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PLANNING COMMISSION MEETING
NOTICE OF ACTION
Date: March 22, 2007
City of Palm Desert
Re: ZOA 07-01
The Pfanning Commission of the City of Palm Desert has considered your request and
taken the following action at its regular meeting of March 20, 2007:
PLANNING COMMiSSION RECOMMENDED TO CITY COUNCIL
APPROVAL OF CASE NO. ZOA 07-01 BY ADOPTION OF PLANNING
COMMISSION RESOLUTION NO. 2439 AS AMENDED. MOTION
CARRIED 5-0.
Please call if you have any questions regarding this action. Case No. ZOA 07-01 is
tentatively scheduled for City Council public hearing on April 12, 2007.
vf ���!��'-"
Stephen R. Smith, Acting Secretary
Palm Desert Planning Commission
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cc: Coachella Valley Water District
Public Works Department
Building & Safety Department
Fire Marshal
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PLANNING COMMISSION RESOLUTION NO. 2439
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL APPROVE
AN AMENDMENT TO CHAPTERS 25.15 HILLSlDE
PLANNED RES/DENTIAL (HPR) AND 25.86 PUBLIC
HEARINGS AS THEY RELATE TO PUBLIC HEARING
REQUIREMENTS, DEVELOPMENT STANDARDS AND
RIDGE-TOP DEVELOPMENT.
CASE NO. ZOA 07-01
WHEREAS, the Planning Commission of the Cit�r of Palm Desert, California, did
on the 20th day of March, 2007, continued from the 20 of February, 2007, hold a duly
noticed public hearing to consider an amendment to the Palm Desert Municipal Code,
Chapters 25.15 and 25.86 as described above; 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 the amendment will not have a significant adverse impact on the environment and a
Negative Declaration of Environmental Impact has been prepared; 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:
1. That the Zoning Ordinance amendment is consistent with the adopted
General Plan and affected specific plans.
2. 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:
1. That the above recitations are true and correct and constitute the findings
of the Planning Commission in this case.
2. That a Negative Declaration of Environmental Impact, Exhibit A attached,
be recommended for certification to the City Council.
3. That the Planning Commission does hereby recommend to the City
Council approval of a Zoning Ordinance text amendment as provided in
the attached Exhibit B to amend Municipal Code Chapters 25.15 and
25.86.
PLANNING COMMISSION RESOLUTION NO. 2439
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Dese�t
�
Planning Commission, held on this 20th day of March, 2007, by the following vote, to
wit:
AYES: LIMONT, TANNER, TSCHOPP, SCHMIDT, CAMPBELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
. �
SONIA M. CAMPBELL, Chairperson
ATTEST:
I
STEPH R. SMITH, Acting Secretary �
Palm Desert Planning Commission
�
2
PLANNING COMMISSION RESOLUTION NO. 2439
�
�
EXHIBIT A
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the
Califomia Code of Regulations.
NEGATIVE DECLARATION
CASE NO: ZOA 07-01
APPLICANT/PROJECT SPONSOR: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
PROJECT DESCRIPTION/LOCATION:
Approve an amendment to Chapters 25.15 Hillside P/anned Residenfial (HPR) and
25.86 Public Hearings as they re{ate to public hearing requirements, development
standards and ridge-top development.
The Director of the Department of Community Development, City of Palm Desert,
California, has found that the described project will not have a significant effect on the
environment. A copy of the Initial Study has been attached to document the reasons in
support of this finding. Mitigation measures, if any, included in the project to avoid
potentially significant effects, may also be found attached.
� 3 - -
ST PHEN R. SMITH DATE
ACTING DIRECTOR OF COMMUNITY DEVELOPMENT
3
PLANNING COMMISSION RESOLUTION NO. 2439
EXHIBIT B
Chapter 25.86
PUBLIC HEARINGS
That the following provision be added to Section 25.86.010 (Hearing time and notice)
D. All development of parcels within the Hillside Planned Residential Zone
shall require notice of a public hearing not less than 10 days nor more
than 30 days prior to the date of the hearing by publication in the
newspaper of general circulation in the City, and mailing notices via
United States Posta/ Service to people whose name appear on the latest
adopted tax rolls of Riverside County as owning property within 4,000
feet of the exterior boundaries of the property that is the subject of the
hearing and notification to all homeowners associations within the City
south of Haystack Road.
Chapter 25.15
HILLSIDE PLANNED RESIDENTIAL DISTRICT
That the following section be added to chapter 25.15 Hillside Planned Residential
District.
25.15.015 Definitions.
Hillside Ridge- A ridgeline that is formed by the juncture of two (2) or more
sloping planes that project outward from a mountain range and descend
towards the valley floor more particularly identified on attached exhibit
labeled Hillside Planned Residentia/Zone Ridges.
That the following provision be added to Section 25.15.010 (Purpose)
D. 1. Development on or across ridges is prohibited.
2. Building pad elevations and architectural design shall be set so
that rooflines do not create a negaiive visual impact on the
City.
That the following provision be added to Section 25.15.030 (Development Standards)
E. Previously approved existing building pads shall be subject to the
standard coverage limitations of 35% and may be increased up to 50%
with Architectural Review Commission approval. Any change to an
4
PLANNING COMMISSION RESOLUTION NO. 2439
existing approved building pad shall require a new public hearing
subject to the provisions of this chapter.
5
49220 Quercus Lane
Palm Desert, CA 92260
March 17, 2007
Palm Desert Planning Commission
City of Palm Desert RECEIVED
73-510 Fred Waring Drive
Palm Desert, CA 92260 MAK 1 9 7�7
RE: Staff Report Dated March 20, 2007
Case No: ZOA 07-01 :OM1tUN1TY DEvEIAPMENT DEPARTb[ENT
CITY OF PALM DESERT
Dear Planning Commission:
I am writing this letter on behalf of the 1050 homes in the Ironwood Community. For the
past year and more, we in Ironwood (along with representatives from The Reserve, The
Summit, and Monterra) have worked with members of the City Council and Mr
Hagadone to mitigate the impact of the Hagadone development on Palm Desert
residents and have been pleased with the response of both Mr. Hagadone and the City
Council In that regard. We also appreciate being asked to comment on the proposed
amendments being recommended in the Staff Report dated March 20, 2007:
• PUBLIC NOTICES— Mailing legal notices to property owners within 4000 feet of
the property to be developed is a reasonable and clear approach. We support
this recommendation strongly. Had this been in place several years ago, much
of the recent controversy over ridge line development could have been avoided.
• BUILDING SIZE LIMITATION— No objection.
• RIDGE-TOP DEVELOPMENT—We eartier suggested, as perhaps did others,
the use of the word "prohibited" recommended for 25.15.010 as it is clear in
meaning and intent:
"(D) Development on or across prominenf ridges is prnhibited."
A{so, we find the next sentence acceptable:
"Building pad elevations and a�hitecfura/design shall be set that
rr�oflines do not create a negative visual impact on the City"
Overall, we would prefer that the wording say that rooflines should not be visible,
but recognize the difficulty inherent in this wording. Therefore, in the context of
the other recommended changes, we feel this version would be effective.
Recently, Ryan Stendell was kind enough to share with me the ridgeline map that was
prepared as a aid in enforcing these changes, and we feel it would be very effective.
We respectfully and strongly recommend you approve these amendments as proposed.
Sincerely,
c��z--�� ��!/1-�
Lawrence T. Sutter
President, Ironwood Master Association
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RECEIVED
� �.� L O 2007
Name: Richard Fromme Valley resident since 1965 �M���f'�DBVELOPMENTDEPARTMENT
f,ITY OF PALM DESERT
4�-625 Paisano Rd.
