HomeMy WebLinkAboutOrd 1211 - ZOA 10-41 - Rock Outcroppings ��,���'�?a� �z�:��
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CITY OF PALM DE E ����:������'-.��� `� — l3. �OC(�
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DEPARTMENT OF COMMUNITY EVELOPMENT
CITY COUNCIL STAFF REPORT
REQUEST: Consideration for approval of an amendment to the Hillside Planned
Residential (HPR) Zone relating to definitions/development of "rock
outcroppings."
SUBMITTED BY: Ryan Stendell, Senior Management Analyst
APPLICANT: City of Palm Desert
CASE NO: ZOA 10-41
DATE: April 8, 2010
CONTENTS: Draft Ordinance No. t211
Copy of Legal Notice
Draft Planning Commission Minutes Dated March 16, 2010
Recommendation
Waive further reading and pass Ordinance No. 1211 to second
reading, approving amendments to the Hillside Planned Residential (HPR)
Zone relating to definitions/development of"rock outcroppings."
Executive Summary
Approval of staff's recommendation would codify a definition of "rock outcropping" and
prohibit development on or across any "rock outcropping" within the HPR zone.
Planninq Commission Recommendation
At its regular meeting of March 16, 2010, the Planning Commission reviewed the
proposed modification to the HPR zone relating to rock outcroppings. The Planning
Commission also reviewed a proposal from staff to correct known inconsistencies found
on the approved HPR Ridgeline Map. The Planning Commission supported the addition
of the outcropping language to the ordinance, but expressed concerns over staff's
proposal to modify the Ridgeline Map. Commissioners expressed concerns that the
map was not created by a registered engineer/surveyor and asked staff if it would be
possible to invalve one in the process. Staff indicated that this would most likely require
funding which would need to be appropriated and approved by the City Council. The
City Attorney gave direction to the Commission that they could approve the modification
to the zone relative to outcroppings and recommend to the City Council that funding for
a registered engineer/surveyor be utilized in any revision to the Ridgeline Map.
Staff Report
ZOA 10-41
Aprii 8, 2010
Page 2 of 4
The Planning Commission adopted the resolution of approval for the outcroppings
language by a 3-2 vote (Commissioners Campbell and DeLuna voting no).
Commissioner Campbell stated that the proposed revisions are too restrictive on
property owners within the HPR Zone. Commissioner DeLuna later stated that she had
forgotten to discuss additional language that she felt would help bolster the ordinance.
The City Attorney indicated to Commissioner DeLuna that the vote had passed and
could not be reconsidered, but that she could draft a letter to the City Council
addressing her concerns.
Secondarily, the Planning Commission authorized the Chairperson to convey to the City
Council a request to retain a registered engineer/land surveyor to identify ridgelines
within the HPR Zone by a 5-0 vote.
Backqround
At its January 19, 2010, meeting the Planning Commission directed staff to prepare a
zoning ordinance amendment to the HPR zone that would further define outcroppings.
Commissioners expressed an interest in treating outcroppings the same as ridgelines,
and gave several examples of cities that have outcroppings defined in their ordinances.
The current HPR zone purpose section (PDMC 25.15.010) speaks to not disturbing
natural landmarks or features, and working with natural contours of the land. Although
staff interprets and uses this language to mean outcroppings or any other significant
rock formations, there is no current definition of a rock outcropping or specific reference
to it within the HPR zone development standards.
Discussion
Staff has reviewed many examples of how cities have incorporated language that
further defines outcroppings above and beyond what the current Palm Desert ordinance
defines. Staff and the City Attorney discussed this issue and found a few minor
modifications to the current ordinance that would accomplish the Planning
Commission's goals.
Proposed Amendments
Definitions, PDMC 25.15.015 (to be added):
Rock Outcropping: A rock outcropping is a rock formation that is a part of an underlying
layer of rock that projects above the surface of the surrounding ground.
Deve/opment Standards, PDMC 25.15.030 F.�
Development on or across ridges or rock outcroppings is prohibited.
