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HomeMy WebLinkAboutResolution 2012-03 Height Study Requirement for New Developmente��craxs::s:. .ts <••",y^'^1t-'.lae+,asa �h,c�rr,.�.ecae�-.-..rr c:-.c.• wumras..::• CITY OF PALM DES�RT DEPARTMENT OF COMMUNITY QEVELOPMENT * Continued to a late unceta `in order STAFF REPORT for staff to meet with the DVBA and other interested parties. REQUEST: APPROVAL OF A RESOLUTION ADOPTING A "HEIGHT STUDY" REQUIREMENT FOR NEW DEVELOPMENT THAT REQUESTS APPROVAL OF ANY CONSTRUCTION EXCEEDING BY 10% OR MORE THE HEIGHT STANDARD OF THE ZONE IN WHICH IT IS LOCATED SUBMITTED BY: Tony Bagato Principal Planner DATE: January 26, 2012 CONTENTS: City Council Meeting Minutes, August 25, 2011 Draft Resolution No.2012-03 Exhibit A, Height Study Requirement RECOMMENDATION By Minute Motion, adopt Resolution No.2012-g3establishing a "height study" requirement policy, as described in Exhibit A. DISCUSSION The Zoning Ordinance establishes development standards, including building height, setbacks, parking, and lot coverage, for each zone within the city. The building height standard is typically called out as a "maximum" height for the zone, but exceptions are permitted for tower elements and through approval of development agreements. Such exceptions require approval by the City Council or, in limited situations, the Architectural Review Commission. On August 25, 2011, Councilmember Finerty requested that any new development seeking approval of building height greater than 10% taller than the development standard for the zone be required to erect story poles and provide visual simulations. Staff believes the subject resolution addresses the concerns of the City for projects requesting approval above the height standard, and will assist commissioners and council members as they consider the visual impact of such projects As proposed in Exhibit A of the draft resolution, a height study would be required for discretionary approval of new construction exceeding the building height standard of the zone in which the project is located. The proposed policy highlights the following items to guide Staff Report Height Study Requirement Policy January 26, 2012 Page 2of2 developers through the process of installing and removing story poles to the satisfaction of City staff: • Purpose • Requirement • Visual Simulation Plan • Story Pole Plan and Construction Requirement • Certification • Removal There are also provisions in the procedure for instances wherein story poles cannot be safely erected due to the magnitude of the proposed height. In these instances, alternative methods will be used to depict the building height. FISCAL ANALYSIS The story pole policy will not result in any fiscal impacts to the City, but will have cost implications for parties wishing to develop projects in the city of Palm Desert Submitted by: Tony B gato Principal Planner i M. Wohlmuth Manager Lauri Aylaian Director of Community Development GAPlanning\Tony Bagato\Staff Reports\Story Pole RequirmenMeight_Study_CC_SR (2).doc RESOLUTION NO. 2012-o3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A HEIGHT STUDY REQUIREMENT FOR NEW DEVELOPMENT REQUESTING APPROVL OF ANY CONSTRUCTION EXCEEDING THE HEIGHT STANDARD BY 10% OR MORE. WHEREAS, the City Council of Palm Desert has determined that in reviewing proposed development above the height limit of the applicable zone, a height study as described in Exhibit A, shall be used to illustrate the proposed height in determining approval of the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, hereby approves and adopts a story -pole policy as described in Exhibit A, attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of , 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPEIGAL, Mayor ATTEST: RACHELLE KLASSEN, City Clerk City of Palm Desert, California RESOLUTION NO. 2012-03 EXHIBIT A HEIGHT STUDY REQUIRMENT Purpose The purpose of the height study requirement for new construction exceeding the building height standard of its zone by 10% or more is to illustrate to community members and decision makers the visual impact, including the height and location, of a proposed development. Requirement Discretionary approval of any proposed new development exceeding the building height of the development standards for the zone in which is located by 10% or more shall provide a height study as part of the review process. The height study requirement shall be satisfied by a Visual Simulation Plan and Story Pole Plan. A. Visual Simulation: Prior to creating the photo simulations, the applicant shall consult with the case planner to prepare a photo simulation plan. The locations to be studied will be determined by the case planner to ensure that they best represent the views needed for review. The plan shall identify the locations from which the photo simulations will be created to depict the proposed new development in context with the existing development. Visual Simulation Method: The visual simulations shall identify the proposed development from the view sheds selected by the case planner. The visual simulations shall illustrate the project's height, size and massing in context with the existing neighborhood. The visual simulations shall identity the new development with realistic material, textures, colors and landscaping being proposed on the preliminary architectural drawings submitted with the development applications. B. Story Pole Plan and Construction Requirement Prior to installation of story poles, the applicant shall consult with the case planner to prepare a story pole plan. The plan shall match the proposed roof plan showing all locations in which the story poles will be placed. The plan shall be approved by the case planner prior to the story pole placement. A story pole plan shall be submitted as part of the entitlement process, and is subject to the following criteria: Location Plan: A story pole plan showing the location of the story poles shall be submitted: GAPlanning7ony Ragato\Staff Reports\Story Pole Requirment\Height_Study_CC_RES (2).doc I, RESOLUTION NO. 2012-03 Material: Story poles shall be constructed of 2-inch by 6-inch lumber, 2-inch by 4- inch lumber, or alternative sturdy building material that will not bend. Story poles should be braced at the base by the use of guy wires or supporting beams. The guy wires and the top 2 feet of the poles shall be marked in a bright color, or have flags or balloon attached. In some cases, netting or survey tape may be used to connect the upper portion of the story poles to create a silhouette of the proposed structure. The type of marking shall be approved by the case planner and indicated on the story pole plan. If the proposed construction is too tall for safely installing story poles, the applicant shall provide the City with a letter from a staking company stating that story poles cannot be safely installed at