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Home My WebLink AboutOrd 1211 - ZOA 10-41 - Rock Outcroppings � �� i�a��l?�3� �'r":4`E � �� G�� CITY OF PALM DE E �� `� �� D�� ;��E�T[3 2��;D�sEr�Di�� 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 Managem st APPLICANT: City of Ralm Desert ��'�a� �f��'�__� � �� (�/� , '� ` CASE NO: ZOA 10-41 `-- ��°`��.g�� /� rlr��'"l��1,.,t, � � � �, ��:��;��:,Tt� ��o��i��t�� DATE: April 8, 2010 � �.�M�:� 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 involve 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 April 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:�PlanningUtyan S[endell\Word Da[a�ZOA-10-41_CGRP"C.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 Consu/tant: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:�PlanningViyun Stendell\Word Data�ZOA-10.41_CGRPTDOC 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,prt�ved By: � � 'I � ��-'"��C�� Jotx M. Wohlmuth City Manager i � C:�Plunning�Ryan Stendell\Word Data�Z,OA-10-4I_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 Palm 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 chatlenge 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. i 2 i i 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 surtace 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." RMBUS/DERWIN/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 MINUTES 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. �;F�? Commissioner DeLuna noted that there w, � two-year summary of activities list from the Police Department :y esulted in an arrest for prostitution. On two other occasions t � �✓- e � licitations for sex; on two different occasions there were d��l�r` gs tha not brought up to speed. So there had been five diff��`�t�'violations. aid that it was a hard decision to make, but she wt�+U��move for revocati o the CUP. k^a .�, �=� � % Action: ��;� � a It was moved by Commissioner ��Lun� seconded by Commissioner Campbell, approving , � e findings ar�t� ri��ommendation as presented by staff to revoke CUP otion carr��5-0. �°�_ � � It was moved by Co ' 'ssioi�� s� una, ��onded by Commissioner Campbell, a�c��ting Plan� � , C � Re��ution No. 2522, revoking CUP 08 1��,;I�f,t�� carrie - � �� _� ,, F ,r �� '_��` ;� �""'�' C �;�se No. �t��► 10-41 —�� Y OF PALM DESERT, Applicant :��.. � � ":� ��\�\�� Roun�� an amendme�to the HilmmenPdation to the City ��\ \ � s de anned Res�dential �� ) z��,relating to definitions / development of "rock �� o� pin�� and amendments to the HPR Zone Approved ��`\ Rid\ e Ma ,� \�� ,� �� ,\� `'�� \ �� Manag„� nt Analyst Ryan Stendell reviewed the staff report and r � me� that the Planning Commission approve the resolution rec ng approval of the Zoning Ordinance Amendment to the City Couri� � 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 MINUTES ALM 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 c rified that it stands for Geographic Information Systems, the map guys� � On these rock outcroppings, with all the d `�` rs they have had on the hillsides and also individual land owner F m . �oner Campbell asked how many of them have really touch�e� "�= ese o pings. Didn't they kind of stay away from them and I��them as th' e or restore it to their own original condition? M�'� ' Y�endell said his p al experience with the hillside has been an� �r� ber of d velopers ap h things in different ways, but his experie�t��s have ��rally been t � they work ��. with the contour of the land and �1+�a1� ° � and avoid them. In his most � �..., recent case, not only�, as it a cost s�� to them since taking down an outcropping costs a oney, but ��I�o adds beauty to their project. Typically speaking, a `1 v � tries to �� with the contours and not disturb as much as p ible; - 9 at ha�3� een his dealings so far. Commissior�. Campbel ked/ ,�°" � Id # � y 75% or 80% are not touched , ,� `�� velop < Sten� � � aid he was uncomfortable actual� g to` � w out ber. In his most recent case, they had a nu ��" f 80% to d�� o that not being touched. � g� .. �� Commr er �"�'� ion. When they were talking about the ////� �oppi �� d dis an outcropping, before any kind of ,� / �, ce � rs, they will