HomeMy WebLinkAboutRes 06-112 PP-HPD 06-08 APN 771-510-001 APN 771-510-001CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: Consideration of approval a Precise Plan of design to allow a 11,776
square foot single family home within the Hillside Planned Residential
Zone. Subject property is located at 642 Pinnacle Crest, within the
Canyons at Bighorn. (APN 771-510-001)
SUBMITTED BY: Ryan Stendell, Assistant Planner
APPLICANT: Guy Dreier Designs / Habitat Architecture
41-995 Boardwalk, Suite D.
Palm Desert, CA 92211
CASE NO:
DATE:
CONTENTS:
Recommendation:
PP/HPD 06-08
July 13, 2006
A. Staff Recommendation
B. Discussion
C. Draft Resolution No. 06-112
D. Plans and Exhibits
E. Ordinance 1046A
That the City Council adopt Resolution No. 06-112approving a Precise Plan of
design to allow the construction of a 11,776 square foot single-family home within
the Hillside Planned Residential Zone.
Executive Summary:
The applicant is requesting approval of a precise plan to construct a new 11,776
square foot single-family home located in the foothills of the Santa Rosa
Mountains within the Canyons at Bighorn Country Club. The home is 120' lower
than the ridge to the east and cannot be seen from the City or adjacent
developments. The project involves an existing 2.4-acre residential lot with a
graded pad of 20,120 square feet. Since the dwelling unit exceeds the allowed
4,000 square feet prescribed by the HPR zone, the house will require an
exception. The exceptions section requires the Council to consider all
circumstances including viewshed, topography, color, texture, and profile of any
structure. The project's site design, architecture, color, materials, and
landscaping effectively achieve the intent and purpose of the HPR zone and
exception section.
Staff Report
PP/HPD 06-08
Page 2
July 13, 2006
Discussion:
I. BACKGROUND:
A. Ordinance No. 1046A:
On May 13", 2004, the City Council approved Ordinance Number 1046A,
amending the development standards for the Hillside Planned Residential
District. Some of the changes are:
• Density: One (1) unit per five (5) acres.
• Grading: Building Pad Area -maximum of 10,000 square feet.
Access Road/Driveway-maximum of 3,000 square feet.
• Maximum Dwelling Size: Total dwelling unit with garage and
accessory building shall not exceed 4,000 square feet.
• Exceptions: Standards of Section 25.15.030 A, B, and C may be
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 approve.
B. Property Description:
The property is located within the Canyons at Bighorn, low on the
mountain (120' lower than the ridge to the east). The parcel totals 2.4
acres. The pad has been rough graded to 20,120 square feet and is
zoned Hillside Planned Residential (HPR) with a drainage, flood plains
and watercourse overlay.
C. Planning Commission:
At its meeting of June 20, 2006 the Planning Commission adopted
resolution no. 2400, recommending approval to the City Council by a vote
of 4-0-1 (Commissioner Finnerty absent). The commission felt the home
was very well designed and met the intent of the HPR zone and exception
section.
II. PROJECT DESCRIPTION:
A. Precise Plan:
The precise plan of design for this new home totals 11,776 square feet.
The house has a main living area of 10,053 square feet and a garage
totaling 1,723 square feet. The home covers approximately 11 % of the
gross area of the lot.
Staff Report
PP/HPD 06-08
Page 3
July 13, 2006
Architecture/Design:
The single family home and guesthouse have a very contemporary
design, utilizing exterior stone veneer, angled/curved copper roofs and
bronze glazed windows. The design incorporates native rocks built up
against exterior walls to help it blend into the native terrain. The varied
heights and plains on the home and the curved/angled rooflines give the
house a very organic feel and help the home blend into the natural terrain.
Landscaping/Re-naturalization:
The landscape plan includes a wide variety of native trees, shrubs and
vines. All disturbed areas will be re -naturalized with native plant materials
per the landscape planting and re -naturalization plan.
Architectural Review Commission:
On May 23, 2006 the Architectural Review Commission reviewed
architecture and landscaping for the proposed home. The commission felt
that the materials/colors would blend into the native terrain very well. The
Commission by a 5-0-0-2 vote granted approval for the project
(Commissioners Hanson and VanVliet absent).