G:�PlanningUty:u�Scendell\Word Data�ZOA-10-41_CC-RPC.DOC
Staff Report
ZOA 10-41
April 8, 2010
Page 3 of 4
Conclusion
It is staff's belief that the proposed changes further strengthen the language found in the
HPR zone relating to "rock outcroppings." Staff recommends that the City Council
approve the revisions to the HPR Zone relating to rock outcroppings.
Environmental Review
The project as proposed complies 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 subject
property was previously studied during the Hillside Planned Residential zone update dated
April 12, 2007, resulting in the filing of a Negative Declaration of Environmental Impact.
The proposed amendment is within the scope of the previously filed Negative Declaration,
and will not have an adverse affect on the environment. No further documentation is
required.
Fiscal Analvsis
Since staff has interpreted the existing HPR Zone language to include rock outcroppings,
the addition of the definition would not create any increase in staff review on a typical
hillside home.
Staff has investigated the request of the Planning Commission to involve a licensed
engineer/surveyor in recreating the ridgeline map. Following are options that staff could
utilize in recreating the map:
Hire an Outside Consultant: Staff has contacted a local engineer/land surveyor that is
familiar with the hillside area of the City to inquire about potential costs of a project of this
magnitude. While this process could be the most accurate of all the proposed alternatives,
it would be the most costly. At the time of drafting this report, staff had not received an
estimate from the engineer. Staff will report orally on the findings during the City Council
Meeting.
Utilize City Staff with Outside Consultant.-The City has on staff a registered Land Surveyor
(Mr. Page Garner) capable of mapping ridgelines to an accuracy of +/- six inches, along
with a GIS department that has equipment capable of mapping accuracy of +/- two and a
half feet. Mr. Garner has indicated the preferred approach would be to utilize an outside
consultant for gathering monuments and parcel boundaries and staff could identify and
map all ridgelines utilizing the supplied data. This process would cost the City less in a
contract to an outside consultant, however it would consume time from employees at City
Hall. Staff believes that this approach would be the most cost effective approach, but
could take upwards of 120 days to complete.
G:�PlunningUtyan StendellAWord Dnta�ZOA-10-4I_CGRPT.DOC
Staff Report
ZOA 10-41
April 8, 2010
Page 4 of 4
Utilize Existing Map, No Changes: Since its adoption, staff has used the Ridgeline Map as
a tool in working with property owners within the hillside. When a property owner
approaches staff with what they believe to be an inconsistency on the ridgeline map, staff
will investigate and correspond back with the property owner as to the findings. In most
cases staff has found that the map is accurate, but has found occasional errors that cause
staff to support a property owner's request for a revision to the map. In those cases staff
has required the applicant to additionally apply for a zoning ordinance amendment as a
part of the submittal to change the ridgeline map. Because all HPR Zone applications are
required to be reviewed by the City Council, this does not create an additional time
constraints to the project. Continuing this approach would not cost the City any additional
staff time or outside consultant fees.
Submitte y: Department Head:
Ryan Stendell auri Aylaian
Senior Management Analyst Director of Community Development
Ap�rbve�By:
, �ti--'�'���-�-
Jo�r M. Wohlmuth
City Manager
r
�.
C:�PlanningUtyan Stendell\Word Data�Z,OA-10-41_CGRPT.DOC
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 10-41
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Paim Desert City
Council to consider an amendment to the Zoning Ordinance chapter 25.15 (Hillside Planned
Residential Zone) relating to definitions and development of "rock outcroppings."
SAID public hearing will be held on Thursday, April 8th, 2010, at 4:00 p.m. in the Council
Chamber at the Palm Desert Civic Center,73-510 Fred Waring Drive,Palm Desert,California,at
which time and place all interested persons are invited to attend and be heard. Written
comments concerning all items covered by this public hearing notice shall be accepted up to the
date of the hearing. Information concerning the proposed project and/or negative declaration is
available for review in the Department of Community Development at the above address
between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the
proposed actions in court,you may be limited to raising only those issues you or someone else
raised at the public hearing described in this notice,or in written correspondence delivered to the
City Council at, or prior to, the public hearing.
PUBLISH: Desert Sun RACHELLE KLASSEN, City Clerk
March 26, 2010 City of Palm Desert, California
ORDINANCE NO. 1211
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING SECTION 25.105.015 AND
25.15.030 OF THE CODE OF THE CITY OF PALM DESERT,
CALIFORNIA
THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
That Section 25.105.015 be and the same is hereby amended to read as
follows:
"25.15.015 Definitions.