come to staff and say they have identified , � ;� /y,�� this a� ��out ° �, ing and can they reestablish it someplace else on the ��j�j�� property��; if n� ey would work around it. Was that the sequence of '�%i%, events? M -�0 � ,;;/� , ,tende �, aid yes, staff is the first line. They encourage pre- :%/�,,, ' ' ,,�, pplicat�on � etings. If a property owner came to them and said they '��ye this fiv, �cres and was thinking about putting a house there, the first ��, ,�staf�, s most of the time is they want to get a field study, so they J ��ef' "% �'� site and take a look. The et a look of their ma s and lans ;,;,/ Y 9 p p and t� ' �staff will approach them and say it is on top of an outcropping or on a ridge, so ultimatety 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 MINUTES 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 chaltenge to staff, the lowest area right at the ��. They do have other areas that are low, but generally speakingr ��""part that is city-owned property or were very steep coming down k1��owed one of the lowest, easiest slope areas that staff had been th��iist��cerned about. .�: � �� ' � Commissioner Campbell asked if . � endell was jus�;dealing with city- owned hillside property. He did ' e anything to say �i ;, ut the county- owned land. There was not � e could, ay about th" e was just talking about the small area th �� e city ' . Mr. Stendel�-�id that the County sometimes allowed the o; comments on projects, but the City has no jurisd�r,�ion over that ust the land in the city. �� °�� Commissioner Schmic��%a��#,�hat pe tage on the map that Mr. Stendell provided in their�:ack��.�:�i�gelin e ue in the city. Is it most of it or just a ion? Mr. � ndell�� t��t o . Commissioner Schmidt asked si, �� ; y matt��`, � difficu�t�=�iefine them? The others are more s? tendel� � ained that they are brought to staff on a cas case basi� Looking the hillside map, this was the area that they�e een co ed with tt��post. To say that they wouldn't ever find any m�� G Q� � �;�� , h�� couldn't find any other problem areas %j,�� /e hil � p ,%;�� '��%'��j, �' /�j/� ,,////i, � ��%�� Comrr�� ner"� idt was ve much in favor of addin lan ua e about ��/ rY 9 9 9 ,/�� rock out ing�� ;�°, she had a deep concern about them approving staff ��j/� guesswork�;� od � ` sswork, but this had not been engineered. She °��!;,, sked if tha;� s correct. Mr. Stendell concurred. Commissioner Schmidt �� !� �ught tha�� rhaps this was a standalone issue and shouldn't be tagged �,,;� he pping issue. She didn't know quite how to come to that, but ��'° '�� h the City would take this particular problem area, and maybe rea ,,, ,; � that vi��`"" 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 MINUTES ALM 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 ho much time they would need. Chairperson Limont asked if it would b �'' ht to simply add the verbal changes to the hillside ordinance witf� e map. Mr. Erwin said certainly; so far as the outcroppings were; ned, they are entitled to recommend the changes to the ordina_;,: n ;o� ding the outcroppings and the prohibition on the outcroppin�� d excl from that the map and dealing with the map separatel��r��ey wished to� o. �, �s, Commissioner Schmidt asked if �t�ending t:e resolution� Id require it coming back to them again. IVl�� :�rwin s '.�o. Commissr r Schmidt indicated they would be dropping E��:�� he resolution that deals with the map, which she b 'eved was ��#�i��. Mr. Erwin said they still have the public hearing. ell said th��=�t�ould be deleting number three relating to Exhibit B a nce in t ��le to the ridgeline map. � Commission�� Schmidt ` ugh ' re ��I heading in the same direction�.