Energy Criteria:
The City has recently adopted an energy conservation policy that has a
goal of a 30% citywide reduction in energy use over a five-year period. As
a part of the exception the applicant has been conditioned to conform to
all standards of the energy ordinance as proposed or as amended at final
reading.
III. ANALYSIS:
Totaling 11,776 square feet, this house needs an exception because it
exceeds the maximum dwelling unit size of 4,000 square feet. The
Planning Commission and City Council have the ability to modify the
standards based on viewshed, topography, color, texture, and architecture
of the structure.
The home is low on the mountain (120' lower than the ridge) and cannot
be seen from the City. Any exposed walls are designed with stone veneer
(native colors) that will help the home blend into the natural terrain. The
finish grading and landscaping will restore any hillside that was disturbed
while cutting the pad.
Staff Report
PP/HPD 06-08
Page 4
July 13, 2006
finish grading and landscaping will restore any hillside that was disturbed
while cutting the pad.
The intent and purpose of the HPR zone is to encourage architecture and
landscaping design that blends into the natural terrain and protect
viewsheds, and natural skylines within hillside areas.
The superior architecture, landscaping and conformance to the City's
energy efficiency program justifies the exception.
IV. ENVIRONMENTAL REVIEW:
For the purposes of CEQA, the Director of Community Development has
determined that the proposed project is a Class 3 categorical exemption.
Submitted By: Department Head:
f�yari Stendell Phil Drell
Assistant Planner Director of Community Development
Approval:
00�
City ,Hager
ACM for Development Services
CITY COUNCIL AQTION:
APPROVED DENIED
DENIED
RFAEIV D OTHER_ZJ000-r.j
KeS NO
MEETIN DATE;
AYES: ova
NOES:
ABSENT: (aA
ABSTAIN:
VERIFIED BY_ y
lk 1'r-h .w
Original on File wi i City Clerk's Office
CITY COUNCIL RESOLUTION NO. o6_112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A PRECISE PLAN TO ALLOW
THE CONSTRUCTION OF A 11,776 SQUARE FOOT SINGLE-FAMILY
HOME. SUBJECT PROPERTY IS LOCATED AT 642 PINNACLE CREST,
WITHIN THE CANYONS AT BIGHORN. (APN: 771-510-001)
CASE NO. PP/HPD 06-08
WHEREAS, the City Council of the City of Palm Desert, California, did on the 13"'
day of July, 2006, hold a duly noticed public hearing to consider the request by Guy
Dreier Designs / Habitat Architecture for approval of the above noted; 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. 06-78, in that the Director of Community Development has determined
that this project is a Class 3 categorical exemption for the purposes of CEQA; 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 approval of said request:
1. That the proposed location of the single-family home is in accord with the
objectives of the zoning ordinance and purpose of the Hillside Planned
Residential District.
2. That the applicant's proposed use of the property is consistent with the
standards of the Hillside Planned Residential District's goals of preserving
the hillside area to the greatest extent possible.
3. That the project's site design, architecture, color, materials, and
landscaping effectively achieve the HPR's goals of blending development
with the natural terrain.
4. That the proposed use will comply with each provision of the City's Zoning
Ordinance except any approved variances or exceptions provided in the
hillside development plan/precise plan.
NOW, THEREFORE, BE IT RESOLVED 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 the City Council does hereby grant approval of PP/HPD 06-08.
CITY COUNCILRESOLUTION NO. 06-112
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 13«' day of July, 2006, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE KLASSEN, Secretary
Palm Desert City Council
JIM C FERGUSON, Mayor
2
CITY COUNCILRESOLUTION NO. 06-112
CONDITIONS OF APPROVAL
CASE NO. PP/HPD 06-08
Department of Communitv Development:
The development of the property shall conform substantially with exhibits on file
with the Department of Community Development, as modified by the following
conditions.
2. Construction of said project shall commence within one (1) year from the date of
final approval unless an extension of time is granted, otherwise said approval
shall become null, void and of no effect whatsoever.
3. Prior to issuance of a building permit for construction of any use contemplated by
this approval, the applicant shall first obtain permits and/or clearance from the
following agencies:
Coachella Valley Water District
Palm Desert Architectural Commission
City Fire Marshal
Public Works Department
Evidence of said permit or clearance from the above agencies shall be
presented to the department of building and safety at the time of issuance of a
building permit for the use contemplated herewith.