Hillside Ridge. A ridgeline that is formed by the juncture of two or more sloping
planes that project outward from a mountain range and descend towards the valley floor
more particularly identified on the exhibit labeled Hillside Planned Residential Zone
Ridges, on file in the office of the City Clerk. (Ord. 1136 Exhibit B, 2007)
Rock Outcropping. A rock outcropping is a rock formation that is a part of an
underlying layer of rock, that projects above the surface of the surrounding ground."
SECTION 2.
That Section 25.15.030 F. be and the same is hereby amended to read as
follows:
"F. Development on or across ridges or rock outcroppings is prohibited."
R M B U S/D E RW I N/313346.1
ORDINANCE NO. 1211
SECTION 3. PUBLICATION
The City Clerk of the City of Palm Desert, California, is hereby directed to publish
this ordinance in The Desert Sun, a newspaper of general circulation, published and
circulated in the City of Palm Desert, California, and shall be in full force and effec thirty
(30) days after its adoption.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held this day of , 2010,
by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CINDY FINERTY, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
RMBUS/DERWIN/313346.1 2
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PALM DESERT PLANNING COMMISSION MARCH 16. 2010
them that she is an honest person and she doesn't perform that
kind of service for anybody.
Chair Limont thanked him. She asked if anyone else would like to speak
in FAVOR of or in OPPOSITION to the proposed revocation. There was
no one. The public hearing was closed and Chair Limont asked for
Commission comments.
�.
��7
Commissioner DeLuna noted that there w��,��two-year summary of
activities list from the Police Department, ����esulted in an arrest for
prostitution. On two other occasions th�����ier� �licitations for sex; on
two different occasions there were daily���Sgs thaf v�'`�r� not brought up to
speed. So there had been five differ�nt violations. S��l��aid that it was a
hard decision to make, but she woufd move for revocati���the CUP.
��,,
ka
Actiorr: �
It was moved by Commissioner L�eLun�,- seconded by Commissioner
Campbell, approving tl�e findings and recommendation as presented by
staff to revoke CUP �'��� �llotion carrf�Cl 5-0.
�� ,a�� r
It was moved by Corr�tssiort��"��una, s�conded by Commissioner
Campbell, ad�pting Plan�, Co� �� Re�olution No. 2522, revoking
�,.
CUP 08-1Q�. Mt�f��n carriec��-Q��� � y;°�-
-�, ,
9
� ;: '. �
C. Case No. ZQA 10-41 — ��Y OF PALM DESERT, Applicant
„��
� �� Request for approvai> of�a recommendation to the City
� � `�
� � ` � � �ouncil o� an amendment to the Hillside Planned Residential
` ����� ���� ) zone relating to definitions / development of "rock
�`� o���,�, pings,°' and amendments to the HPR Zone Approved
�
\\\�\� Ridge�ie Map.
,�
�
���� Manag���nt Analyst Ryan Stendell reviewed the staff report and
r���s, men�� that the Planning Commission approve the resolution
��o ``�..��
rec�� , ���ng approval of the Zoning Ordinance Amendment to the City
Counci��
Commissioner DeLuna noted that a map was provided with some
proposed changes, some of which no longer include certain areas from
the ridgeline or outcropping definition. She asked who prepared that map
and if there was a study, engineers hired, or if it was done by City staff.
Mr. Stendell said that he and the GIS Department made the determination.
It was mostly visual. He simply scouted the area and used topography
data that they have available to the City. He could run through a few of his
6
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PALM DESERT PLANNING COMMISSION MARCH 16. 2010
tools. He showed the topography map and a hill shade file; he explained
that the GIS Department prepares this and this was created using
topography data and using a monochrome computer generation to
actually create contours and shows us in plan view what is going on in the
hillsides. So utilizing all of the data that is available to staff, it was
prepared by staff. For the record, Commissioner DeLuna requested that
Mr. Stendell identify the term GIS. Mr. Stendell clarified that it stands for
Geographic Information Systems, the map guys ,�
H,,,
On these rock outcroppings, with all the d�+���,rs they have had on the
hillsides and also individual land owner�,�m�r'���oner Campbell asked
how many of them have really touck�ec������ese otr�;�ppings. Didn't they
kind of stay away from them and I�au�' them as th� �e or restore it to
their own original condition? Mr. Stendell said his pe��al experience
with the hillside has been any nt�mber of developers ap�r��h thmgs in
different ways, but his experien�e� have ge�erally been tFt���they work
with the contour of the land and typically tr}�"and avoid them. In his most
recent case, not only was it a cost sa�ings to them since taking down an
outcropping costs a i�� a� �oney, but it �tso adds beauty to their project.
