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HomeMy WebLinkAboutResolution 2012-03 Construction Exceeding the Height StandardsCITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: APPROVAL OF A RESOLUTION ADOPTING A "HEIGHT STUDY' REQUIREMENT FOR NEW DEVELOPMENT THAT REQUESTS APPROVAL OF ANY CONSTRUCTION EXCEEDING THE HEIGHT STANDARD OF THE ZONE IN WHICH IT IS LOCATED. SUBMITTED BY: Tony Bagato Principal Planner DATE: March 22, 2012 CONTENTS: Draft Resolution No. 2012-03 Exhibit A, Height Study Requirement City Council Meeting Minutes, dated January 26, 2012 RECOMMENDATION By Minute Motion, adopt Resolution No. 2012-03, establishing a "height study" requirement policy, as described in Exhibit A. DISCUSSION 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. On January 26, 2012, staff presented a draft resolution with the height study requirements for any project seeking approval of a building height greater than 10%. During the discussion of the draft resolution, Gretchen Gutierrez, the Chief Executive Officer for Desert Valley Builders Association (DVBA), expressed concerns over the story pole requirement because of the additional cost and burden to development community. In addition, the proposed requirement at 10% was believed to be too restrictive since the height limits in the city of Palm Desert are between 18 feet and 30 feet, which will mean that the 10% standard would require a story pole for a 1-foot 10-inch or 3-foot exception. Following the City Council meeting, staff met with Gretchen Gutierrez to go over the concerns of the proposed resolution. During the meeting she indicated that ultimately the DVBA is against any story pole requirement, but understands the City's concern with providing an aesthetically pleasing community. However, the additional cost of story poles for new development can range between $4,000 and $7,000 for smaller developments, and $15,000 or more for larger developments. In addition, the height limits in the City are low that the 10% requirement would mean any project seeking approval above the height limit by 1-foot 10-inches for single-family zones or 3 feet for commercial zones would be required to install them for project review. She Staff Report Height Study Requirement Policy March 22, 2012 Page 2 of 2 stated that if a requirement is going to be adopted, then the DVBA preferred a higher threshold at 15% above the height limit for visual simulations and 25% above the height limit for the story - poles. After discussing the concerns with the DVBA, staff believes that the visual simulations should still be required for new development seeking approval with a 10% or more increase in the height limit. The visual simulations provide a very accurate representation of a proposed project in context with the existing development, which assists staff with a recommendation for the new development, as well as the City decision makers as part of the project review process. As for the story -pole requirement, staff is recommending story poles be required for any new development seeking an increase in the height limit by 20% up to 45 feet tall. In staff's research, the typical staking story -poles cannot be installed above 45 feet tall. For new development over 45 feet tall, an alternative method can be used. Alternative methods will consist of balloon studies or ladder trucks. Staff is recommending these requirements above 20% for two reasons. First, staff believes that the visual simulations are the best tool to illustrate a proposed development within the existing neighborhood. The story poles are not able to illustrate the entire project in context with the surrounding neighborhood and do not illustrate the proposed architecture and landscaping associated with the new development. Second, the additional cost and burden on the development community conflicts with Palm Desert's reputation as being business friendly. CONCLUSION Staff believes that this resolution will address the concerns of the City and the DVBA, as well as establishing a city policy that assists staff and the decision makers with reviewing any new development seeking approval above the height limit of the zone in which it is located. 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 Ba ato Principal Planner Approval: Lauri Aylaian Director of Community Development CITY COUNCTLACTION APPROVED RECEIVED OTHER AYES: -L NOES: I ABSENT: GAPlanning\Tony Bagato\Staff Reports\Story Pole Requirment\Height_Study_CC 13M c : ----� VERIFIED BY: Original on File with City CNA's Office RESOLUTION NO. 2012-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A HEIGHT STUDY REQUIREMENT FOR NEW DEVELOPMENT REQUESTING APPROVAL OF ANY CONSTRUCTION EXCEEDING THE HEIGHT STANDARDS. 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 U111 1 *31 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 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 it is located shall provide a height study as part of the review process. The height study requirement shall be satisfied by a Visual Simulation Plan for new developments above 10% of the height limit of the zone it is located in, and a Story Pole Plan for new developments above 20% of the height limit of the zone it is located in. Visual Simulation for 10% above the height limit: 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. Story Pole Plan and Construction Requirement for 20% above the height limit: 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: GAPlanning\Tony Bagato\Staff Reports\Story Pole Requirment\Height_Study_CC_RES_DVBA.doc II RESOLUTION NO.2012-03 Material: Story poles up to 45 feet tall shall be constructed of 2-inch by 6-inch lumber, 2- inch by 4-inch lumber, or alternative sturdy building material. 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. For new development over 45 feet tall, the applicant shall provide 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. GAPlanning\Tony Bagato\Staff Reports\Story Pole Requirment\Height_Study_CC_RES_DVBA.doc 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 2012 XI. CONSENT ITEMS HELD OVER REQUEST FOR APPROVAL of Change Order No. 1 and Acceptance of Work for Contract No. C27950A — Intersection Improvements at Frank Sinatra Drive and Portola Avenue (Project No. 572-08) (H & H General Contractors, Inc., Highland, CA). Mr. Wohlmuth thanked Mr. Taylor for the nice comments about the improvements at Portola Avenue and Frank Sinatra Drive. However, the palm trees in the new median on Portola Avenue were not doing well. This item is to approve the change order and accept the project. Staff would like to work with the contractor to get those palm trees either replaced or ensure they will survive. Mayor Spiegel suggested a continuance, and Mr. Wohlmuth concurred. Mayor Pro Tern Kroonen moved to, by Minute Motion, continue this matter to the meeting of February 9, 2012. Motion was seconded by Finerty and carried by a 5-0 vote. Responding to question, Landscape Manager Spencer Knight said he hoped to have an answer on this item by the next meeting. XII. RESOLUTIONS