�; ��didn't m to` and have it come back to haunt � . Thaf ��s her objective. She asked Mr. Erwin to explain hov� ��could do: ;�s. Mr. ' said that basically they would eliminate that ��of the �� olution d g with the map. In other words, not recomri� &�in� � �tt�� t�� t illside Planned Residential Zone as it �� s to f�'�`t��. ��.:�w,, \\�\��\�� , ��A� � �� ner �C , idt said she would so move. Chair Limont asked if \\\\� Com , ? \, that was`� � mot�� Mr. Erwin indicated that they needed to open the \�� public hea „ �'' �� \�� . air Limo � ened the public hearing and asked if anyone wished to �� in � � R of or in OPPOSITION to the public hearing. There was no � 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 MINUTES 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 Tanner, approving the findings. The motion c 4-1 (Commissioner Campbell voted no). ��_� b; Mr. Erwin stated that the other item tha�y� o` � ned was the potential ,��, survey. He asked if they would want t � � vey to ouncil a suggestion s" sT y,�� with regard to the ridgeline map I�„ wished to ` at, it would be a matter of inerely the Chairman Qf:�f�t: �Commission, if t as the wish of the Commission, conveyin�� th�t inform�tion to th �� ' y Council. Chairperson Limont asked if th�� hould c��;, �at as a Misc eous item or as part of this. Mr. Erwin s��th�,�� asically that has been the discussion so far. H� msuggested "� t�itition and second and a vote requesting the Chairp��#Q convey ��,��formation to the Council. �'��. It was moved by Cornr�ission�r=:;T�,nner, � onded by Commissioner Schmidt, by ' ute motier�i�.,auth�;;��t+��air�6° rson Limont to convey to the Cit � � y quest�� : ey bj�� `; ensed professional engineer to ide dgeli� �'n the H�� Zo ed area. �� r.=..�� Com , ioner S � idt stated t�i�t she did not want to discount the work that M`�:�� n � � ave;�lone on this and encouraged them to �//i � that �� arting��p �,��° .��Erwin said that could be included in the j�� nce�.� ; irperson Limont called for the vote. The motion carried 5- ,� �///// P� ,j� 0. �� i,/i� �� %a **See ad al dis ssion on a es 18-19, items 1 and 3*'` %�j/� � p J ) �%//��/ /�i `�� j�% ��% �D�j Ca�, o. ZOA 10-69 — CITY OF PALM DESERT, Applicant ,/�%/� �' , 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 MINUTES 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. � �?� � :: y X. COMMITTEE MEETING UPDATES ;,�� ` �'�� :� �:.. ,� A. ART IN PUBLIC PLACES �� ' �a � �� Commissioner Campb � orted th the next m� ., � would be March 17. �.�� ` B. LANDSCAPE �QMMITTEE ° ��°�� Chairperson Lirn±�i�� reportec��=�� the next meeting would be March 17. � �� , �w � �% a , � � C. P �� CREa"�Q� �� f{� '� . �� mmissio ',; Tanner ted that they had a presentation by the ��; ' Attor �� regardinc�� ..e Brown Act and reviewed upcoming s �� ter�� %j/ ^��. aF.� ,:�.�� i/�/�'��;;��i0` � AREA 4 COMMITTEE ��i,, ,_,�,�/ �,,�, _ /��// ,i��j, N. ,�j,, C��iss��: Schmidt said they met last Monday and primarily it �%ii, � ��i% was ating� d the City Attorney spoke about the Brown Act and "'ii/j/�j �:i, � ,/� the n , for everyone to adhere to it. The next meeting would be in %�/%//i�/i�,, a mo r', �%// ��; . ;� �% ��/i,, i�%� ,%%�'% XI. COM 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. ,_ 3_.. Commissioner Tanner asked if Mr. E '� anted that put on the agenda as a Miscellaneous item. in said no, that will go when this particular resolution go th � ' Council. It would be joined with that and the Counc��r see th the same time they get the Planning Commiss�t� r�esolution re� endation, so it goes together. Commissi��eLuna asked if i� uld be in letter form to the City Council; ��Erwin tho„ ght that wo- �, better. Mr. Erwin said she should m��°, sure e��l'C ;�iVls. Aylaian " �9� s. Monroe has it to go with the staff re�� `� :� �;�� , ' 2. Ms. Aylaian h inder ab �v x�he Housing Tour on Thursday. The flyer said ut she" � been advised to be there at 9:45 a.m. and th us ve a�'�� •00 a.m. She asked them to be here a little ly. ve`� \ reminder about the Joint Cit� � � ' and P om� f ineeting on Wednesday at �.,° p m �, , at thi nt they planned to have the next Planning �dmmissio eeting April 6, but staff didn't have any items ��eduled ��a second�� ting in April. � � �� . ,�y�.