Palm Desert, Ca. 92260
Political: 1 believe that these proposed restriction being placed on the property owners of
the Palm Desert Cahuilla Hills properties are nothing but a response to the uproar from
the Hagadone project in The Canyons at Big Horn. It seems very unfair for these
property owners to be restricted like this for this reason. The responsibility for the
Ha�ad�ne project belongs to the city that issued tlie p�rmit to builu t}ie huuse, �iut tl�e rrst
ot�the property owners who happen to have property on hillsides.
Property Values: The restrictions being placed on the hillside properties by Palm Desert
will have a significant affect on their value. A property on Upper Way West was listed
for$1,295,000.00 on a 4/28/06 CMS report that I have in my possession. It sold for
$276,500.00 in December of 2006. The assessed value of the property was $882,300.00
at that time. 1 understand the reason for the low price was restrictions placed on the
property by the seller to insure his privacy. These restrictions are similar to the ones
proposed by this ordinance. Cahuilla Hills property owners should be paid for this
decrease in value and the owners of ridgeline lots that are unbuildable should be paid the
entire value of the property. I understand the city is purchasing property in the hills and it
seems�o me that this ordinance would be a good way to purchase the property that the
city wants at a devalued price. I hope this is not the case.
Notification: Notifying everyone within 4000 F'eet by mail is expensive and unnecessary.
If this is the new criterion, then it should be the same for everyone, even the properties in
the flat parcels. It was much prettier for Cahuilla Hills residents when we could see the
wildflowers instead of houses. Shouldn't we be allowed the same courtesy? Would
publishing the project in the newspaper, as the city does, be better?
City Council: 1 think that there are some conflicts on the city council concerning the
hi�lside p}ans. �oting on this shou�a not be alSowed for those council people involved.
Homestead Act: The Federal Government allowed the hilis to be homesteaded so people
would build and settle on the property they homesteaded. 1 realize that now the Federal
Government defers to the local government to administer development, and rightfully so,
but don't you feel the original intent of the act should be considered.
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4g725 Varbena Rd Palm DeseRPps�$48,B 3 ' 2 2317 72309ai 1990G 0?117/06 289.75 14 649,500 64�,500 625,000 �
71410 O�sFs T�f Palm DsserlPasp�b{a,B 11.80 2�70 87120d 2001 G 12/23A4 26T.68 349 825.000 T95.000 795,000 f C
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DRAF't
M�NUTES
PALM DESERT PLANNING COMMISSION ��:�007'
Acti n:
Commissioner Tanner made a motion that they accept the building with the
conditions and that the building owners wor{c with the Fire Department to get
those two issues worked out. Chairperson Campbell asked for clarification
that the motion included approving the building. Commissioner Tanner said
yes. The motion was seconded by Commissioner Tschopp. Motion carried
3-2 with Commissioners Limont and Schmidt voting no.
It was moved by Commissioner Tanner, seconded by Commissioner
Tschopp, adopting Planning Commission Resolution No. 2438
recommending to City Council approval of Case No. PP 07-03, subject to
conditions. Motion carried 3-2 with Commissioners Limont and Schmidt
voting no.
Mr. Smith stated that the meeting between the applicants/owners and the
Fire Department would take place prior to City Council public hearing and
those two issues would be resolved.
C. Case No. ZOA 07-01 - CITY OF PALM DESERT, Applicant
Request for a recommendation of approval to the City Council
of an amendment to Chapter 25.15 Hillside Planned
Residential District and Chapter 25.86 Public Hearings.
Mr. Stendell reviewed the staff report, pointing out the additions and changes
that had been made since the last meeting. He said there was
correspondence on the matter and copies received within the last few days
had also been distributed to Commission. Some letters were in favor and
some felt it would devalue their properties. Mr. Stendell explained that
development standards weren't being changed; owners were still entitled to
a 10,000 square foot pad, 3,000 square feet of access road and a 4,000
square foot house. They were just insuring now that no more ridge-top
developments were being created.
Commissioner Schmidt asked for the definition of "that roof lines do not
create a negative visual impact on the city"; she asked what that meant to
staff. Mr. Smith replied that it means that the goal is that rooflines witl not be
visible above ridge lines and if from some vantage points they happen to be
visible, they are not at a point where they become an adverse impact on that
view. Commissioner Schmidt asked Mr. Stendell the same question. He
replied that his definition was very similar. As Mr. Tschopp pointed out to him
at the last meeting, it was very hard to say it wouldn't be seen depending on
12
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PALM DESERT PLANNING COMMISSION MARCH 20. 2007
the vantage point. He noted that this was the puspose section of the code
where they are stating their goals and policies. Even discussing it with legal
counsel, it became very difficult to state what they had in the last draft. If the
Commission wished, it could be massaged a little bit to possibly get more of
the intent of the relationship between the roof of a home and the ridge of a
mountain. They didn't want to create something in the ordinance that was
impossible.
Commissioner Schmidt read the information three or four times and the
impression she was left with was that they can't have a roof above the
ridgeline, but if they do, it shouldn't cceate a negative impact. Tnat was how
she was interpreting that sentence. So it was contradictory and too vague for
her. The whole purpose in reviewing this is to tighten it up and it seemed
they were floundering. That was the impression. Mr. Stendell said he could
work on that statement with legal counsel if it was too vague. Commissioner
Limont said there are slopes, and a good example is going down Highway
74; in one spot it will be seen and in another it won't. She said maybe they
could take into consideration the elevations, because it would be difficult
even if they go below the ridge lines and on three sides it can't be seen, but
maybe from one spot it could. If it said no ridge lines, it would render it
impossible to build because a person cou4d argue depend'+ng on where they
were standing. Mr. Stendell said that was correct; their intent was to leave
the negative visual impact determination on the city up to the Commissions
and Council.
Commissioner Tanner said included in the city are the neighbors who were
also involved. He thought this provided a good guideline to them and
Architectural Review. It added teeth to the prior one and protected visual
impact to the city and surrounding neighbors. They were talking about
increasing the notification and this is what is going to appear. If there is any
kind of a negative impact on the city, and they were ta4king about a41 of the
city, not just Palm Desert; it was all involved. For him it added teeth and he
was comfortable with the wording. It gave them an opportunity to say it will
give a negative impact on the city and its inhabitants, whether they are next
door neighbors or on Interstate 10.
Commissioner Schmidt thought perhaps the way to address this would be to
not have the sentences all in one paragraph. The first sentence was very
strong and clearly states our intent; don't do it. Then they were giving some
sort of out depending on who objects and then it was very subjective from
that point on. She suggested labeling the two sentences D-1 and D-2. She
thought that might help. But she would love to know a clearer definition of
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PALM DESERT PLANNING COMMISSION MARCH 20. 2007
what negative impact is because to her it might mean one thing and to
someone else quite another. Commissioner Tanner agreed.
Commissioner Tschopp thought setting up the D-1 and D-2 was a good idea.
With the topography and view angles which are impossible to define and the
D-2 statement giving a lot of discretion, it also gives the applicant/builder a
lot of warning that they better design something that isn't going to have a
negative impact on the city and better not be sitting above the ridgeling for
the most part. It gives them some discretion and is a good statement. He
thought separating them was a good idea.
Commissioner Tschopp brought up the issue of the 4,000 square foot notice.
He liked what Mr. Stendell had done; it gave some reasoning and thought
behind doing it, but he thought of the old adage that if you are standing next
to something you can't design it, you have to stand back to really see it.
Because they were dealing with something that is seen by the rest of the city,
he asked if it would be a big problem to have it also noticed in the paper, not
as a legal notice, but as a general notice so that other citizens who might not
be within the noticed area might get an idea of what's going on in the hillside.
Mr. Stendell said right now it goes into the newspaper as a legal notice. He
didn't know how to notice it in the paper any other way. He asked Mr. Smith
if any other noticing had been done historically. Mr. Smith replied not on an
individual property application basis. When the general plan went through,
display ads and the like were placed. He was talking about the General Plan
Update, not individual general plan amendments. Mr. Hargreaves explained
that State law establishes certain minimums, but the City could require
whatever it thought was appropriate, as long as it was reasonably legal. Mr.