4. The applicant shall re -naturalize any and all disturbed hillside area of the project
with native landscaping and materials to blend the project into the natural terrain.
5. Applicant agrees to maintain the landscaping required to be installed pursuant to
these conditions. Applicant will enter into an agreement to maintain said
landscaping for the life of the project, which agreement shall be notarized and
which agreement shall be recorded. It is the specific intent of the parties that this
condition and agreement run with the land and bind successors and assigns. The
final landscape plan shall include a long-term maintenance program specifying
among other matters appropriate watering times, fertilization and pruning for
various times of the year for the specific materials to be planted, as well as
periodic replacement of materials. All to be consistent with the Property
Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan.
6. Project shall conform to all sections of the draft ordinance for Energy Efficiency
(Exhibit `A' attached) or as amended at final reading, including section 22.30.050
relating to homes with floor area greater than 4,000 square feet.
3
CITY COUNCILRESOLUTION NO. 06-112
Department of Public Works:
1. In accordance with Palm desert Municipal Code Chapter 27, complete grading
plans and specifications shall be submitted to the Director of Public Works for
checking and approval prior to the issuance of any permits associated with this
project.
2. Proposed building pad elevations are subject to review and modification in
accordance with Chapter 27 of the Palm Desert Municipal Code. Site grading
design shall include consideration of existing topography.
3. Any storm/detention area design and construction shall be contingent upon a
drainage study prepared by a registered civil engineer that is reviewed and
approved by the Department of Public works.
4. All applicable fees shall be paid prior to issuance of permits.
0
EXHIBIT A
ORDINANCE NO. 06-112
ORDINANCE OF THE CITY OF PALM DESERT ADOPTING LOCAL
ENERGY EFFICIENCY STANDARDS FOR BUILDINGS COVERED BY THE
2005 CALIFORNIA BUILDING ENERGY EFFICIENCY STANDARDS
24.30.010 Title. Puraose and Intent
This ordinance sets forth minimum energy efficiency standards within the City of Palm
Desert for all new construction, including remodels, additions, alterations and tenant
improvements.
(a) Background. All residential and nonresidential development must meet or exceed the
energy requirements contained in the 2005 California Building Energy Efficiency
Standards, including California Code of Regulations, Title 24, Parts 1 and 6 (the
"Standards"). The ordinance codified in this chapter requires the application of the
Standards, including but not limited to the definitions, procedures, forms, manuals and
alternative calculations methods ("ACMs") associated with the Standards. In addition, this
ordinance amends the Standards as described herein.
(b) Buildings Covered. The provisions of this ordinance shall apply to all new residential
construction, remodels, additions and alterations, and to all new nonresidential
construction, remodels, additions, alterations and tenant improvements for which a building
permit has been applied for and accepted as complete by the building department on or
after the effective date of this ordinance.
24.030.015 Enforcement
The Building Official for the City of Palm Desert shall be charged with enforcing the
provisions of this ordinance.
24.30.020 Definitions
(a) "kW" means kilowatts or 1,000 watts, as measured from the alternating current side of
the solar PV energy system inverter consistent with Section 223 of Title 15 of the United
States Code.
(b) "Production Home" means a dwelling constructed as part of a residential development
of at least five homes per project that is intended or offered for sale.
6/30/06 Draft of Palm Desert Energy Efficiency Standards Page i
(c) "Solar PV Energy System" means a photovoltaic solar collector or other photovoltaic
solar energy device that has a primary purpose of providing for the collection and
distribution of solar energy for the generation of electricity, and that produces at least 1.0
M but not more than 1 megawatt, alternating current rated peak electricity.
(d) "Residential Development" is to include but not be limited to attached and detached
single-family dwellings, condominiums, apartments and time-share dwellings; and not
including hotels and motels as defined in the 2005 California Building Energy Efficiency
Standards.
22.30.030 Mandatory Reauirements
All buildings covered by this ordinance shall include the following mandatory energy
measures as applicable and limited to the permitted scope of work:
1. Liahtina. Lighting in all laundry rooms, utility rooms, mechanical rooms, closets and
garages shall be fluorescent and controlled by a Manual -ON, Automatic -OFF occupancy
sensor. All common area landscape lighting shall be fluorescent.