1,��
Typically speaking, a C��;v������tries to wc���C with the contours and not
disturb as much as pc��ible, � �hat ha� been his dealings so far.
Commissioner Campbelt �ked �'�=;;h� �t�ld �ay 75% or 80% are not
touched b�;��;;c�evelope�"��y, [��Stenc����said he was uncomfortable
actuall�'�ng to�fi��`�w out �����nber. In his most recent case, they had a
numk����f 80% to �✓o that w�t��not being touched.
��;, ,;,� t�>.
,�
Commis����er 1"�,����` ���,qu��ion. When they were talking about the
�roppir�� �r�d disturk�������an outcropping, before any kind of
,.
� � ��� they will come to staff and say they have identified
,,%�,�� drs�a��nce ��rs' .
/ this as��c� outcr���ing and can they reestablish it someplace else on the
property ��t� if no�, �ey would work around it. Was that the sequence of
��
events� Mr:;��tendell�=��aid yes, staff is the first line. They encourage pre-
` ',�pplication i�i�.etings. If a property owner came to them and said they
�"=��f�ye this fiv� �cres and was thinking about putting a house there, the first
,,,,,,
fFr���.staff C��s most of the time is they want to get a field study, so they
get �t����e site and take a look. They get a look of their maps and plans
and t"���staff will approach them and say it is on top of an outcropping or
on a ridge, so ultimately staff is the first line. Commissioner Tanner said if
it is identified as an outcropping and can't be moved, then they will have to
redo. Mr. Stendell said that many times there are applications that come
before staff that Planning Commission would never see because if a
property owner was proposing something like that, they would get an
answer that staff would recommend denial of their project, and at that
point they would either redesign or proceed with staff's recommendation.
Commissioner Tanner asked if this would be consistent with the whole
7
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PALM DESERT PLANNING COMMISSION MARCH 16, 2010
ridgeline or five-acre mountainous parcels. They see a small area right
now that Mr. Stendell has identified with some areas that should be
ridgelines. He asked if that would be consistent with the entire area for
potential builders. Mr. Stendell also recalled that they've had a lot of
lengthy discussions regarding where it is difficult to define ridgelines
versus outcroppings, especially as they get low on the hillsides close to
the valley floor. He said that is the area that probably has the biggest
challenge to staff, the lowest area right at the base. They do have other
areas that are low, but generally speaking, the- part that is city-owned
property or were very steep coming down. H� showed one of the lowest,
easiest slope areas that staff had been the rnost co�cerned about.
�:
Commissioner Campbell asked if 11��� �endell was jusi dealing with city-
owned hillside property. He didn'�.�i��ie anything to say a�ctut the county-
owned land. There was notY��t� �ie could �ay about that; he was just
talking about the small area th����e city �u��. Mr. Stendell s�id that the
County sometimes allowed the �+� �o � ����� comments on projects, but
the City has no jurisdiction over that�������ust the land in the city.
;��,,
!��h,.
Commissioner Schmid� aske� what pei�`���tage on the map that Mr.
Stendell provided in their packets is ridgelm���ue in the city. Is it most of
it or just a ���ion? Mr. St�ndell s��ct r�'�ost o���. Commissioner Schmidt
asked sin� �t�"���y matter, if it i�difficult t�define them? The others are
more c��us? Mi�� �tendel( ex{�lained that they are brought to staff on a
,y, ;�
cas�-���case basi� J�Looking �t� the hillside map, this was the area that
they'��een con���ied with the�most. To say that they wouldn't ever find
any mo����yGen���ll� ����ing, he couldn't find any other problem areas
��;t�e hil��i� r��p.