Smith said if they wanted to say a display ad was needed, they could.
Commissioner Tschopp didn't think that would be necessary. He thought with
the way they were clarifying it now, the new code would take care of the
problems of seeing something from Interstate 10. He was comfortable with
what had been done and thought staff gave it a lot of thought and it
appeared they didn't think it was necessary.
Commissioner Tanner felt there could be representation with the Desert Sun.
The original plan would go through Architectural Review and if there's any
indication there's an issue, it would get printed in the paper and maybe that,
along with U.S. mail would be enough of a notification to get people to the
meeting to tell them if something is or isn't satisfactory. Mr. Stendell stated
that he was very comfortable with the 4,000 square feet and the
homeowner's association notification. He thought that would get the word out
to a massive number of people. He noted that Palm Desert is a small town
14
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PALM DESERT PLANNING COMMISSION MARCH 20. 2007
and word usually spreads like wildfire. That was the intent of the noticing. He
was comfortable with the level of noticing proposed.
Commissioner Schmidt asked Mr. Stendell to show them how far 4,000 feet
was on the map. Mr. Stendell explained that there are two areas of Hillside
Planned Residential zone; one being the Canyons of Bighorn and the other
being west of the storm channel. Commissioner Schmidt asked to see the
distance that would still notify Ironwood. Mr. Stendell pointed it out.
There were no other questions for staff and Chairperson Campbell ne
the public hearing and asked if anyone wished to speak in FAVOR or
OPPOSITION to this application. Referring to the Request to Speak cards
that had been submitted, she invited Mr. David Nelson to address the
Commission.
MR. DAVID NELSON, 72595 Beavertail in Palm Desert, informed
Commission that he has five acres on Upper Way West up in the hills
that he bought and struggled through with the general plan update
process. He wanted to build a house up there and had started the
plans. Now he was struggling through another zone change around
him.
He said his property is basically all ridge line, but he was trying to
work something out with the City where they could build a little more
into the canyon. When talking about ridge lines and not being above
a ridge line, he noted that the ridge line is not a horizontal line, iYs at
an angle. So if he is below it or next to it, he would be above it further
down the hill a little bit. So it had to open up to the city somewhere,
some way, some place. It was not in a bowl. By doing this, they were
saying he has to build in a bowl which was impossible because there
were no bowls up there. He bought his property to build a home for he
and his wife and it just seemed like they kept getting down zoned and
down zoned.
He thought the Hagadone house was ridiculous and thought the City
might have a knee-jeric reaction, but after such a big house was built
that the City didn't have to approve, they had been telling him that
they don't want big houses up there and at the same time approved
that. But he hated to see it being micro managed. They couldn't have
it below the ridge line because the ridge line goes all the way to the
floor, so that didn't make sense to him. But he said he was trying to
work with the City and was working on a property swap with a piece
15
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PALM DESERT PLANNING COMMISSION MARCH 20. 2007
of property the City might have where he could build down more in a
canyon, but it would open up to somebody somewhere.
He liked the fact that it was changed so it couldn't be above the ridge
line, but there is some common sense to it. That was all he asked. He
got worried when they kept trying to make zoning so tight on
something in the hillside that is next to impossible to do because
every lot is so different up there. Those were his comments and he
said he appreciated their time.
MR. RICHARD FROMME, 48625 Paisano Road in Palm Desert, said
he lives in the County, but owns two five-acre pieces down by the
water tank. He has been a valley resident since 1965. He believed
these proposed restrictions being placed on the property owners of
the Palm Desert Cahuilla Hills properties was nothing but a response
to the uproar from the Hagadone project in the Canyons at Bighorn.
It seemed very unfair for these property owners to be restricted by this
for this reason. The responsibility for the Hagadone property belongs
to the City that issued the permit to build the house, not the rest of the
property owners who happen to have property on the hillside.
He thought the restrictions being placed on hillside properties by Palm
Desert would have significant effect on their value. The property on
Upper Way West was listed for$1,295,000 on a 04/28/06 CMS report
he had in his possession that he thought he furnished a copy to the
Planning Department that morning. It was sold for $276,500 in
December of 2006. The assessed value of the property was $882,300
at that time. He understood the reason for the low price with
restrictions placed on the property by the seller to insure privacy.
These restrictions were similar to the ones proposed by this
ordinance. He stated that Cahuilla Hills property owners should be
paid for this decrease in value and the owners of ridge line lots that
are unbuildable should be paid the entire value of their property.
Mr. Fromme understood that the City is purchasing property in the
hills and it seemed to him that this ordinance would be a good way to
purchase the property that the City wants at a devalued price. He
hoped this was not the case.
Notifying everyone within 4,000 feet by mail is expensive and he
thought unnecessary. If this is the new criterion, theR it should be
same for everyone, even the properties on the flat parcels below. It
was much prettier for the Cahuilla Hills residents when they could see
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the wild flowe�s and sand dunes instead of houses. Shouldn't they be
allowed the same courtesy with publishing the project in the
newspaper?
Mr. Fromme also thought there were some conflicts on the City
Council conceming the hillside plan and voting on this should not be
allowed by those Council people involved. The federal government
allowed the hills to be homesteaded so people would build and settle
on the property they homesteaded. He realized now that the federal
government defers to the local government to administer
development, and rightfully so, but he felt that intent should be
considered also.
He asked when they considered a building abandoned. He asked
what constituted abandonment. It was also stated that this plan
serves the public health and safety of the community and he didn't
understand how it had anything to do with the health and safety of the
community.
He commended Mr. Stendell; he said he has a real grasp of the
problems in developing the Cahuilla Hills. He said he spoke with Mr.
Stendell at length the day before and he thought he was a good man
to have doing this job. He believed that he would be fair if aliowed to
do things and make decisions that would be fair to everyone around.
He thanked them.
MR. LAWRENCE SUTTER, 49220 Quercus Lane, said he is the
President of the Ironwood Master Association that represents 1,050
homes. They followed this process over the last year and he filed a
letter yesterday, which he assumed they had before them so he
wouldn't repeat what he said except to say that he thought the
wording choices recognized in the line-of-sight issue, in fact all the
changes recommended by the Planning staff, they really supported.
They thought it made a lot of sense. The big issue for them in the past
with Hagadone was not being notified. They learned about it when
they got up one morning to see a crane on the hill. He really liked the
line-of-sight plus 1,000-foot idea, but as he thought about it, it got
complicated and he thought Mr. Stendeil's recommendation of 4,000
feet was fine. They were also comfortable with the wording talked
about earlier.
In terms of prohibiting development and saying absolutely nothing
could be built, that wouldn't make sense either, so they support the
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wording as it stands. They were appreciative of the Planning
Commission and Council working hard to improve this ordinance. He
also thanked Ryan Stendell. He thought the map was a great tool and
if they had the map before or this kind of tool with the noticing, then
they wouldn't have experienced what they had gone through in the
past year. He encouraged the Commission to vote yes and supported
it strongly.
MRS. GIGI MCCORMICK, 29220 Via Las Palmas in Thousand
Palms, said that she and her husband have owned a piece of property
in the hillside for 21 years. She sa+d they were working class people
who had a dream to build a home. She said they weren't rich people,
just working class people, and she understood the ridge line; they
have the highest peak up there. Their property, like some of the other
properties, is mostly ridge line. She said she could live with the map
being proposed, but her question was on development on or across
ridges being prohibited. If they looked at their parcel, access to their
parcel has to be across a ridge line. Coachella Valley Water has an
access road to their property and she was wondering if that meant
they couldn't cross a ridge line to get to their property. Is the road no
longer accessible to them? Or to Coachella Valtey Water? She had
a letter from the water district showing that a meter has been there
since 1986 and they have been paying their water bill. That was all
she had to say.