2. Swimmina Pools and Spas. All Public and Private Swimming pools, spas, fountains
and water features shall incorporate the following energy conservation features:
(a) All pool and spa natural gas heaters shall have a minimum AFUE of 90% or higher;
AND,
(b) All circulating pump motors and filtration pump motors with a nominal rating of 0.75
horsepower (i.e., 3/ HP) or greater shall be two -speed or variable speed motors. The
installation of all two -speed and variable speed motors shall include the installation of a
controller which shall be time -based and shall be programmed to alternate the speed of
the motor between low and high to make effective use of the energy savings potential of
the unit's multi -speed capability. EXCEPTION: Dedicated pump motors serving only spa
jets.
3. Provisions for Future Solar Enerav Svstems. A 1 inch diameter electrical conduit
shall be provided for installation of future solar energy systems. The 1 inch diameter
electrical conduit shall extend from a point on the exterior wall located under the southern
roof exposure, to the exterior wall location adjacent to the main electrical service panel. At
each location, the conduit shall terminate at a two gang, exterior wet location rated, electric
junction box.
6130106 Draft of Palm Desert Energy Efficiency Standards Page 2
22.30.040 General Compliance Reauirements
The following general compliance requirements shall apply to all new construction and
additions greater than 500 square feet. Even if a building meets the 2005 Standards using
an approved performance method, the followinq Palm Desert prescriptive measures are
also required or the permit applicant may instead choose the Palm Desert performance
approach to meet the equivalent overall enerqy efficiency of these requirements. Note that
other special requirements for single family homes larger than 4,000 square feet and for
production homes are included in Sections 22.30.050 and 22.30.060.
I. PALM DESERT PRESCRIPTIVE APPROACH
1 a. All glazing located in southern, western and eastern exposures shall meet all of the
following requirements: (i) All fenestration shall have an NFRC-rated U-factor of 0.40 or
less; and, (ii) all fenestration shall have an NFRC-rated fenestration SHGC value of 0.35 or
less; or the fenestration in conjunction with a qualifying exterior shading device per the
Standards results in an SHGC value of 0.35 or less; OR,
1 b. The building shall incorporate structural overhangs or architectural projections for
solar shading of all east-, south- and west -facing fenestration. For all south -facing
fenestration, solar shading shall be designed so that all glazing shall be fully shaded at
solar noon between the days of April 15th and October 15th. Solar shading for east- and
west -facing fenestration shall be designed with the same cut-off angles as required for
solar shading of south -facing fenestration.
2. Where wood roof sheathing is installed, a roof radiant barrier shall be installed as
defined in the 2005 California Building Energy Efficiency Standards. EXCEPTION: A roof
radiant barrier is not required where rigid insulation is installed between the roof sheathing
and the roof membrane.
3. All flat or low -sloped exterior roof surfaces with a slope of 2:12 or less shall be
rated by the Cool Roof Rating Council (CRRC at www.coolroofs.orq) and have an initial
reflectance of 0.70 or greater and an initial emittance of 0.75 or greater. EXCEPTION:
Metal roofs or any other roof with an initial emittance less than 0.75 must have a minimum
initial reflectance determined by the equation given in Section 118(i)2 of the Standards.
4. All duct insulation shall be R-6 or higher.
5a. All ducts in low-rise residential buildings shall meet the reduced duct leakage
requirements in Section 151(f)10 of the Standards; however, no HERS verification is
needed unless duct testing is required to demonstrate compliance with the 2005
Standards; AND,
5b. All ducts in nonresidential and high-rise residential buildings which meet all the
criteria defined in Sections 144(k)1, 2 and 3 of the Standards shall be sealed to a leakage
rate not to exceed 6% of the fan flow; however, no HERS verification is needed unless
duct testing is required to demonstrate compliance with the 2005 Standards.
6130106 Draft of Palm Desert Energy Efficiency Standards Page 3
6. Low-rise residential buildings only: Exterior walls shall include R-21 insulation or
achieve an overall U-Factor of 0.69 or less according to the methodology described in the
state's 2005 Residential Compliance Manual.