, �
, �
f
�
� Comri�t���ner��`���nidt was very much in favor of adding language about
rock outcr��ings;���K���=she had a deep concern about them approving staff
� �:;:„ guesswork,,-�`��od gt�sswork, but this had not been engineered. She
�� ' �:asked if tha� ��s correct. Mr. Stendell concurred. Commissioner Schmidt
-��ught that��rhaps this was a standalone issue and shouldn't be tagged
i���`�;�he q��,�pping issue. She didn't know quite how to come to that, but
rea(I�;��,,; '�h the City would take this particular problem area, and maybe
that wc�� be the recommendation to Council, to approve a survey, a real
bona fide survey of those questionable areas so they don't encounter what
they did with Stone Eagle. Because the very first problem they
encountered was about ridgelines and that was nice, except it didn't
address the real transgression on the property, which was one home or
six. So she wanted to mention it as a concern. She wanted the
outcroppings to appear, but she didn't like setting staff up even though
they've taken great pains to draw the lines, and she would love to have
some authority who has the background and licensing to do it to bless it
8
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PALM DESERT PLANNING COMMISSION MARCH 16, 2010
and say this is right, this is wrong. We need to do more work and she
didn't know how best to get to that.
Commissioner Campbell recommended that they actually separate the
two. Commissioner Schmidt asked if that would be two separate
resolutions. Commissioner Campbell concurred, for the ridge and for the
outcroppings. So they could go ahead and see how much time they would
need. Chairperson Limont asked if it would be ��f�ht to simply add the
verbal changes to the hillside ordinance with�t��;'��e map. Mr. Erwin said
certainly; so far as the outcroppings were �� �; ,�ned, they are entitled to
recommend the changes to the ordinan��.�an���ding the outcroppings
and the prohibition on the outcroppinc�s �id exclu+�� from that the map
and dealing with the map separately if they wished to c���o.
��:�
Commissioner Schmidt askec! if �mending the resolution �i��ld require it
coming back to them again. Mr. Erwin said no. Commissica��r Schmidt
indicated they would be dropping th�par� �i��the resolution that deals with
the map, which she b���eved was �xhibit�����. Mr. Erwin said they still have
the public hearing. IVI� ����lell said they�v�rould be deleting number three
relating to Exhibit B an��� r����nce in th���tle to the ridgeline map.
�,� ��� ���� �e
Commissioner Schmidt ��ugh� ry����;y��re �II heading in the same
�" r���
direction. She just didn't ��jt ��m to ���� and have it come back to
haunt th��: Tha� w�s her rr� ��objective. She asked Mr. Erwin to explain
how ttt� could do�tt�is. Mr. ���� said that basically they would eliminate
that p�c� of the resolution de�;�g with the map. In other words, not
recommending it and deleting th�`�lillside Planned Residential Zone as it
� �l�t�s to the;map.
������` �� � � ,
�,�,. O�
� ����� Comrrl�ner Sct�midt said she would so move. Chair Limont asked if
����°��
,� that was 'i� motic�i�: Mr. Erwin indicated that they needed to open the
�\�, public hear�
�`� � ��
�\ �
���air Limor���'� ened the public hearing and asked if anyone wished to
��� � in ���� R of or in OPPOSITION to the public hearing. There was
��� ���.
no r��� ��and Chair Limont closed the public hearing.
��'
Mr. Erwin explained that the resolution would be amended by deleting off
of the title and amendments to the approved HPR zone ridgeline map. The
case number would stay the same. And deleting number three at the
bottom of the page, and deleting the map that is attached. Commissioner
Campbell asked if they would then have another resolution for the
outcroppings. Was that correct? Mr. Erwin said this would be the
resolution for the outcroppings. Commissioner Schmidt reiterated that
what they were doing was separating them. Mr. Erwin said that's what
9
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PALM DESERT PLANNING COMMISSION MARCH 16. 2010
they would be approving, the resolution which defines outcroppings and
indicates that destruction of the outcropping is prohibited. What he stated
deletes from that resolution any reference to the ridgeline map. Chair
Limont asked if there was a motion.
