Loading...
HomeMy WebLinkAbout1647 - ORDINANCES - 4/21/2004 ' ORDINANCE NO. 1647 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARD TO CHAPTER 94.00, SECTION 94.04.00, ARCHITECTURAL REVIEW, TO REVISE THE PERMIT PROCESS FOR ARCHITECTURAL APPROVAL APPLICATIONS AND CHAPTER 93.00, SECTION 93.13.00, HILLSIDE DEVELOPMENTS, TO REVISE THE PERMIT PROCESSING PROCEDURES FOR HILLSIDE DEVELOPMENT APPLICATIONS AND TO ESTABLISH ALTERNATIVE STREET STANDARDS FOR HILLSIDE AREAS, CITYWIDE. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 94.04.00 is amended to read as follows: 94.04.00 Architectural review. A. Legislative Intent. 1. It is declared that the City of Palm Springs is a city with unique characteristics, internationally well known for its spectacular topography, the respect for natural features in man- made structures, and ideal climate conditions. These characteristics have caused a significant number of visitors to come to Palm Springs with many visitors eventually becoming permanent residents, participating in both active and retired community life. 2. All of these factors constitute an important economic base for the city, both for those who earn their living here and for those who view the city as their most precious physical possession. To protect the economic welfare of the community, it is the policy of the city council of the city of Palm Springs to reaffirm its determination to protect, maintain and enhance the social and economic values created by past and present investments in the community by requiring all future development to respect these traditions and require that all buildings and structures placed on the land respect the natural land forms, and become a compatible part of the total community environment, both in the local neighborhood and in the city as a whole. 3. The city council finds that there exist in the city conditions which promote disharmony and reduce land and property values, and that the lack of appropriate guidelines for the design of new buildings and design of structures on the city' s main streets contributes to these conditions, and it further finds desirable the provisions of such guidelines for the protection and enhancement of land and property values, for the promotion of health, safety and general welfare in the community. 4. The City General Plan includes a Community Design Statement Relationship to Physical Setting Element which provides objectives and policies for design of public buildings, private buildings, streetscapes, landscapes, and exterior lighting. B. Purpose. The purpose of this section is to: 1. Recognize the interdependence of land values and aesthetics, and to provide a method by which the city may implement this interdependence to its benefit; 2. Encourage development of private and public property in harmony with the desired character of the city and in conformance with the guidelines herein provided with due regard to the public and private interests involved; Ordinance 1647 Page 2 3. Foster attainment of those sections of the city' s general plan which specifically refer to the preservation and enhancement of the particular character of this city and its harmonious ' development, through encouraging private interests to assist in their implementation; and assure that the public benefits derived from expenditures of public funds for improvement and beautification of streets and other public structures and spaces shall be protected by the exercise of reasonable controls over the character and design of private buildings, public buildings, street scapes, and open spaces. C. Planning Commission Architectural Advisory Committee — There is hereby established a planning commission architectural advisory committee which shall be a committee responsible to and appointed by the planning commission. The planning commission architectural advisory committee shall consist of one planning commissioner who shall be responsible for acting as a liaison to the planning commission architectural advisory committee. The planning commission shall appoint technical advisors to assist in reviewing detailed plans pursuant to this chapter. Technical advisors shall include three California licensed architects, one California licensed landscape architect, one other design professional, and additional technical members for a total of seven members. The planning commission shall also appoint up to two alternate members to ensure adequate representation at planning commission architectural advisory committee meetings. The planning commission architectural advisory committee shall meet on a regular basis as established by resolution and shall provide written recommendations to the director of planning services and the planning commission. The planning commission architectural advisory committee shall designate a chairman and vice-chairman. The planning commission architectural advisory committee shall be an advisory commission of the City, subject to the Brown Act, and may adopt rules and procedures by resolution. D. Planning commission architectural advisory committee Review Guidelines. The planning commission architectural advisory committee shall examine the material submitted with the , architectural approval application and specific aspects of design shall be examined to determine whether the proposed development will provide desirable environment for its occupants as well as being compatible with