials, colors and locations in single family districts. SAID public hearing will be held on Thursday, April 14, 2005, at 4:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. PUBLISH: Desert Sun RACHELLE D. KLASSEN, City Clerk March 31, 2005 City of Palm Desert, California