HomeMy WebLinkAboutOrd 1091 - ZOA 04-04 Relates to Wall Heights and LocationsORDINANCE 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,
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
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE KLASSEN, City Clerk
City of Palm Desert, California
day of , 2005, by the following
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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:
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:
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:
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
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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:
Decorative block;
ii. Precision block stuccoed or painted to match house;
iii. Redwood, cedar or other approved decay -resistant wood
product;
right-of-way:
product;
iv. Wrought iron.
b. Interior rear and side yard fences not visible from the public
Materials:
Block --all types;
ii. Redwood, cedar or other approved decay -resistant wood
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.
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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.
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