the character of adjacent and surrounding developments, and whether aesthetically it is of good composition, materials, textures and colors. Conformance will be evaluated, based on consideration of the following: 1. Site layout, orientation, location of structures and relationship to one another and to open spaces and topography. Definition of pedestrian and vehicular areas; i.e., sidewalks as distinct from parking lot areas; 2. Harmonious relationship with existing and proposed adjoining developments and in the context of the immediate neighborhood/community, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted; 3. Maximum height, area, setbacks and overall mass, as well as parts of any structure (buildings, walls, screens, towers or signs) and effective concealment of all mechanical equipment; 4. Building design, materials and colors to be sympathetic with desert surroundings; 5. Harmony of materials, colors and composition of those elements of a structure, including overhangs, roofs, and substructures which are visible simultaneously; 6. Consistency of composition and treatment; 7. Location and type of planting, with regard for desert climate conditions. Preservation of specimen and landmark trees upon a site, with proper irrigation to insure maintenance of all plant materials; 8. Signs and graphics, as understood in architectural design including materials and colors. 9. The planning architectural advisory committee may develop specific written guidelines to ' supplement the design criteria and carry out the purposes of this chapter. E. Procedures. 1. Architectural review shall be required for the following: Ordinance 1647 Page 3 ' a. All industrial, commercial, professional and residential structures and related landscape areas, except for single-family residences not located on major thoroughfares; b. Hillside developments, including all structures, grading, landscaping, and exterior lighting, in accordance with Section 93.13.00 (Hillside developments), which may require public hearings before the planning commission. c. Churches, governmental buildings and hospital and health facilities; d. Mobilehome parks and recreational vehicle parks (architectural approval shall not be required for individual mobile home or recreational vehicle sites); e. Tennis courts in all zones; f. Designated historic sites, upon referral by the historic site preservation board, and properties within designated historic districts not otherwise subject to Section 94.04.00; g. Entrance features and gates above the height allowed in front and side front setback areas subject to the findings that the limited height extension is architecturally acceptable, creates no interference with sight clearance or corner cut-off, and will cause no detrimental effects to adjacent properties in the vicinity. 2. Before any building or structure or landscape area described in subsection E of this section is erected, constructed, altered, moved, remodeled or repainted a color different than that existing, an application for architectural approval shall be submitted to the department of planning and zoning. An application for new construction and additions shall include a preliminary landscape plan and drawings showing the exterior elevation of sides of a proposed building or structure, the types of materials and colors to be used, and the signs to be displayed. The director of planning services may authorize staff approval of minor architectural approval applications, non-hillside single family homes, and sign programs and permits. Review and approval is as follows: a. Staff-level approvals -- Minor architectural applications which are acted upon by the director of planning services, or designee, shall include repaints, reroofs, walls, fences, entry features, signs, sign programs, landscaping plans, minor grading plans, exterior lighting plans, and additions which do not increase existing floor area by 40% for single family residential and 25% for all other development subject to this section. The director of planning services may consult with the planning commission architectural advisory committee in review of minor architectural applications. b. Staff Action Appeals -- The action of the director of planning services shall be final unless appealed to the planning commission within 10 working days. The appeal shall be in writing and, upon receipt and filing of appropriate appeal fee, the director of planning services shall schedule the item at the next regular meeting of the planning commission. The action of the planning commission shall be final unless appealed to the city council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code. c. Planning Commission Approvals — All other projects subject to this section shall be subject to planning commission review and approval after review by the planning commission architectural advisory committee without the need for appeal. Architectural applications may be placed on the planning commission consent calendar unless other discretionary actions are required. 3. The planning commission architectural advisory committee shall recommend approval, conditional approval, or denial to the director of planning services or planning commission. Applications shall be reviewed by the planning commission architectural advisory committee at the earliest stages of application review. 