There was no one else wishing to speak. Chairperson Campbell asked if Mr.
Stendell had any other comments.
Regarding Mrs. McCormick's questions, Mr. Stendell said it was uncertain at
this point; the access road is there and they have talked about it. He thought
it wasn't visually seen from the city because it was behind an existing ridge
which blocks it. He said there were no guarantees in this ordinance, but the
wording allowed staff, the Commissions and Council to make the
determination of a negative impact. If there is no negative impact or it was
very minimal and they didn't see it and they have a very responsibly done
hillside home, staff would recommend approval and it would hopefully gain
approval from the Commissions and Council as well. They were looking at
responsibly done, well-designed architecture that does not happen on the
ridge lines.
Commissioner Tschopp asked if Mr. Stendell would comment on Mr.
Nelson's comments when they have a parcel that is primarily ridge lines. Mr.
Stertdell said Mr. Nelson's lot is extremely difficult to develop. He said it was
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a good example of an interesting lot to develop to say the least. Mr. Nelson
has a major canyon running through his property and it is completely ridges.
It was an example where they have an extremely difficult case, if ever, of
being developed. To Mr. Nelson's benefit, the City owns some property and
if they can flip a property line, that could create a nice place to put a home
with the least amount of visual impact. That could work out to everyone's
advantage; however, if that was to never happen, he'd be stuck with the very
hard task of developing an extremely steep ridge lot. So any development
that could occur would have to be very creatively and well thought out. That
was par for the course when dealing with hillside lots.
Commissioner Tanner asked for and received clarification that Mr. Fromme
has finro five-acre pieces of property and their location. He noted that he
would also have some valleys and peaks to deal with. Mr. Fromme said he
already has an approved pad. Mr. Stendell noted that there was also an old
concrete pad from a homestead home with an existing access road. He had
been out to that site and it is fairly low and he thought spots on those
properties could be found for development.
Commissioner Tschopp asked how they would balance the needs of the
property owners. They obviously have property owners who have been
� holding land for a long time with dreams of building homes up there and to
leave it so vague; he didn't like that. Mr. Stendell said that the existing
exceptions section is still intact. They can always ask. Whether it would be
approved or not was another story. Second, at the first discussion relative to
this proposed amendment at City Council, it was kind of the impression that
if development was going to be restricted to the point where it couldn't be
developed, the City should consider taking on those properties. Their intent
wasn't to do that; they are still allowing them their 10,000 square foot pad,
their 4,000 square foot house. Their intention is to increase the noticing and
to insure that nothing gets stuck on top of a ridge line. He didn't think that
killed anyone's chances of developing their dream home. He noted there are
many creative hillside developers in this town that could create something
almost anywhere. If they were ever to restrict someone to the point where
they couldn't ever develop it, they would have to see what would happen with
our legal counsel. Mr. Hargreaves said that if it was restricted to the extent
that it couldn't feasibly be built on, then the City would have to buy it.
Commissioner Schmidt asked for discussion on the testimony regarding the
access road. She asked Mr. Hargreaves if access could be denied to a
property/property owner. Mr. Hargreaves said no; if a property has access
and the City somehow messes it up, then the City has a certain liability there.
That didn't mean that the City had to guarantee access to every piece of
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property; some properties a�e inherently di�cult to access. The�e was 4ctind
of a give and take there. His understanding is that when those lots were
homesteaded, there were access easements along the boundaries. If they
tried to put a road on those boundaries, there would be some extremely
difficult access issues. Commissioner Schmidt said it was truly a case by
case situation. Mr. Hargreaves concurred and said the City has a policy to
work with every property owner to find out some way to make it feasible. But
if a piece of property is inherently undevelopable because of access issues
or other issues, they didn't have an obligation to make it developable.
Commissione� Tanner noted that Mr. Stendell mer►tioned an exceptions
section. Mr. Stendell clarified that in the existing Hillside Planned Residential
zone there is an exceptions section. He explained that is says that the
standards of the Hillside Planned Residential zone can be modified based
on several criteria as listed on page five of the current Hillside Planned
Residential zone. The standards shall be required unless modified by a
precise plan of design, taking into consideration 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. He said that
would leave the ability to take a lot that may have something like a road that
crosses a ridge that they have identified as being prohibited, if it is
responsibly done and the Commission and Council feel it is acceptable, an
exception could be granted and they have granted some in the past. It is
there if it is needed.
Commissioner Schmidt said it would never be her intent to deny someone
access to their property. She didn't want them to misunderstand that and
was glad they cleared that up a bit.
Chairperson Campbell lo the public hea�ing and asked for Commission
comments.
Commissioner Tanner thought there had been some great discussion on this
hillside exhibit in front of them. He liked the suggested change to the Draft
Resolution Exhibit B under Section 25.15.010 (Purpose) separating the two
sentences as D-1 and D-2 and there was an understanding that there are
exceptions to these provisions. They would go before Architectural Review
and then to Planning Commission. They were trying to learn from what has
been done in the past and they didn't want to create any more of an eyesore
nuisance than what they have right now. He liked what was p�esented by Mr.
Stendell, but it needed a little bit of work. He was in favor of approva( at what
they were looking at with those couple of exceptions.
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Commissioner Limont agreed with Commissioner Tanner. She thought it was
a great start. She thought a couple of things needed adjustment and the
reality is that no matter what they do, they will get challenged at some point.
The nice thing about it is that it's a step in the right direction about being very
clear on what they are looking for and that will save residents, architects, and
a lot of time for staff. She agreed with the approval, subject to a couple of
adjustments as mentioned.
Commissioner Schmidt added that Riverside County is also wrestling with
their hillside ordinances and her feeling is that they are sort of looking this
direction to see what Palm Desert is doing. The County has a larger area to
deal with and worry about. She thought it was interesting to see them
wanting to put some sort of language together that eliminates some of the
intense building that has gone on some beautiful ridge lines in Riverside
County--all over the county. She agreed that as long as they try to find a
definition for negative visual impact, she too would be in favor of what was
before them.
Commissioner Tschopp complimented Mr. Stendell for doing a good job. He
noted that it wasn't easy and there was no way to put into words to bring it
all together to be any clearer than it is now. It was incumbent upon future
Commissions and the Council to make sure the intent is kept, but he felt it
was a good hillside ordinance and he was sad it wasn't in place a little bit
sooner.
Chairperson Campbell was also in favor and said that Mr. Stendell had done
a very good job. The Planning Commission would be reviewing all proposals
as well as Architectural Review; if someone wasn't happy, it would go to
Council anyway. But it was a great beginning and she was in favor of
proceeding with it.
Commissioner Tanner clarified that the intent wasn't to prohibit anyone from
building, the intent is to protect the integrity of Palm Desert. People would
still be coming before the Planning Commission with their proposals. With
proper plans, hopefully it would be accepted. But it would be within the
guidelines being set forth. This would also go to Council with their changes.
They weren't trying to eliminate building, they were just trying to make sure
that it doesn't infringe on anyone's sight lines and helped keep the hills
beautiful.
Commissioner Schmidt asked if the radius map and exhibits were referenced
in the ordinance anywhere. Mr. Stendell said the radius map with the bulls
eye was for demonstration purposes only; the more important map with the
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identified ridges was attached and labeled Hillside Planned Residential Zone
Ridges and it was an exhibit tied to the ordinance. Commissioner Schmidt
said that if someone wanted to see what 4,000 feet would be, they would ask
staff. Mr. Stendell concurred that staff had the ability to provide that
information for each individual parcel. Each application would be different
and an applicant at the time of submittal would provide the 4,000 square foot
radius as prepared by a title company.
There were no other questions and Chairperson Campbell asked for a
motion.
Action:
It was moved by Commissioner Tanner, seconded by Commissioner
Schmidt, approving the findings as presented by staff. Motion carried 5-0.
