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HomeMy WebLinkAboutPC Resolution _6204- Case 5.1222 ZTARESOLUTION NO.6204 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND SECTION 93.13.00 OF THE PALM SPRINGS ZONING CODE RELATING TO HILLSIDE DEVELOPMENT WHEREAS, Section 93.20.00 of the Palm Springs Zoning Ordinance establishes regulations for the design, placement and use of signs; and WHEREAS, on February 11, 2009, the Planning Commission voted to direct staff to initiate a Zoning Ordinance Text Amendment (Case No. 5.1222) to address the definition of "hillside area; and WHEREAS, the Planning Commission conducted study sessions on the matter on April 7, October 6, and November 9, 2010 at which public meetings, the Commission considered staff reports on the options for defining a "hillside lot" under the Palm Springs Zoning Code; and WHEREAS, on January 26, March 23, and June 8, 2011, the Planning Commission conducted duly noticed public hearings on the proposed amendment, at which hearings the Commission carefully reviewed and considered all of the evidence presented in connection with the project, including but not limited to the staff report and all written and oral testimony presented, and WHEREAS, the Planning Commission hereby determines that the proposed Zoning Ordinance text amendment is Categorically Exempt under Section 15305 — Minor Alterations in Land Use Limitations — of the Guidelines for the Implementation of the California Environmental Quality Act and that the proposed amendment does not result in any changes in land use or density. THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS; Section 1: The Planning Commission hereby finds that adoption of the proposed Zoning Text Amendment would: a. Provide for a more comprehensive basis for the determining which lots within the City should be subject to review under Section 93.13 ("Hillside Developments"); and b. Provide a means for assuring that development on the sloping lots and higher elevations will be appropriately evaluated and reviewed. Section 2: The adoption of the proposed Zone Text Amendment would be consistent with the intent of the Zoning Ordinance and the City's General Plan because it provides: Planning Commission Resolution No. 6204 5.1222 — ZTA June 8, 2011 Page 2 of 2 A. Assurance that development in hillside areas does not cause adverse environmental or visual impacts. B. Protection of neighborhood character and public views of hillside properties by allowing for review of new development for excessive height or bulk. Section 3: Based upon the foregoing, the Planning Commission does hereby recommend to the City Council amendment of the Palm Springs Zoning Code to revise Section 93.13.00 as contained on the draft Ordinance attached hereto as Exhibit A. ADOPTED this 8t' day of June 2011. AYES: 6, Chair Caffery, Hudson, Conrad, Munger, Klatchko and Roberts NOES: None ABSENT: None ABSTAIN: 1, Donenfeld ATTEST: 4of wing, P PIv gServices CITY OF PALM SPRINGS, CALIFORNIA ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 93.13.00 OF THE PALM SPRINGS ZONING CODE RELATING TO THE DEFINITION OF "HILLSIDE AREA City_ Attorney's Summary This Ordinance adopts revised purpose statement, definition and review criteria for Palm Springs Zoning Code Section 93.13.00 by which the City would determine and review Hillside Development. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: Section 1. Section 93.13.00 shall be amended to read as follows: This section of the Zoning Code is intended to provide for the safe, orderly and aesthetically appealing development of hillside area. The purpose of this section is not simply to allow additional building height, but to assure that, to the greatest degree practicable, new and expanded development of hillside properties minimizes grading and site disturbance, follows existing land contours ("stepping"), reduces the physical and esthetic impacts of construction, and enhances existing landscaping and terrain. Section 2. Sub -section 93.13.00.A shall be amended to read as follows: For the purposes of this Zoning Code, the term "hillside area" is defined as any parcel of land within the city of Palm Springs which has any portion of the lot above the mean elevation of 500 feet or has an average grade of ten (10) percent or more, as calculated on the entire parcel excluding required yard areas. "Average grade" shall be "S" as computed on the net area of a parcel, excluding yards required by the underlying zone, by the following formula: S = 100*1*L A Where S = Average grade, in percent I = Contour interval, in feet L = Summation of length of all contours within A, in feet A = Area, in square feet, of the parcel being considered, less the area of all required yards. Section 3. Sub -section 93.13.B.4.a. shall be amended to read as follows: a. Architectural approval as governed by Section 94.04.00 of the Zoning Code. Such architectural approval shall consider, but shall not be limited to, the following: Grading and the exposure, movement and placement of rock and soils, Placement of building pads in relationship to site features and surroundings, iii. Architecture and design considerations, such as building arrangement, foram, massing, materials and colors, in relationship to existing land forms, contours ("stepping"), surrounding development and desert conditions, iv. Screening of parking and other impervious or disturbed areas, V. Landscaping plans in relationship to native flora and desert conditions, vi. Sensitivity of development to existing public views and view corridors; Section 4. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED this day of 2011. MAYOR ATTEST: JAMES THOMPSON, CITY CLERK APPROVED AS TO FORM: DOUGLAS HOLLAND, CITY ATTORNEY