Action:
It was moved by Commissioner Schmidt, seconded by Commissioner
a'�
Tanner, approving the findings. The motion c����d 4-1 (Commissioner
Campbell voted no). �,i
�
's�.
`�y� �� .
Mr. Erwin stated that the other item that �r��m��€�ned was the potential
survey. He asked if they would want ta co�i"vey to �1����youncil a suggestion
with regard to the ridgeline map. If they wished to c�� #aat, it would be a
matter of inerely the Chairman of th�`Commission, if tF����''�yas the wish of
the Commission, conveyinc� that information to the���� ��$y Council.
Chairperson Limont asked if the� �hould d�► fi�at as a Misce��ieous item
or as part of this. Mr. Erwin s�.id this. �asically that has been the
discussion so far. He suggested ` a rr�otion and second and a vote
requesting the Chairpersor�to convey thaf information to the Council.
It was moved by Comrt'tissior�er, Tanner, s€�onded by Commissioner
Schmidt, by yt�il�ute motior�� authorizing Ghair��rson Limont to convey to
the City , �;��� ���_equest for� �t��niey by��`�a li�ensed professional engineer
to iden�l��dgeliri���n the HPR zoned area.
. �
Comr� ioner S����dt stated t�iat she did not want to discount the work
that M�° �nd�°��r�t�"�`�� have done on this and encouraged them to
, ,,, ��� that �€�;� '° arting p�rr��:; ;�1�: Erwin said that could be included in the
%,,��'c�����,nce ���irperson Limont called for the vote. The motion carried 5-
% i���i� �
�j/' �. �' oo�
i% ��%;.
� _= d
�`�%,, (**See adc����al dis��ssion on pages 18-19, items 1 and 3**)
�%,, ;
i
' �,�'%
,,,
C`�� ', Ca����o. ZOA 10-69 — CITY OF PALM DESERT, Applicant
/%ii
,/�i, � /
� ,/�/
��quest for a recommendation to the City Council to
approve a Zoning Ordinance Amendment adding Chapter
25.130, Location of Miscellaneous Uses, to the Palm Desert
Municipal Code.
Assistant Planner Kevin Swartz reviewed the staff report. He noted a
change on Page 4 of the resolution under E, Miscellaneous Uses, where it
listed thrift stores. The words "thrift stores" should be replaced with
"independent massage establishments." Staff recommended that the
10
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PALM DESERT PLANNING COMMISSION MARCH 16, 2010
25.130, Location of Miscellaneous Uses, to the Palm Desert Municipal
Code, as amended by changing the words "thrift stores" to "independent
massage establishments" in E of Section 25.130.020 Definitions and
adding the words "excluding cigarettes" to G of Section 25.130.020.
Motion carried 3-2 (Commissioners Campbell and Tanner voted no).
IX. MISCELLANEOUS
None.
X. COMMITTEE MEETING UPDATES "
A. ART IN PUBLIC PLACES ,<: �``'�
�,:��(
Commissioner Campbel� ��orted tha� the next mee�ing would be
March 17.
��
��� ;.
",e
,_ -. �'
�. :J�;y,.
B. LANDSCAPE GOMMITTEE �� ��
`�.�
� �>��
Chairperson Lime►nt a(s� reported't��� the next meeting would be
March 17. � d�
���a
C. PA��!"� $c�ECREATIO[� :=
�,�` ���
� ��: �
�;��mmission�� Tanner ���ted that they had a presentation by the
��<��� Attorrr���regarding the Brown Act and reviewed upcoming
e��t�ts a�td;;d�scu�sro�items
Kk a
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�„ °'�� `�ROJ��T AREA 4 COMMITTEE
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,,,, C��issiort�� Schmidt said they met last Monday and primarily it
was�u�iating ��id the City Attorney spoke about the Brown Act and
�� � � the n��i for everyone to adhere to it. The next meeting would be in
�y
%�, a mont�
, ,
,,,
,;,,,,.
������ ,�
X I. CO M�i��TS
�. 1. Commissioner DeLuna said she apparently missed something
when they were discussing the definition of rock outcroppings and
that part of the motion that got bifurcated. She had something that
she wanted to include in the definition and missed the opportunity
because she didn't realize what the process that was occurring
would exclude any further discussion on the section of the rock
outcropping. She didn't know the proper forum to address that. Mr.