4. All applications submitted for architectural review for uses permitted by-right-of-zone ' applications that are exempt from the California Environmental Quality Act (CEQA) shall be scheduled for planning commission review within 45 days after it has been accepted as complete by the department of planning and zoning. All by-right-of-zone applications Ordinance 1647 Page 4 referenced herein shall be placed on the planning commission's next available agenda as a , consent approval item unless a public hearing is required. 5. A. All architectural applications for projects which are not uses permitted by-right-of- zone including but not limited to conditional use permits, planned development districts, subdivision maps, and projects that are not exempt from CEQA shall require a public hearing in accordance with existing procedures in place for the type of land use noted above. Architectural review applications which do not require any other discretionary applications shall be subject to the public hearing requirements in Section 94.02.00 for Conditional Use Permit. 5. B. Applications for architectural approval which require environmental assessments, environmental impact reports, and/or which also involve an application which requires a public hearing shall be submitted to the planning commission along with the recommendations of the planning commission architectural advisory committee. The planning commission shall review and consider the staff report, environmental documents, public written and oral testimony prior to taking action in accordance with appropriate city codes and ordinances. The decision of the planning commission is final unless appealed to the city council in accordance with Section 2.05 of the Palm Springs Municipal Code. For those applications which require city council approval, the recommendation of the planning commission shall be submitted to the city council in accordance with the appropriate city codes and ordinances. 6. Before an occupancy permit is issued, there must be full compliance with all requirements and conditions as approved by the city council, planning commission, planning commission architectural advisory committee, development committee or the director of planning services, public works director, and/or the building and safety manager. If for any valid reason full compliance cannot be made, a cash bond shall be posted for the work to be completed within a reasonable period of time as determined by the director of planning services, public works director, and/or building and safety manager. , 7. Planning commission and planning commission architectural advisory committee agendas shall be provided to designated neighborhood representatives in addition to any person who requests such notice. Persons who request agendas on a regular basis shall pay appropriate fees established by city council resolution. 8. Properties subject to architectural approval shall be maintained in a good, first-class condition consistent with the approval of the planning commission, planning commission architectural advisory committee, or the director of planning services. Such maintenance shall include, but not be limited to, the exterior of the building and grounds, including landscaping, parking and walking areas, exterior lighting and signing and all other features reviewed by the commission or the director of planning services. The director may, in appropriate circumstances, require the recordation of enforceable covenants containing maintenance requirements. Failure to maintain such property consistent with such standards shall constitute a public nuisance. F. Effective Date. An architectural approval shall become effective after an elapsed period of fifteen (15) days from the date of the decision by the planning commission or city council. G. Time Limit for Development. Unless otherwise stated by the planning commission or city council, the time limit for commencement of construction under an architectural approval shall be two (2) years from the effective date of approval. H. Extensions of Time. Extensions of time may be granted by the planning commission upon demonstration of good cause. Such extension shall be requested in writing and received prior to expiration of original approval. Retroactive time extensions submitted within six months of the original expiration date may be granted for good cause. Extension of time granted for companion cases such as conditional use permits, tentative maps or planned development district will also extend the architectural approval unless otherwise provided. Fees may be ' charged to process an extension request. (Ord. 1551 (part), 1995; Ord. 1500 (part), 1995; Ord. 1418 (part), 1992; Ord. 1347 (part), 1990; Ord. 1294 (part), 1988). Ordinance 1647 Page 5 ' SECTION 2. Section 93.13.00 is amended to read as follows: 93.13.00 Hillside developments. This section of the Zoning Code is intended to provide for the safe, orderly and aesthetically appealing development of hillside area. A. Definitions. 