II. PALM DESERT PERFORMANCE APPROACH
If a building does not meet all the prescriptive requirements listed above, the permit
applicant may. alternatively, use a performance method (i.e., a state -approved ACM) to
demonstrate that the building exceeds the 2005 Standards by at least 10%.
EXCEPTION: Single family homes greater than 4,000 square feet must exceed the 2005
Standards by at least 15% to use this compliance option (see Section 22.30.50).
For nonresidential and high-rise residential buildings, "process" and "receptable" loads are
included in the ACM computer simulation, but are excluded in the calculation showing the
percent by which the Proposed Design energy performance exceeds the Standard Design
(in TDV KBtu/sf-yr). If lighting compliance is not a part of the permit submittal, lighting
loads are excluded in the "% Better Than Standard" calculation.
Additions greater than 500 sf may meet this requirement by using the Existing + Addition +
Alteration performance approach, and exceeding the Standard Design by at least 10%.
22.30.050 Soecial Comaliance Reauirements for New Sinale Family Dwellinas With
a Total Conditioned Floor Area of Greater Than 4.000 Sauare Feet
In addition to the applicable Mandatory Requirements in Section 22.30.030 and the
General Compliance Requirements in Section 22.30.040, new single-family dwellings with
a total conditioned floor area greater than 4,000 square feet shall:
1. Include the installation of a Solar PV Energy System where the minimum nominal
kW capacity of the system shall be as listed in Table A; OR,
2. The permit applicant using an approved performance method must demonstrate
that the building exceeds the 2005 Standards by at least 15%.
Table A. Solar PV Energy System
House Size
PV System
(square feet)
Minimum kW
4,001 — 6,000 sf
2.0 kW
6,001 — 8,000 sf
3.0 kW
8, 001 — 10, 000 sf
4.0 kW
10, 001 + sf
5.0 kW
6130106 Draft of Palm Desert Energy Efficiency Standards Page 4
22.30.060 Requirements for Production Homes in Residential Developments
In addition to the requirements specified in Sections 22.30.020 through 22.30.50 of this
ordinance, Production Homes shall, as applicable, meet the following additional
requirements:
1. Model homes as part of a Production Homes development shall be equipped with a
Solar PV Energy System with a minimum nominal output of 2.0 kW.
2. A seller of production homes shall offer a solar PV energy system option to all
customers that enter into negotiations to purchase a new production home and disclose
the following:
(a) The total installed cost of the solar PV energy system option; and,
(b) The estimated cost savings associated with the solar energy system option as
determined by current and projected future utility costs.
3. Energy Star Appliances Required. If provided by the developer, all the following
installed appliances shall be Energy Star rated:
(a) Dishwashers
(b) Refrigerators
(c) Clothes Washers
(d) Clothes Dryers (Natural Gas only)
(e) Ceiling fans
(f) Exhaust fans
22.30.070 Effective Date and Expiration Date
This ordinance shall be and is hereby declared to be in full force and effect as of
September 1, 2006 or when the ordinance is approved by the California Energy
Commission, whichever is later.
This ordinance shall expire on the same day that the 2008 or other revised Building Energy
Efficiency Standards take effect.
6130106 Draft of Palm Desert Energy Efficiency Standards Page 5
CITY 01 P 0 1 M DESERT
73-510 FRED WARING DRIVE
PALM DFSF.RT, CALIFORNIA 9226o-2578
r6L-760 346—o6ii
FAX: 760 341-7098
info@palm-deur[.org
CITY OF PALM DESERT
PUBLIC NOTICE
CASE NO. PP / HPD 06-08
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert
City Council to review a Precise Plan of Design by Habitat Architecture / Guy Dreier
Designs to allow a 11,776 square foot single family home within the Hillside Planned
Residential zone. The subject property is located at 642 Pinnacle Crest, within the
Canyons at Bighorn. (APN 771-510-001)
SAID public hearing will be held on Thursday, July 13, 2006, at 4:00 p.m. in the Council
Chambers 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 Palm Desert City
Council at, or prior to, the public hearing.