It was moved by Commissioner Tanner, seconded by Commissioner
Schmidt, adopting Planning Commission Resolution No. 2439
recommending to City Council approval of Case No. ZOA 07-01 with the
changes as identified to D-1 and D-2. Motion carried 5-0.
IX. MISCELLANEOUS
None.
X. COMMITTEE MEETING UPDATES
A. ART IN PUBLIC PLACES
Chairperson Campbell indicated that the next meeting would be
March 21, 2007.
B. LANDSCAPE COMMITTEE
Commissioner Limont reported that the next meeting would be March
21, 2007.
C. PROJECT AREA 4 COMMITTEE
Commissioner Limont reviewed the issues discussed.
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PALM DESERT PLANNING COMMISSION
in favor of this to see the project move forward and give the developer some
flexibility in that direction, although he liked the original project.
Mr. Smith asked for clarification if it was their intention to approve a project
with 20 fewer units or on{y put the height restriction at 42 feet on the
development and if they could come back with a project that has maybe 10
fewer units, then they could live with that within the overall total. Chairperson
Campbell said that was her question earlier. They don't want to eliminate all
of those units, but if they do have a restriction on the height, they could still
come out and have additional units. Commissioner Schmidt said that was
fine with her as long as it was within the same footprints as proposed.
Cornmissioner Tanner agreed that it gave them some flexibility.
With that clarification, Chairperson Campbell called for a vote to that
amended condition. Motion carried 4-1 with Commissioner Limont voting no.
It was moved by Commissioner Tanner, seconded by Commissioner
Schmidt, adopting Planning Commission Resolution No. 2435,
recommending to City Council approval of Case Nos. DA 06-03, PP/CUP 06-
17 and TT 35426, subject to conditions. Motion carried 4-1 with
Commissioner Limont voting no.
�', C. Case No. ZOA 07-01 - CITY OF PALM DESERT, Appltcant
Request for a recommendation to City Council for approval of
an amendment to Chapter 25.15 Hillside Planned Residential
District and Chapter 25.86 Public Hearings.
Mr. Stendell reviewed the staff report and draft resolution. He asked for
questions.
Commissioner Tanner said he was in favor, but his concern was if there are
any current projects that would be negatively affected if this amendment was
approved right now. He asked if there were plans in place that this would
alter from the ridge line. Mr. Stendell replied no. He said there was one
application before them that was eventually withdrawn. He didn't believe this
would directly affect anybody. For previous entitlements in Bighorn, none
would be effected. Most of those homes would have fallen into the section
about house size and pad size and restoring that relationship; 35%. Most he
takes through were 20-25%. He confirmed that they wouldn't have to go
before the Planning Commission, just Architectural Review Commission for
approval of anything over 35% lot coverage.
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PALM DESERT PLANNING C4MMISSION FEBRUARY 20� 2007
Chairperson Campbell noted that if the proposed amendment was approved
this evening, it would go to City Council for approval. If they approved it, she
asked when it would become effective. Mr. Smith indicated it would become
effective after second reading and a 30-day posting.
Regarding grading and percolation, things like that, Commissioner Limont
asked for confirmation that they would still have to get a permit and this
pertains to that as well and people couldn't sneak in through the back door.
Mr. Stendell said absolutely they would still get permits and there were no
back doors here. They were adding to what was already a pretty restrictive
ordinance. The only leeway would be to allow some of the Bighorn homes
that were asking for entitlements for hillside homes in excess of 4,000 square
feet. It allowed them to escape the public hearing process for something they
were entitled to at the beginning, but it didn't allow them any back doors for
grading or percolation.
Commissioner Tschopp thought everyone would agree that the intent is
good. He complimented Mr. Stendell in trying to come up with a definition for
ridge lines. That was his only concem; some of the definitions on some of
the words like "prominent ridges." His understanding of what a prominent
ridge and that of a home owner could be completely different. He thought the
way Mr. Stendell wrote ridge line is basically to the valley floor, and he didn't
know if that was right, but to him valley floor would be Highway 111 or
Highway 74 and he didn't think that was the right definition either. He thought
they might need a geologist to help them out and an attomey to help us
figure out exactly what we're trying to say there. He thought they all had the
same idea in their minds, but the person who wants to build might have a
different definition. He just wanted staff to clean up that terminology a tittle
better. Mr. Stendell said that was also his intent and the City's legal counsel
was currently reviewing it. The first read was it could work with some
finreaking. He knew the word prominent was going to become an issue and
this language could be cleaned up in any way, shape or form. There was still
a fair amount of review in front of them, so staff would definitely take a look
at it and firm it up. He said it could be brought back to the Commission if they
would like to see it firmed up. Commissioner Tschopp thought they were all
in agreement as to the intent.
Commissioner Tschopp also noted that it said that "rooflines are not visible
above existing ridge lines"and asked who that referred to. Most development
they were concerned about would occur on the west side of Highway 74 and
there are people that are going to be looking down on homes and the way
it is written they could use that as a reason to oppose a development
because they would be looking down at the rooftop. He thought they had the
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P LM DESERT PLANNING COMMISSION FEBRUARY 20. 2007
right intent, but didn't think they had the verbiage down right yet. Mr. Stendell
concurred.
Regarding the noticing, Commissioner Tschopp asked if the City pays that
with the fees from the developer or the individual pays the City. Mr. Stendell
explained that the applicant provides the City with an affidavit from a title
company certifying certain standards that we set forth. In this case they now
send us a letter with a 300-foot radius ring and all the labels. They give us
all the labels and then we take care of the mailing costs and publish it in the
newspaper. In this case, it would create quite a few more mailings, but from
what he gathered, there were only 25-30 hillside lots in the western portion
of the city and some he didn't think were developable. So they would come
up occasionally. It would be the developer's obligation to provide them. They
would have to agree on some way of coming up with the analysis of line-of-
sight and it would have to be something between the engineer and staff.
Then if staff feels more comfortable adding an additional amount of noticing,
we can do that.
Commissioner Tschopp said that was his next question. How do they
determine the line-of-sight? Mr. Stendell said that in initial talks when this
was first formulated, they talked about having the engineer of the project
submit a line-of-sight. If they didn't agree with that, staff would add to the list.
Staff has done that in the past. In the case with the grading and percolation,
he added 500-600 feet of noticing just to make sure they got more. They
always have the ability to add, which is a good thing.
Commissioner Schmidt agreed that this was a good first attempt. She asked
if they had any definition of what these hillside ridges are and what we're
concemed about. She asked if there was a way to overlay on a map the area
being discussed. Mr. Stendell said yes. Mr. Smith explained that we're only
impacting the properties that are currently zoned HPR (Hillside Planned
Residential) and that is a defined area on the zoning map. The area in
question most specifically is the area west of the channel with that zoning.
Mr. Stendell said there are also about a dozen lots within the Canyons of
Bighorn that also fall within that zone. So they were talking about the area
west of the storm channel and a few scattered lots within the Canyons of
Bighorn.
Commissioner Schmidt asked what was left around the Hagadone property.
Mr. Stendell indicated that there are three or four more lots on that road, all
of which are lower than the Hagadone property. He thought there was one
higher up the road, but it was on the western side of that street, which falls
on the lower side of the mountain, so they wouldn't have another ridge top
there.
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PALM DESERT PLANNING COMMISSION FEBRUARY 20. 2007
Commissioner Schmidt asked if the Hagadone propefij had been allowed
under "D Exceptions." Mr. Stendell said yes, the entire project was an
exception.
After carefuily reading the proposed resolution, Commissioner Schmidt had
a couple of suggestions. She asked that "D" in the first paragraph of Exhibit
B start with "All." She also wanted to better define the mailing of notices. She
thought it was vague as to who does the mailing and it seemed to refer to"C"
above it. The "not less than 10 nor more than 30 days" seemed boiler plate
in publication. Then when they add "and mailing notices to people whose
names appear" she thought they should really define it as United States mail
to all people whose names appear; pin it down. That would be her
suggestion because this is what gets them in trouble, the vagueness of some
of these definitions. Also, the word "provide" where it states development of
parcels within the Hillside Planned Residential zone shall "provide" notice
should be shall "require" notice to all. She would also add with "D" that all
hillside development sites shall conform to all regulations or requirements of
this chapter.