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 contains any portion thereof with a grade of ten (10) percent or more. B. Site Plan Approval 1. Applications for hillside development shall be processed as follows: a. Applications shall be prepared and submitted pursuant to Section 94.04.00 Architectural Review. b. Upon receipt of application, a written notice shall be mailed to all adjacent property owners informing property owners that an application for hillside development has been filed and that said application and associated plans are available for public inspection at the Department of Planning and Zoning. c. The Planning Commission shall hold at least one public meeting to review and consider the proposed application. At least 10 days prior to this meeting, a public meeting notice shall be mailed to all adjacent property owners and any members of the public who request notification. d. If the Planning Commission believes that it is merited, it may, at its discretion, require and set a public hearing date for consideration of the subject application. Such public hearing will require the payment of applicable fees for such hearings as established by City Council. ' The director of planning services may determine that a public hearing is required and forgo Item C above. e. Appeals — the procedure for appeal of hillside development decisions shall be pursuant to Chapter 2.05 of the Palm Springs Municipal Code. 2. Applications for remodel or minor additions to hillside development shall be processed as follows: a. Applications shall be prepared and submitted pursuant to Section 94.04.00 Architectural Review. b. Minor remodels and/or additions to the exterior of a building, site plan, grading, landscape, exterior lighting are additions which do not exceed 400 square feet, do not increase building height, do not involve substantial new grading, and do not substantially alter the appearance of the subject property. Minor remodels and additions may be approved by the director of planning services or designee. Notice to adjacent properties may be required pursuant to Section 93.13.00(B)(1)(b) above. c. Appeal of director of planning services decisions. The action of the director of planning services shall be final unless appealed to the planning commission within 15 working days. The appeal shall be in writing and, upon receipt and filing of appropriate appeal fee, the director of planning services shall schedule the application for the next regular meeting of the planning commission. The action of the planning commission shall be final unless appealed to the city council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code. 3. Applicant may submit preliminary plans, including accurate topographical maps and grading plans pursuant to Section 94.04.00, to the planning commission for approval before detailed engineering and architectural plans are prepared. Such plans shall deviate a maximum of one (1) foot above or below final grade. 4. In approving final plans, the planning commission may require conditions which in their opinion are necessary to protect the public health, safety and general welfare, and may include the following: Ordinance 1647 Page 6 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: i. Rock and soil exposure, ii. Size of building pads, iii. Design considerations, such as supporting stilts, colors and building arrangement, iv. Screening of parking areas, v. Landscaping plans, vi. Continuity with surrounding development, vii. Sensitivity to existing view corridors; b. Sewerage (Deleted by Ord. 1553); c. And such other conditions that will make possible the development of the city in an orderly and efficient manner in conformity with the intent and purposes set forth in this Zoning Code. C. Density. 1. The density and lot dimensions of the zone in which the property is located shall apply. 2. The area of both public and private streets shall be excluded in calculating net area of the site. 3. Any area of the site having a degree of slope of thirty (30) percent or more shall be excluded from the allowable area that may be allowed in computing total density. Such area shall be retained as open space. 4. In order to insure permanent retention of the open space, a covenant approved by the city attorney shall be recorded dedicating all building rights to the city of Palm Springs and insuring that such open space shall remain as shown on plans approved by the city of Palm Springs. D. Street Improvements. , 1. Hillside Collector Streets (Streets Serving More Than Four (4) Lots). Maximum grade is twenty (20) percent: provided, all grades over fifteen (15) percent shall be improved with six (6) inches of PCC pavement. Streets with grades in excess of fifteen (15) percent shall only be allowed for short distances. a. Improvements. i. Minimum right-of-way shall be forty (40) feet; however, all fill slopes must be contained within the right-of-way. ii. Curb to curb width shall be thirty-six (36) feet. A thirty-two (32) foot pavement width shall be allowed where lots exist along only one side. iii. Minimum radius shall be one hundred (100) feet. iv. Cul-de-sacs shall not exceed five hundred (500) feet in length. Minimum radius shall be forty (40) feet to property line. v. For exceptions to required improvements in subsection (D)(1) of this section, see Exceptions, Section 93.13.00(1). 2. Minor Hillside Streets (Streets Serving Four Lots or Less). Maximum grade is twenty (20) percent: provided, all grades over fifteen (15) percent shall be improved with six (6) inches of PCC pavement. a. Improvements. i. Minimum right-of-way shall be forty (40) feet; however, all slopes must be contained within the right-of-way. ii. Curb to curb width shall be thirty-two (32) feet. A twenty-eight (28) foot pavement width shall be allowed where lots exist along only one (1) side. iii. Minimum radius shall be eight (8) feet. iv. Cul-de-sacs shall not exceed five hundred (500) feet in length. Minimum radius shall be forty (40) feet to the property line. Ordinance 1647 Page 7 ' v. For exceptions to required improvements in subsection (D"2) of this section, see Exceptions, Section 93.13.00(1). 