� �� Co ��`oner De��r��'��ked if there would be a packet provided in �� \�\� � �� var�+�;of the Joint� City Council and Planning Commission �;\\ � �� ing �_ Aylaian said yes, the staff report was being completed �� a� � aff p�'� �d to deliver them on Friday afternoon. �� „� \`�'`� 3. Befo� djourn ng, Mr. Erwin indicated that staff advised that the �� Plan,� Commission had not et moved for a roval of Resolution �� Y .pp . . ��A 25 � hich is the one dealing with outcroppings. He said they did �� a motion, second and vote. Mr. Erwin explained that they �� roved 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 Aprii 1, 2010 �� ;�� U � :�j�10 City of Palm Desert 73-510 Fred Waring Drive ;oMMUN[TYDEVELOPMENTDEPARTMENT Palm Desert, CA 92260 cITY OF PALM DESERT Attn: Palm Desert City Council Dear Council: The Planning Commission discussed amending the City's Hillside Ordinance to include suc� topographical features as rock outcroppings in their ordinance to protect and preserve suct� landmarks. During such discussion, I failed to address additional concerns during Commissioner's Gomments, and before that could occur, a vote had been taken. In additian to wording specifically addressing such outcroppings, ! would like the Council to add the following language and concerns to an amended Hillside Ordinance. "Preserve significant features of the natural topography, including swales, canyons, knolls, ridgelines and rock outcroppings." "Slopes of 30% or greater shall be permanentiy preserved as open space." (This could prevent someone from trying to cantilever a home o�er a sharp incline.) "Lot pad grading for houses shall be fimited to the structure footprint, vehicle parking space and a yard area as shown on the approved grading plan." 1 feel fihis wording is far more inclusive and protective of our precious hillsides. t appreciate your consideration. Thank you, � �CC/YZ �-�7,�.c.c�� Nancy DeLuna 250 La Paz Way Palm Desert, Ca 92260 �/[at�eoni , �'Laughlin Hechtman � L A -W Y E ` R S Apri( 8, 2Q1°0 l�i,rman Il. i�9atic�.oni via E-Mail to rklassen@ci.palm-desert.ca.us i'r�;;;,� ��. i�•�_.<lu�E,�;n � ' (3r�adlev ib1. 14e7tteoni � � '�`"`°" i'� "'�`��'`°„"' Rachelle D. Klassen � � �;<,��, (�,>L�i��,�it� City Clerk, City of Palm Desert � Palm Desert Civic Center 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: City Council Meeting Agenda Item XVII A, April 8, 2010 Letter Opposition to Proposed Amendments to the Hillside- Planned Residential Zone Relating to DefinitionslDevelopment of "Rc�ck Outcroppings" Dear Ms. Klassen: Attached is a letter to the Mayor and City Council Members from ' my law firm on behalf af our clients David and Edwina Nelson, and David Baron and Bruce Kuykendall opposing the proposed adoption of Ordinance No. 1211. Would you please see that this letter is distributed to the Mayor and each of the City Council Members and made a part of the c``'.�� administrative record. Please call me if you have any questions with �U regard to this request or the submittal of this letter. G�o►- � � � �.. � �`-"u� '� Yours truly, ►��" � `� � �'.�:�� $�'��r .�� /�'§ > � �U= � , %f� # '��f�%��i,��"�'`�� Q p � £� � 1 �� o PEG 'Y,r . O LAU�NLIN � � PMO/mr Attachment � � 84�' The Alameda � SAn 1ose, CA 95126 ph. 408.393.430t1 �/ •j f�x. 4•08.293.40��1� . •� ��. �vww.matteoni.corn � �` �� ,, ' , �;r ir�i;`nel � ,,� .,<;,l�� ,.`,��t� r�,,+.1r41as��'r�i�ii i� r,.'�;rCle�.if-� �/[atreoni a'Laughlin Hechtman L r1 \N Y E i2` S April 8, 2010 ;Vi>rnian I�:. 4'la[trcrni 1'r•,�ry 11. O�Laughlin I3r.�rll�1� �b1. llatteoni Honorable Mayor and City Council Members i��,��.,,� c;. ��i,��„��„ The City of Paim Desert C>crry HouliV�air Pa�ll'1 �@S@I`� �'11VIC E'ie'I1t2C � 73-510 Fred Waring Drive , Palm Desert, CA 92260 � Re: Agenda Item XVI[ A, April 18, 2010 City Council Meeting Oppasition to Proposed Amendments to the Hillside- Planned Residential Zone Relafiing to �;� �' Definitions/Development of "Rock Outcroppings" la..(� � , . . � � �b� � �� '�` Dear Honorable Mayor and City Councii Members: � �� ;;�;�" � This law firm represents David and Edwina Nelson, and David �=�"��'� .