Further down under the second "D" she recommended starting the second
sentence with the word "Building" to read, "Building pad elevations..."
She asked for clarification for the real purpose of section "E." She also
suggested adding in the word "building" before pads. Mr. Stendell said the
� purpose of "E" relates to what probably started out as 25-30 lots within the
Canyons of Bighorn that were approved under a pre-2004 ordinance and
those homes have been subject to a lengthy review process. One of the
reasons staff was inclined to use the review process is that through the
approval process the City was able to get the energy efficiency standards on
these larger homes; however, since then the citywide Energy Ordinance has
been enacted so now they don't need the discretionary approval to add those
as conditions. So in essence, to hold those larger lots that were approved
previously that were under a certain expectation of a house size, then in
2004 we said they were no longer entitled to that house size, only 4,000
square feet of house, then every one of those homes started coming through
as an exception. Now the energy efficiency standards are in place and kind
of preempted the discussion at Council as to whether we really need to see
each one. He thought the intent, since they were developed and approved
under an older ordinance, had certain expectations. Now with the ordinance
in place they didn't need the lengthy review, so let's allow them to get them
going quicker.
Commissioner Schmidt asked if someone wanted to step outside that prior
approval, if a review would be required. Mr. Stendell said yes and they had
17
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PALM DESERT PLAN[�1ll�G COMMISSION FEBRUARY 20. 2007
a case in the past where a lot with prior approval wanted to increase the pad
size with some extra land they were going to acquire from the golf course
owner and in an instance like that, it would trigger a new exceptions section
through the hillside zone and would require full public hearings.
Commissioner Schmidt asked if that was articulated in this ordinance. Mr.
Stendetl said the pads are existing and approved. Any expansion is therefore
considered an exception. Since the lots were already approved under an old
tract map under an old ordinance, any change thereto would be an
exception. It's implied in his opinion, but he would double check with the
attomeys. Commissioner Schmidt would rather see it cleariy stated rather
than implied. She thought it was the biggest headache and if they could
resolve it without much trouble she thought they should. She said it was a
good start, though.
Chairperson Campbell asked if the Commission felt comfortable approving
the resolution with the changes or if they wanted staff to come back with the
new verbiage. Mr. Smith recommended a continuance to March 20.
Chairperson Campbell en the public hearing and asked if anyone
wished to speak in FAVOR or OPPOSITION. There was no one. The public
hearing was left open and Chairperson Campbell asked for a motion of
continuance.
Action:
It was moved by Commissioner Tschopp, seconded by Commissioner
Schmidt, by minute motion continuing Case No. ZOA 07-01 to March 20,
2007. Motion carried 5-0.
IX. MISCELLANEOUS
A. Discussion of Potential Trip and Attendees
Mr. Smith explained that the Agenda on March 6, 2007 would have a request
for a proposed 782-unit two- and three-story apartment project at the
northwest corner of Portola and Dinah Shore. The developer requested that
staff try to arrange a tour for Planning Commissioners and City Council
members. The proposed trip was tentatively scheduled for Monday and
Tuesday next week, the 26th and 27th. Brown Act issues limit attendance to
two members of each body in any one group. If there were more than two
people from the Commission interested in the trip, then a second one would
be scheduled for Wednesday and Thursday, the 28th and the 1st. He asked
if people wanted to indicate now or check their calenders and let Tony
Bagato know in the next day, then staff could make the arrangements. He
indicated that the developer has four or five projects of a similar nature in
18
RESOLUTION NO. 0�
�uc{e+� �� Zo�
HILLSIDE PLANNED RESIDENTIAL DISTRICT
Sections:
25.15.010 Purpose.
25.15.020 Permitted uses.
25.15.023 Principal uses and structures permitted.
25.15.025 Large family day care homes.
25.15.030 Development standards.
25.15.040 Abandoned uses.
25.15.050 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 P1an�ed 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
co�tours 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� natura{ fandmarks, 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 shali 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)
4
� RESOLUTION NO. 04-43
�
I 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)
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 app{icant 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 �ots 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 pennanen�y 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, or other areas temporarily disturbed by
grading shall be re-�aturalized, 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.
5
r
RESOLUTION NO. �
25.15.040 Abandoned uses.
If. pursuant to this chapter, an existing buiiding and/or building site is to be abandoned�
the abandoned buiiding shall be removed from the site and property disposed of and the
site re-naturalized pursuant to Section 25.15.030 83 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 compiiance with Chapte�24.16 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 p�otection.
ln areas where there will be a fire hazard,in the opinion of the fire agency,the following
shall apply:
A. Clearance of brush or vegetative growth from structures and roadways shall be in
accordance with the uniform fire code and approved by the fire agency.
B. Roof shall be of incombustible material approved by the fire agency.
C. All easements for fire breaks shali 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 shalf be pianted or othervvise protected from the effects of
storm runoff and erosion within thirty days after completion of grading. Planting shalf be
designed to blend with the surrounding terrain and the characterof 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 attomey shall be recorcied 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 (unfess 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 foilowing
information as set out in Sections 25.15.110 through 25.15.130. (Ord. 322 (part), 1983)
6
.
� RES�LUTION NO. 04-43
1
I 25.15.110 Environmental assessment.
All appiications shall comply with the provisions of the Califomia Environmental Quality
Act. (Ord. 322 (part), 1983)
25.15.120 Required information.
The Director of Community Development andlor Planning Commission may require any
of the followi�g information:
A. Accurate topographic maps indicating the following: �
1. Natural topographic features with an overlay of the proposed contours of the
land after completion of the proposed grading.
2. Slope analysis with at least five-foot contour intervals and a slope analysis
showing the following slope categories:
10% - 15% 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 filt operations,
5. Locations and details of existing and proposed drainage pattems, structures
. and retaining walls�
6. Locations of disposa! 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 waterfatls,
9. Locations and sizes of proposed building areas and lot pattems,
10. Any other information required by the Planning Commission;
B. Site plans and architecturat drawings illustrating the folfowing:
1. Architectural characteristics of proposed buildings,
2. Vehicular and pedestrian circulation patterns, including street widths and
grades and other easements of public �ghts-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 infomnation required by the Planning Commission;
C. Reports and surveys with recommendations from fourtdation engineers orgeologists
based upon surface and subsurface exploration stating land capabitities, including soil
types, soil openings, hydrologic groups, slopes, runoff potential, percolation data, soil
depth, erosion potential and natural drainage patterns;
7
RESOLUTION NO. 0 -43
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 andlor sites are not inadvertently destroyed;
E. Additional information to include:
1. Average natural slope of land,
2. Acreage and square footage calculations,
3. Area of impermeable surfaces,
4. Ratio of parking area to total land area,
5. Ratio of open space to total land area,
6. Description of maintenance program for proposed developments involving
joint or common ownership,
7. Any other specific information detennined to be of special interest relevant
to the applicant's proposal. (Ord. 322 (part), 1983)
25.15.130 Optfonal 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)
8
Page 1 of 1
Klassen, Rachelle
From: Bob and Carolyn McAlister[rmcalister@dc rr.com]
Sent: Monday, April 09, 2007 1:56 PM
To: Klassen, Rachelle
Subject: Hillside Ord.