A. RESOLUTION NO. 2012 - 03 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A HEIGHT STUDY REQUIREMENT FOR NEW DEVELOPMENT REQUESTING APPROVAL OF ANY CONSTRUCTION EXCEEDING THE HEIGHT STANDARD BY 10% OR MORE. Principal Planner Tony Bagato stated based on Council direction at the meeting of August 25, 2011, after the Rosewood Project was presented, there was a request to bring back a requirement for story poles and photo simulations; therefore, staff has called this a Height Analysis Study. He said the proposed Resolution would require anyone with a project or anyone asking for a development agreement approval above the height limit by more than 10% to provide photo simulations in addition to story poles. He said there is a list on how they will achieve the story poles with a plan as submitted in the Resolution. MS. GRETCHEN GUTIERREZ, CEO for DesertValleys Builders Association (DVBA), thanked the Council for the opportunity to address this matter. On behalf of the DVBA and 100+ members' companies, she requested the Council not adopt the proposed Resolution, placing into effect a new height 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 2012 study requirement on new development. The DVBA appreciated the City's wishes to maintain an aesthetic pleasing community for its residents and recognized its ongoing efforts. However, the development in the construction industry continues to struggle in these tough times and it is challenging for people to bring new projects to the communities. A new study such as this will place an additional burden on the current application process that any development went through in order to obtain approval within the City. If the City elected to go forward with adoption of the Resolution, she asked the Council to make several possible considerations for amendment/changes to it. The first item would be to take the base line percentage of impact and increase it from the 10% recommendation to a 15% or 20% increase. She said 10% increase represented roughly three feet over the current maximum standard, and for commercial sites, which is 30 feet, would only add three more feet in height. On a residential property at the 18 to 24-feet height standard, it would add 2.5 feet on a proposed project. The second item would be the use of story poles as a method of measuring what the project will look like for the visual impact into the neighborhood or the surrounding community. She said the use of story poles was a very tried and true method for a great number of years, in terms of how things were measured, planned, and developed. However, they would like to see the Council move forward toward computer modeling and simulations for the City's method of developing the plan and approval of the process as it went through plan check, review, Planning Commission, and ultimately the City Council or for permitting. She thanked the Council for its time and consideration on this matter and offered to assist if it wished to have further dialogue with their office or any other development issue going forward. Responding to question, Mr. Bagato said he had not worked with DVBA on this item. Mayor Pro Tern Kroonen suggested continuing this item until that conversation or comment took place. Councilmember Benson stated staff knew what the Council wanted addressed in the Resolution. Although she appreciated DVBA's input, story poles have made Palm Desert what it is today, and the Council received compliments on its buildings and heights, so she didn't see a need to study it further. Councilmember Finerty concurred, stating she was the one that asked for this requirement, because of the many height exceptions requested. She noted she wanted story poles, but also the visual simulations working with the computer renderings to see what the project will look like. She wants the Council to have all the information possible instead of just the computer 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 2012 modeling, because it didn't always tell the whole story. She said the direction that Council gave back in August was for any construction greater than 10% of the height standard to be required to install story poles, provide visual simulations, and everything contained in the staff report. Councilmember Harnik stated photo simulations are needed, and she appreciated the language inserted by staff that the plan shall identify the locations from which the simulations will be created. She said the Council will have the option of choosing the angles necessary to see. She agreed with DVBA's comments on the story poles that over regulating was a burden on builders during these tough times and not in the best interest of the City. She said the City can make that determination if they want story poles or ladder trucks, etc. If the Planning Commission or City Council calls for story poles on a project, than it needs to be done. However, this was not the time to regulate it nor was it necessary. Mayor Spiegel stated it was important that staff work with various organizations to hear their concerns and agreed with Mayor Pro Tern Kroonen to continue this item. Mayor Pro Tern Kroonen moved to, by Minute Motion, continue to a date uncertain in order for staff to meet with the DVBA and other interested parties. Motion was seconded by Harnik and carried by a 4-1 vote, with Benson voting NO. XIII. ORDINANCES A. For Introduction: None B. For Ado tion: None XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF $75,000 IN FACADE ENHANCEMENT PROGRAM CONSIDERATION FUNDS FOR SAXONY BUILDING (CURRENTLY CANYON BAJO BUILDING), LOCATED AT 74-399 HIGHWAY 111, PALM DESERT (Martec Investments, LP, applicant). Project Administrator Bryce Lynn White stated the proposed Facade Enhancement Application is for the Canyon Bajo Building, which is located on the south side of Highway 111 to the west of Deep Canyon Road. He displayed photographs of the building in its current state and as proposed. 13 March 16, 2012 Mayor Robert Spiegel Mayor, City of Palm Desert 73 -5 10 Fred Waring Drive Palm Desert, CA 92260 RE: Story Poles Dear Mayor Spiegel, 77-570 Springfield Lane Suite E Palm Desert, California 92211 (760)360-2476 Fax (760) 772-3372 On behalf of the Riverside County Chapter of the Building Industry Association Desert Region (BIA) and our 350 member companies, please allow me to express our concern regarding a proposed ordinance mandating the use of story poles. Story poles can be used as a planning tool in depicting the height and elevation of a proposed building. We see value in using story poles in this method and we support the voluntary use of story poles. However, we are concerned with the proposed mandate to require story poles on all projects exceeding 20% or more of the height standard. We encourage you to make the use of story poles a voluntary tool for new developments. Again, we respectfully request that the City of Palm Desert keep the use of story poles as a voluntary option. Please feel free to contact me on this matter. Sincerely, Bill Blankenship Chief Executive Officer �.s V s -S c� ov