°z Baron and Bruce Kuykendall, owners of properties on Upper Way �� West in the City af Palm Desert. Their properties are located in the <� �' Hillside-Planned Residential (HPR) zone. As you are likely aware, for years now they have been attempting to develop their property which development has become infeasibie as a result of the City's 2007 amendments to the HPR zane prohibiting development on or across ridges�(Section 25.15A30}. The City's proposed amendmerrt to the HPR zone, under consideration by#he Council at its April 8 meeting, seeks to further restrict and preclude any development in the hillside area by prohibiting development on or across any rock outcroppings. These owners oppose proposed ordinance Na. 1211 on grounds that it does not satisfy the constitutional provisions against statutory vagueness, it is overbroad, and if adopted will result in an unconstitutional taking of property in violation of the United States Constitution's Fifth Amendment and the California Constitution Rrticle 1, Section 19. � 84£3 The �`1lameda � � � � � San Jose, CA 95126 � �- � � � �h. =2�0$.293.4300 ,/ �o� f'ax. 408.293.4004 s 1 �ti�v��.rnatteqni.cmn � Honorable Mayor and City Counci/Members � April 8, 2090 City of Palm Dessert Page 2 The Proposed Ordinance is Unconstitutionally Vague and Uncertain and Overbroad. The proposed amendment (Sec. 25.15.105) defines the term "rock outcroppings" as follows: "A rock outcrapping is a rock formation that is part of an underlying layer of rock, that projects above the surface of the surrounding ground." The definition is extremely vague. The City's definition provides no siz� parameters ' as to what would constitute a rock outcropping to preclude development. There is no standard as to how far above the surface the underlying layer of rock would have , to project to constitute a rock outcrapping. Thus, conceivably, any group of rocks protruding above the surface could constitute a rock o,utcropping even if the rocks � protruded only inches above the surface. And there is no standard with regard to the width or spread of the rock outcropping, which would result in the preclusion of development on or across it. From the owners' perspective,the terrain and geology of the hillside where their properties are Iocated, under the City's definition, is a giant rock outcropping, with bits of soil strewn about. � The judicial test for determining whettier a zoning standard is tflo general, vague,.or uncertain is that if"...men of common intelligence and understanding must guess as to its meaning and differ as to its application, it violates the first essential of due process of law." (Longtin's Cal Land Use (2d ed. 1987) § 1.60[3] citing to People v. Gates (1974) 41 Cal.App.3d 590, 595.) The proposed ordinance does not satisfy the constitutional provision against statutory vagueness as it is not sufficiently definitive to provide adequate notice of the act proscribed. It fails to provide definitive guidelines as to what canstitutes a rock outcropping, which an owner � would have ta avoid in the development of his or her property. The language used in legislation prescribing a standard of conduct which is the subject of the regulation " . . . must be definite enough to provide a standard af conduct for those whose activities are prescribed, as well as the standard by which the agencies called upon to apply it can ascertain campliance therewith." Rass v. City of Rolling Hills Estate (1987) 192 Cal.App.3d 370, 375. It appears from the staff report that the City's intended goal in adopting the proposed amendments is to "not disturb natural landmarks or features." But, the definitian of rock-outcropping is so vague and overbroad that it would include any grouping of rocks that protrude above the surface, whether or not the rocks would be considered a natural landmark or feature. (The Merriam-Webster Dictionary defines "landmark" as "2a. a conspicuous object on land that marks a locality; 4. a structure of unusual historical and usually aesthetic interest.") � Honorable Mayor and City Council Members April 8, 2010 City of Palm Dessert , Page 3 The Proposed Ordinance Would Result in an Unconstitutional Taking of ` Property. The owners opposed the City's 2007 amendment to the HPR zone which prohibited "development on or acrass ridges on the basis that the zaning amendment would result in a regulatory taking of their properties.