I live at Ironwood CC and support the new restrictions on hillside development and thank you for your efforts. Bob
McAlister
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4/9/2007
Page ] of ]
Klassen, Rachelle
From: Samuel Goldstein [sam.pam@verizon.net]
Sent: Sunday, April 08, 2007 5:09 PM
To: Klassen, Rachelle
Subject: Hillside/Ridgeline Ordinance
Dear Councilperson Klassen,
On April 12th, 2007 please adopt the new Hillside/Ridgeline Development Ordinance. This ordinance
revision is way past due and because of not having a very tough Ridgeline Ordinance in the past,
1100 homeowners of Ironwood County Club, the City of Palm Desert and three or four more master
communities will have visual blight from the Big Horn/Hegadon property lasting forever. Hopefully
this revised ordinance will stop this kind of environmental blight from ever happening again anywhere
in Palm Desert.
Samuel & Pamela Goldstein
Samuel Goldstein
73311 Mariposa Drive
Palm Desert, CA.
or
49 Lagunita Drive
Laguna Beach, CA. 92651
949-497-7411 fax 949-497-8146
Cell - 949-230-4800
email: sam.pam@verizon.net
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Klassen, Rachelle
From: Chuck Henderson [chuckh0791 @comcast.net]
Sent: Sunday, April 08, 2007 4:25 PM
To: Klassen, Rachelle
Subject: Ridgline Ordinance
I am a resident at 48-884 Mariposa Drive, Palm Desert, 92260 I have been following the development of the ridgeline
ordinance.
First I would like to thank both the Council and Staff for the time and effort to work reasonable solutions to this troubling
issue.
Second I support passing the ordinance in the form submitted to council with no changes.
Thank you,
Charles L. Henderson
Henderson Companies
48-884 Mariposa Drive
Palm Desest, CA 92260
Tel� (425)401-0791
Fax: (866)255-0795
Cell: (206) 550-6852
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Page 1 of I
Klassen, Rachelle
From: Meline Pickus [pickline@sbcglobal.net]
Sent: Sunday, April 08, 2007 1:32 PM
To: Klassen, Rachelle
Subject: Proposed amendments to Hillside Ordinance
Dcar City Council
I would personally like to thank you for the proposed amendments to the Hillside Ordinance. This action will
not only benefit those of us who live nearby but the entire community of Palm Desert. By enhancing our
environment and refusing to bow to development pressures I commend the city council for acting on behalf
of the residents of Palm Desert. Thank you for the time and effort you have cxpended in working
on strengthening the ordinance.
Mcline Pickus
48-955 Mariposa Drive
Palm Desert, Ca. 92260
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Klassen, Rachelle
From: GernNagler@aol.com
Sent: Monday, April 09, 2007 8:55 AM
To: Klassen, Rachelle
Subject: Hillside Ordinance
I am a homeowner in Ironwood Country Club. I certainly hope that the new amendments to the Hillside Ordinance is
approved There has been a lot of work done not only by members of Ironwood, but also by the city to hopefully prevent
what has recently taken place with the Hagadon residence. I want to personally thank all of you for support�ng this
change.
R. Gern Nagler
See whaYs free at AOL.com.
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Page 1 of� 1
Klassen, Rachelle
From: RutheK@aol.com
Sent: Monday, April 09, 2007 8:46 AM
To: Klassen, Rachelle
Subject: Hillside Development
Dear Sir:
We very much support the changes to the hiliside development law. We appreciate your work on this matter. We are
strongly against any projects breaking the ridge line. Thank You for your consideration.
Ruthe and David Shatz
73-674 Agave Lane
See whaYs free at AOL.com.
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Page 1 of ]
Klassen, Racheile
From: Gene Grant[ggrant@dc.rr.com]
Sent: Monday, April 09, 2007 9:53 AM
To: Klassen, Rachelle
Subject: Hillside Ordinance Case No ZOA 07-01
Dear Councilmembers;
Thank you for following through on your promise made last year to substantially revise and improve the existing Hiliside
Development Ordinance. It is refreshing to see a political body that lives up to its word.
I was part of a small group who met with you last summer regarding the Haggadone property and appreciated your
candor and straight forward approach on the subject. It seems as though you are approaching the revised Hillside
Ordinance with the same clear and objective thinking. I am certain you are hearing from numbers of people who have self
serving interests lobbying to modify or eliminate the ordinance. That is a bad idea.
I trust you will stay the course with the same resolve you have displayed in the past. We appreciate your efforts a great
deal. Thank you.
Gene Grant
Gene H. Grant
Principal, Insight Edge
73126 Mirasol Court
Palm Desert, CA 92260
760-341-9854
cell 760-567-1555
email� ggrant@dc.rr.com
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Page 1 of� 1
Klassen, Rachelle
From: PAUL A MUELLER JR [pauljane65@verizon.net]
Sent: Monday, April 09, 2007 10:26 AM
To: Klassen, Rachelle
Subject: Proposed Amendments to Hillside Planned Residentiai District Ordinance
Dear Council Members:
My wife and 1 write to let you know that we strongly support the proposed amendments to Chapter 25.15. The
additions to Section 25.15.030 are well thought out. We particularly are in favor of the addition of Paragraph F'
which will provide if the amendments are approved that development on or across ridges "is prohibited".
We want to express our appreciation for your concern and efforts to strengthen the Hillside Planned Residential
District Ordinance.
Very truly yours,
Jane and Paul Mueller
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To: Mayor Richard Kelley and the Palm Desert City Council. � �,��=�,
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From: Richard Fromme Valley resident since 1965 = -'��
48-625 Paisano Rd. w �'"
Palm Desert, Ca. 92260 J '~�
Subject: ZOA Case No. 07-Ol-City of Palm Desert, ApplicanU April 12 2007 public
hearing.
Political: l believe that these proposed restriction being placed on the property owners of
the Palm Desert Cahuilla Hills properties are nothing but a response to the uproar from
the Hagadone project in T'he Canyons at Big Horn. It seems very unfair for these
property owners to be restricted for this reason. The responsibility for the Hagadone
project belongs to the City that issued the permit to build the house, not the rest of the
property owners who happen to have property on hillsides. These properties should
retain the beautiful views of the valley and mountains. The owners should be allowed to
build so they can retain the view.
Property Values: The restrictions being placed on the hillside properties by Palm Desert
will have a significant affect on their value. A property on Upper Way West was listed
for�1,295,000.00 on a 4/28/06 according to the CMA report, a copy of which is included
with this letter. lt sold for$276,500.00 in December of 2006. The assessed value of the
property was �882,300.00 at that time. I understand the reason for the low price was
restrictions placed on the property by the seller to insure his privacy. These restrictions
are similar to the ones proposed by this ordinance. Cahuilla Hills property owners should
be paid for this decrease in value and the owners of ridgeline lots that are not buildable
should be paid the entire value of the property. I understand the city is purchasing
property in the hilis and it seems to me that this ordinance would be a good way to
purchase the property that the city wants at a devalued price. 1 hope this is not the case.
The Planning Commission attorney at the hearin�on March 20 said that the city would
be obligated to purchase any property the city rendered not buildable.
Notification: Notifying everyone within 4000 Feet by mail is expensive and unnecessary.
ff�his is the new criterion, then it should be the same for everyone, even the properties in
the flat parcels. It was much prettier for Cahuilla Hills residents when we could see the
wildflowers instead of houses. Shouldn't we be allowed the same courtesy to be notified
when someone wants to build within 4000 feet of our properties? Would publishing the
project in the newspaper, as the city does, be better? This new regulation is a divisive
Action for the City to take as it pits one�,noup of citizens against another. Ail of the
residential properties should have to abide by the same rules.
City Council: I think that there are some conflicts on the city council concerning the
hillside plans. Voting on this should not be allowed for those council people involved.
Homestead Act: The Federal Government arranged for the hills to be homesteaded so
people would build and settle on that property. I realize that now the Federal
Government defers to the local government to administer development, and rightfully so,
but don't you feel the original intent of the act should be considered? Most of the
property owners purchased in the Cahuilla Hills so they could have a view. I understand
that building on the ridgelines would not be good, but the ridgelines are already
protected. These restrictions are being put on the foothill portion and not the ridgeline of
the mountains. The Cities rid�eline map considers ridgelines to be extended all of the
way down to the flat areas. This kind of changes the definition of a ridge to anything that
can be seen from the valley tloor.