the proposed height. If story poles cannot be installed, the applicant shall propose and the case planner shall review and approve an alternative method (balloon height study, crane, ladder truck, etc.) for illustrating the height on the story pole plan. Timing: At least 10 days prior to a hearing by the Architectural Review Commission, Planning Commission and/or City Council, the story poles shall be placed on the site unless this requirement is waived by the Director of Community Development/Planning. Safety Provisions: All story poles shall be placed to ensure the health, safety and general welfare of the public. The story pole plan shall note: "if at any time the story poles become unsafe, they shall be repaired or removed and reset immediately. The story poles shall be removed immediately if determined by the City to be a public safety risk." Waiver of Liability: The applicant must sign and submit a waiver absolving the City of any liability associated with construction of, or damage by, the story poles. The waiver will be provided to the case planner and copied on the story pole plan. The applicant shall not install the story poles until the waiver form is submitted to the City. Certification: After the installation of the story poles, a licensed surveyor, civil engineer, or registered architect must certify that the story poles have been placed in accordance with the approved story pole plan. The property owner and/or applicant may not certify the story height or position. After receiving the certification, the case planner will visit the site to verify and photograph the story poles. Removal: The story poles shall be removed immediately if determined by the City to be a public safety risk or at the direction of the Director of Community Development/Planning. Story poles shall be removed within seven (7) days after the final appeal period expires. G1Planning\Tony Bagato\Staff Reports\Story Pole Requirment\Height_Study_CC_RES (2).doc 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2011 Rec: Receive and file. With City Council concurrence, the City Manager's Summaries for the Period of July 6 - August 16, 2011, were received and filed. 2. Report Regarding Use of Story Poles for Future Land Use Applications. Mr. Wohlmuth referred to the memo distributed for the agenda packets, and he asked Council for direction on how to approach the requirement for story poles, photo simulation, or balloon studies in the future so that Planning staff could include in the Zoning Code and enforce. Councilmember Flnerty said she'd like to see anything over 10% of variances in height be required to provide story poles and visual simulations. She felt it was important to have as much information as possible to make an informed decision. Mayor Benson agreed. Responding to Mr. Wohlmuth's question, Mr. Bagato responded that staff could return with a separate ordinance amendment fairly quickly. However, staff was in the process of rewriting the Zoning Ordinance in the coming year and was expected to take about nine (9) months. Councilmember Finerty didn't want to wait that long; she'd already been approached by developers who want to go higher now that the Rosewood Hotel was approved on today's agenda. She noted it was a slippery slope; once an application was approved as was tonight, there will be people coming in with requests to go higher along El Paseo. Mr. Bagato asked if there would be room for any variations. In his research, including a call to Staking Laguna of Laguna Beach, which advised that they can do 20- to 30-footers, and they can go up to 40 feet, but it becomes questionable and difficult to do; anything above 45 feet cannot be done with staking systems. He also called a planner at the City of Rancho Palos Verdes, who said that they require balloon studies with the taller buildings. He was unable to find anyone doing story poles over 45 feet; they all use balloons, boom or ladder trucks (some cities use their fire trucks on site). Councilmember Finerty said she would accept a ladder truck to represent the height. She believed it would be important to have story poles for anything up to 45 feet; beyond that height, a ladder truck or like representation of how tall the building would appear would be acceptable. She said as the City's learned, visual simulations didn't 58 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2011 always provide an accurate reflection. Further, she was dismayed that it was necessary to direct staff to perform this study by way of an ordinance, because it was never an issue with prior projects. Mr. Bagato noted that the applicant (PDH Partners) was asked to provide a height representation, and a balloon study was done initially. Additionally with the photo simulations, they were advised that it was part of the process in past approvals. Mr. Wohlmuth pointed out that it was necessary for the City to have a means of enforcing the regulations in order to require such methods of study. He said staff would develop an ordinance and return to City Council as soon as possible. 3. West Nile Virus - The Living Desert Mr. Wohlmuth made note of the recent report of a mosquito with West Nile Virus found at The Living Desert. He said the City's Risk Manager had been working closely with Coachella Valley Mosquito and Vector Control District (CVMVCD) on this matter. Although there were three infected mosquitos found in the Coachella Valley, only one was at The Living Desert in Palm Desert. He referred to CVMVCD's press release, adding that further tests of mosquitos trapped at The Living Desert and surrounding area found no mosquitos with the Virus. CVMVCD is working with The Living Desert on procedures to reduce mosquito populations. Since no other infected mosquitos were found anywhere else in Palm Desert, CVMVCD will not be conducting any generalized mosquito spraying anywhere in the City. He emphasized that no cases of human West Nile Virus had been reported this year in all of Riverside County. He and Mr. Greenwood had been working on the Haystack Channel and Alamo area, where excess drainage has been an issue; this time of year the drainage is from sprinkler over -spray and can become stagnant. Staff is looking at mitigation measures, the Channel is currently being cleaned weekly, in addition to other means —improvements to the Channel to eliminate standing water and reduce maintenance costs. It could be part of the City's contract for catch basin cleaning. 4. Council Chamber Audio -Visual Update Schedule Lastly, Mr. Wohlmuth hoped City Council was comfortable with progress on the Council Chamber System Update. He called attention to the four new cameras that have been installed in the Chamber. He said the complete system was to be up and running today, and he congratulated Mr. Gibson and Mr. von Helf on a fine job of keeping the contractors on task in order to conduct today's meeting.