�The amendment was adopted by the City and thus the owners, in 2009, filed �or an exception to this development standard,based on an unconstitutional taking pursuant to Chapter 25.112 of the Palm Desert Municipal Code. If the proposed amendment to preclude any development on or across any "rock outcropping" in the HPR zone is adopted, the owners will have absolutely no ability to develop anything on any portion of their property. Depending on how the City may interpret is definition of"rock cropping," there are rock outcroppings ' throughout the owners' praperties. �his propased develapment regulation amounts ta a per se taking. It would deny these property owners all economically beneficial or productive use of the property, and such a denial of all uses is the equivalent of physical appropriation and requires payment of just compensation, no matter how significant the government interest may be supporting the regulation. Lucas v. South Carolina Coastal Council (1992) 112 S.Ct. 2886, 2893. The owners respectfully request that the Council not adopt the praposed ordinance and that it instead consult with all affected property owners and soil engineers to address the City's interest in protecting the hillside without denying owners in the HPR zone of all economic use af their property. Yours truly, � � �' '' ,�a � ,,.�� .�`��` '"! �� 'r� �'� �°'�'f""� r,r,.� PEGG � �N��O'LAUGHLIN � Y , PMO/mr cc: David and Edwina Nelson David Baron Bruce Kuydendall David J. Erwin, Best, Best & Krieger LLP, City Attorney Lauri Aylaian, Director Community Development John M. Wholmuth, City Manager , . , , , �.�i_:.r.f�:;�' (olcic r:;1{:»Im d�sert\correspontlencelmayor&citycouncil 04062010.docx ' � r7 `J °i 'r` � �'.:.�..1 ��i ! 1 � 7•.F P ` �-��C.�E��r 7��n'�� PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp '�a �Zo�s.s.c.c.r> 2010�� -� AM 10: �z STATE OF CALIFORNIA County of Riverside ----------------------------------------- I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid;I am over the age of eighteen ------------------------------------------ years,and not a party to or interested in the above-entitled matter.I am the principal clerk of a printer of the,DESERT SUN PUBLTSffiNG COMPANY a newspaper of general circuiation, printed and published in the city of Palm Springs, -- County of Riverside,and which newspaper has been Vo 1285 CITY OF PALM DESERT ad'ud ed a news a er of eneral circulation b th¢ IEGAL NOTICE J g P P g Y CASE NO.ZOA 70-41 Superior Court of the County of Riverside,State of NOTICE is HEREBY GIVEN that a public California under the date of March 24,1988.Case hearin will be held before the Palm Desert City Number 191236•that the notice of which the Counc�i to consider an amendment to the Zoning , , Ordinance chapter 25.15(Hillside Plarfned Resi- annexed is a rinted co set in t e not smaller dential Zone)relating to definitions and develop- P PY� YP ment of'rock outcroppings." ' than non pariel,has been published in each regular SAID ublic hearin will be held on Tnursday, and entire issue of said newspaper and not in any April 8t�i,20�0,at a:�o p.m.in tne Councii Cham- ber at the Palm Desert Civic Center,73 510 Fred supplement thereof on the following dates,to wit: Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concern- March 26`",2�1� ing all items covered by this public hearing notice i shall be accepted up,to the tlate of the hearing. ------------------------------------------------------------ Information conceming the proposed project andlor negative declara3ion is available for rewew in the Department of Community Development at the above address between the hours of 5:00 a.m. --------------------------------------------------------------- and 5:00 p.m. on ay t rouyh n ay. you c a- All in the year 2010 len�ce the proposed actions in court,you may be li ed to raismg only those issues you or some-, one else raised at the public hearing described in this notice,or in written cofrespondence delivered I certify(or declare)under penalty of perjury that the to the City Council at,or prior to,tne pubiic near- foregoing is true and correct. �n9� RACHELLE KLASSEN,Ciry Clerk Ciry of Palm Desert,California Dated at Palm Springs,California this---30th,----day Published:3/26/10 ,�,,,,,._.._ _ �. of---------- March -----�--- ---------------�2010 -------------------- �--------- - ---------------------------- Signa re