PUBLISH: Desert Sun RACHELLE KLASSEN, City Clerk
June 30, 2006 Palm Desert City Council
Palm Desert Fire Department
Fire Prevention Bureau
In cooperation with Riverside County Fire Department
73710 Fred Waring Dr. Suite 102 Palm Desert Ca 92260 760-346-1870 Fax 760-779-1959
June 2, 2006
To: Ryan Stendell
Assistant Planner
Re: PP 06-08
Jeff RFppee residence at the Canyons at Big Horn
Palm Desert Ca 92260
Case # PP 06-08 / 06-251
With respect to the conditions of approval regarding the above reference plan check,
the Fire Department recommends the following fire protection measures be provided in
accordance with City Municipal codes, appropriate NFPA Standards, CFC, CBC and/or
recognized Fire Protection Standards.
After reviewing the plans provided to the Fire Marshal Office for the Building to be
installed at the above address the Fire Marshal office has Approved the submitted plans
with the following conditions.
In reference to the above mentioned property, the fire department finds no probable
impacts on the environment including land, air minerals, flora, fauna, and noise objects
of historical or aesthetic significance at this time.
Any questions regarding the meaning of these conditions should be referred to the Palm
Desert Fire Marshals office at 760-346-1870, located at 73710 Fred Waring Suite #102
Palm Desert, Ca 92260
Respectfully,
10
Neal Stephenson
Fire Safety Specialist
David A- Avila
Fire Marshal
1.. rEROFFICE MEMORANDLJI
TO: Department of Community Development/Planning RECEIVED
Attention: Ryan Stendell
MAY 19 2�6
FROM: Phil Joy, Associate Transportation Planner
COMMUNITY DEVELOP►9'.. _•E.' ' Y7
SUBJECT: PP 6-8 Rippee residence at 642 Pinnacle Crest CITY OF PALM DESERT
DATE: May 19, 2006
The following shall be considered conditions of approval for the above -referenced project.
(1) In accordance with Palm desert Municipal Code Chapter 27, complete grading plans
and specifications shall be submitted to the Director of Public Works for checking
and approval prior to the issuance of any permits associated with this project.
(2) Proposed building pad elevations are subject to review and modification in accordance
with Chapter 27 of the Palm Desert Municipal Code. Site grading design shall include
consideration of existing topography.
(3) Any storm/detention area design and construction shall be contingent upon a drainage
study prepared by a registered civil engineer that is reviewed and approved by the
Department of Public Works.
(4) All applicable fees shall be paid prior to issuance of permits.
- - - — /'i fl�-511 -1 - �1�4 -------
Phil Joy
(jsglhdp3-1.cnd)
�6O -4OZ
4
ORDINANCE 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, void a duly noticed public nearing which was continued to June 1u,
2004, to consider amending Palm Desert Municipal Code Chapter25.15, 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 Directorof 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:
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 8th day of July, 2004, by the following vote, to wit:
AYES: BENSON, FERGUSON, and SPIEGEL
NOES: KELLY
ABSENT: CRITES
ABSTAIN: NONE
ROBERT A. SPIEOCL, AYOR
ATTEST:
R CHELLE D. KLASSEI`4, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
f:
ORDINANCE NO. 1046A
EXHIBIT "A"
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the Califomia
Code of Regulations.
--------NEO-AfiHtE-DECLAf?-ATION -
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,
Califomia, 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 J l DATE
PLANNING MANAGER
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ORDINANCE NO. 1046A
EXHIBIT "B"
HILLSIDE PLANNED RESIDENTIAL DISTRICT
Sections:
25.15.010 Purpose.
25A5:E-20-Perm6tted 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 Lighting.
25.15.060 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 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 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 Road/Driveway. 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 orotherareas 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. 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.
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.
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ORDINANCE NO. 1046A
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 Lighting.
Exterior lighting shall be limited to that which is absolutely necessary for safety and
- — -security-and-shall-be-in compliance with-Chapter24716-of-the Municipal - Code. -(Ord.-322 - - - -
(part), 1983)
25.15.060 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 firebreaks 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)
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 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)
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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 ----Ass ps-indicating the#allowing, - --
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% 26% - 30%
16% - 20% 31 % - 35%
21 % - 25% 36% and over,
3. Elevations of existing topographic features and the elevations of any
proposed building pads, street centerlines and property comers,
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;
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;
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ORDINANCE NO. 1046A
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-- --Ratjo-Gf-open-space to total4and-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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