[ can see the Hagadone house from my house and 1 feel that he should be able to build,
within the rules, whatever he desires on his property. I also don't understand why
residents of the Big Horn Country Clubs can build large houses that can be seen from
below, but the Cahuilla Hills residents cannot. I believe they also should be able to build
whatever they want, within the rules, but those same ru�es should apply to al] of the
hillside properties. Most of the structures on the hillsides were there when the
developments on the flat were built. Those people did not have to build there if they did
not like to look at their surroundings.
Questions: What do you consider an abandoned building and how many years can it
remain under construction and not occupied?
How does this plan serve the"public health and safety"?
When will there be a reductio in property tax to reflect these devaluations?
Res�tf lly,
/ L_
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Richard H. Fromme
A Report(216) Page 1 of 2
CMA Report
Listlnys as of 04l28/06 at 4:30pm Page 1
RESIDENTIAL
/�41NE Proo�rtt�s
Addnss Cky Ma� 8d Bth 8c�Ft_lot8z Y�_a�WA' aa �fSqF1CDOMOri9 PncsList Price
!T4 er Palm DesertPape#931,G 22.50 2000220849af 1980GPS 01/03/08 647.50 113 1 295 0001,295 00
48725 Ve enia Rd Palm DeseRPape#818,D 3 2 2317 2.500ac 1990G 02/22/O6 561.07 1.3 .000 , ,000
71450 Painted CanYonPalm DeaertPape#848,8 4 4 5000 87558sf 1950GPS 11/23105 580.00 156 3.900.0002.900.000
Listlnp Courn 3 Av�rap�s 3106 598.19 111 2.165,0001,831,887
Nlph 2.900.000 Low 1.295.000 M�dl�n 1.300.000
$OLD Prop�rtbs
Addnss Cihr Map Bd Bth SaFt LotBz Y�ar WA• DaE� t18cFtCDOMOM�Pr1a�Ust P�ia3al�Pr1aSP
71825 ChoHa Way Palm DeseRPaps�848,B 2 0 1071103872af 1983G 01/24/03 275.44 20 309,000 309.000 295 000 £
71-750 Cholla WayPalm DesertPape�848,B 32.50 1960 1.110ac 1981 GP 03I05/04 227.04 172 489,000 449,500 ���� f
71395 Oasis Trail Pakn DeaertPape N 848.B 4 4 3300 1sf 2001 GPS 0.9I29/02 187.88 379 675,000 675,000 620,000 �
48725 Verbena Rd Palm DesertPape�848,B 3 ' 2 2317 72309sf 1990G 02/17/06 289.75 14 649,500 649,500 625,000 £
71440 Oasia T�1 Patm DesertPaye*848,B 11.50 2970 87120af 2001 G 12/23/04 287.88 349 825,000 795,000 795,000 7C
71550 Quafl TA Palm DeaertPspe#�848,B 4 4 3200108900af 1983GPS 1QI13/04 281.25 277 975.000 925,000 900,000 £
71900 Jepuar Way Palm DesertPage#848,C 32.50 4421 1.200ac 1985GPS 04l20l06 245.85 427 1,250,0001.195,000 1;086;D00 £
71450 Choqa Palm DeasrtPape�848,G 332b 4288217900sf 1993G 02/08�04 303.<2 422 1.470.0001.350.000 1.295.000 S
71295 Mesa Tr1 Palm DesertPape�k 848,A 44.50 4389217800st 2000(3PS OSH2/Ob 583.88 448 2,950,0002,980,000 2,550,000 Q
L1sUnp Count 9 Awrap�s 3097 293.83 278 1.085,8331,033,111 956,778 E
Hlgh 2,550,000 Low 295.000 MMdian 795.000
Addnss CItY Maa BdBth SqFt Lotaz Yqr WA' Dab tfSqFtCDOMOris�PriqLtst PMca
T1550�uaN Td Pelm DesenPape it 848.B 4 4 340010890p�f 2005GPS 04/06108 489.12 135 1.695.0001.595.000
Listlna Count 1 Av�rap�s 3400 489.12 135 1,895,0001,595,000
Hfph 1,595.000 Low 1.595,000 M�dlan 1.595.000
Preaented By:Kelth MaAoovRz/CoMwrll Banksr Res Broko�ps PI►ono:310-777-8200
Featurod propsrties mey not be Ilsted by the oAloe/aperrt prosent4p this brochuro. t►+�*-0t
All informatbn herein has not been v�ifled and Is not t�uaranteed.
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Page 1 of 1
Klassen, Rachelle
From: NLHaase@aol.com
Sent: Tuesday, April 10, 2007 3:15 PM
To: Klassen, Rachelle
Subject: (no subject)
City Council -- I am a homeowner in Ironwood Country Club. As it relates to the Hagadone property and proposed
amendments to the Palm Desert hillside ordninance, I want to express my support for changes This has been a
nightmare for homeowners and is due to a large extent to the lack of attention by the Palm Desert City Council. Now that
the Hagaone property is nearly complete (or may be complete), when the house has the lights on, the pro�ect looms like a
space ship I cannot express my extreme displeasure in strong enough words.
I appreciate any and all efforts by the City Council to strengthen the hillside ordinance. The Hagadone atrociry must never
be repeated. I'm sure that many, many hours of work have gone into the effort to assure that no further development or or
near the prominent ridges ever happens again. Thank you for all of everyone's efforts in this regard.
Nancy L. Haase
73-203 Ribbonwood Court
Palm Desert, CA 92260
See whaYs free at AOL com.
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Klassen, Rachelle
From: Beverlee Human [bevhuman@cox.net]
Sent: Tuesday, April 10, 2007 6:56 PM
To: Klassen, Rachelle
Subject: Hillside Ordinance
�Jc're grateful to the City Council for being respons�ve to ;.he
concerns expressed by Iror�wood �ountry Club homeowners and other Palm
Desert residents about the obtrusive private residential development
taking place on Palm Desert 's ridgelines. As you know, many living
south of Highway 111 have been very distressed and frustrated to see
our beautiful wild ridqes permanently scarred in this sad way. We
stronqly support p�ssaqe of the Hillside Ordinance and urge ics
stricL �nforCement .
Lee �:. Human M. C.
devcr 1 ec� Hu�n�n
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Klassen, Rachelle
From: Davidson, Janet T. [janetdavidson@paulhastings com]
Sent: Wednesday, April 11, 2007 12 40 PM
To: Klassen, Rachelle
Subject: April 12 vote on Hillside Ordinance Amendments
Please accept the attached letter in support of the above referenced amendments.
. ... . .. ... ...�.........,.,.. «. �.. ..+.....t.,....��.�.... .
'RS Circ�lar 230 Disclosure: As reyuired by ll.S.
Trcasury Rc�gulations governing tax practice, you are
hereby advised that any written tax advice contained
herein was not written or intencied to bP used (and ca�not
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4/12/2007
JANET DAVIDSON PLAT
73-724 Jasmine
Palm Desert, California 92660
Apri l 1 1, 2007
Palm Desert City Council
Palm Desert, CA 92660
Dear Members of the City Council:
I am a resident of Palm Desert, living in the Ironwood Country Club community. I am writing to
express my enthusiastic support of the proposed amendments to the Hillside Ordinance which
will be considered at your meeting tomorrow.
Like many others, I was very concerned when I first noticed the construction above our property
as it appeared to be breaking the ridgeline. Our mountains are such an important part of the
beauty of our city and we need to assure that they are protected from development, specifically at
the ridgeline. I am very appreciative of your efforts to work toward that end.
Sincerely,
Janet Davidson Plat
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