18
MINUTES
PALM DESERT PLANNING COMMISSION MARCH 16. 2010
Erwin said unfortunately, the public hearing on that issue was
closed here and an action had been taken. If there was something
that she wished to add, he suggested that she convey it in written
form to the City Council, which is where the Planning Commission
resolution would go so that she got that input into the process
there. Commissioner DeLuna asked if she should do that as a
private citizen. Mr. Erwin said yes.
��fn
Commissioner Tanner asked if Mr. E�t�t�vvanted that put on the
agenda as a Miscellaneous item. l�`����in said no, that will go
when this particular resolution go��=�"th� ��y Council. It would be
joined with that and the Council wr�'see tha� �the same time they
��F�
get the Planning Commissic�tl resolution re� p��nendation, so it
goes together. Commissioner. DeLuna asked if i�'�uld be in letter
form to the City Counci�. Mr. Erwin thought that wou���� better. Mr.
Erwin said she should m�k� sure eitY�er�Ms. Aylaian ����s. Monroe
has it to go with the staff repar�.
2. Ms. Aylaian h� � ���ninder abou� the Housing Tour on Thursday.
�
The flyer said 1���� �����but she��h�� been advised to be there at
9:45 a.m. and th���us woU��l��ve a� '�Q:00 a.m. She asked them
to be here a little �ly Stt ����;`���ve a�reminder about the Joint
�� ���� � �
City��c�uri�il and P����r���' omm�����n meeting on Wednesday at
4 (���p.m. AI��, at thi�����nt they planned to have the next Planning
�ommission r�eeting ������April 6, but staff didn't have any items
scheduled fQr a second rr��eting in April.
N�
,,�� � Comrrt�ssioner DeLun�t��.sked if there would be a packet provided in
"�� ��°" ;;�dvar��� of the Joint City Council and Planning Commission
���V �
��� ing. I�It��Aylaian said yes, the staff report was being completed
��
an� aff plann�d to deliver them on Friday afternoon.
„\\
� �� �� 3. Befor� �djourning, Mr. Erwin indicated that staff advised that the
���� Planr��1� Commission had not yet moved for approval of Resolution
��\�
��� ��� 25��,�rhich is the one dealing with outcroppings. He said they did
� ����a motion, second and vote. Mr. Erwin explained that they
��.�
��proved the findings, but they didn't make the second motion.
It was moved by Commissioner Schmidt, seconded by
Commissioner Tanner, adopting Planning Commission Resolution
No. 2523, recommending to City Council approval of ZOA 10-41,
amending the Hillside Planned Residential (HPR) zone relating to
definitions / development of "rock outcroppings." The motion carried
3-2 (Commissioners Campbell and DeLuna voted no).
19
April 1, 2010 .�-�������
�'r� i� �� :��10
City of Palm Desert ,�h1Mt�:vtTYu�;VELOPMENTDEPARTr��A;�T
73-510 Fred Waring Drive c,;T�n�A�t,��ESE��r
Palm Desert, CA 9226Q
Attn: Palm Desert City Council
Dear Council:
The Planning Commission discussed amending the City's Hillside Ordinance to include
such topographical features as rock outcroppings in their ordinance to protect and
preserve such landmarks. During such discussion, I failed to address additional
concerns during Commissioner's Comments, and before that could occur, a vote had
been taken.
In addition to worcfing specifically addressing such outcroppings, ! would like the Council
to add the following language and concerns to an amended Hillside Ordinance.
"Preserve signifcant features of the natural tapography, including swales, canyons,
knolls, ridgelines and rock outcroppings."
"Slopes of 30% or greater shall be permanentiy preserved as open space." (This could
prevenfi someone from trying to cantilever a home o�er a sharp incline.)
"Lot pad grading for houses shall be limited to the structure foatprint, vehicle parking
space and a yard area as shown on the approved grading plan."
( feel this warding is far more inclusive and protective of our precious hillsides. E
appreciate your consideration.
Thank you,
�� �����.
�
Nancy DeLuna
250 La Paz Way
Palm Desert, Ca 92260