3. Curbs and gutters shall be six (6) inch PCC in accordance with city standards. An eight (8) inch curb shall be required when necessary to convey storm drainage. E. Drainage. No building site shall be approved for construction which does not have provisions for conducting water drainage from the site to a natural drainage course, a drainage channel or a public street in accordance with good engineering practice and in a manner approved by the city engineer. F. Sewerage Treatment. All building sites must be connected to the city's sewer system, unless exempted by the city council. G. Excavations. 1. The following requirement shall supplement (and supersede to the extend of any inconsistencies) the requirements of Chapter 70, (Excavation and Grading) of the Uniform Building Code, the grading ordinance of the city of Palm Springs currently in effect at the time of permit issuance. a. No excavation shall be permitted on any hillside prior to the approval of a site plan and a grading plan. b. A grading plan shall be submitted as a part of the application for site plan approval for hillside development. A preliminary grading plan shall be filed in compliance with the procedure set forth in Chapter 9.64 of the Palm Springs Municipal Code. c. No dirt or rock shall be allowed to be used for fill except in those locations approved by the excavation plan. Excess dirt or rock shall be carried to a disposal area designated on the grading plan or to an approved off-site location. 2. Blasting, in conjunction with an approved excavation plan, shall require approval by the director of public works and the fire department. H. Fire Protection. 1. In areas where there will be a fire hazard, in the opinion of the fire chief of the city of Palm Springs, unobstructed fire protection equipment access easements shall be required. The fire chief shall recommend to the planning commission where such easements are needed. 2. The fire department may recommend to the planning commission that fire-resistant building and landscape materials be used in hazardous areas. 3. Water mains and water systems shall be sized to provide sufficient water to meet the fire fighting requirements of the area involved. The fire chief shall review proposed systems in relation to the insurance services office standards for water systems and make recommendations to the planning commission. (Ord. 1553 (part), 1998; Ord. 1551 (part), 1998; Ord. 1347 (part), 1990; Ord. 1294 (part), 1988) I. Exceptions. 1. The Planning Commission or City Council may approve alternative street designs which could include reduced curb-to-curb widths, modified curb and gutter improvements, and any other such standard plan criteria provided the following criteria are met: a. That a minimum 24-foot travel way is provided. Additional improvements such as passing lanes, turning lanes, and traffic calming devices may be required. Alternative street sections may be considered provided adequate access and maneuvering area is provided for emergency response vehicles and waste disposal vehicles. b. That adequate sight distance (both horizontal and vertical) is provided. c. That the street section can adequately convey storm drainage or that alternative storm drainage facilities are provided to adequately convey storm drainage. Curbs and gutters, or ' alternative facilities to convey storm flows may be required. Edge of pavement, where curb and gutter is not required, shall be protected by a flat curb section to be approved by the Director of Public Works. Where curb and gutter are required to convey storm drainage, the City may Ordinance 1647 Page 8 consider wedge curbs, six-inch PCC curbs, eight-inch PCC curbs, or alternative designs which ' ensure that the public health, safety, and welfare is protected. d. That adequate street parking and/or off-street parking is available and that such parking will not interfere with the required travel way. e. Areas designated and approved for parking shall be improved to provide a dust-free condition and adequately compacted to allow for emergency vehicle parking. f. That parkways, parking areas, and other improvements are adequately improved and maintained to ensure that the public health, safety, and welfare are ensured for the life of the project. g. That roadways shall provide adequate access for emergency equipment and that the Fire Department may require upgraded fire protection systems both on and offsite to ensure the public health, safety, and welfare. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 4. PUBLICATION. The City Clerk is hereby ordered to and directed to certify to the passage of this Ordinance, and to cause the same or summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED THIS 21" day of April, 2004, AYES: Members Foat, McCulloch, Mills and Pougnet NOES: None ABSENT: Mayor Oden , ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City- Clerk / Mayor REVIEWED & APPROVED AS TO FORM: I HEREBY CERTIFY THAT THE FOREGOING Ordinance 1647 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 21" day of April, 2004, and same was published in the D SERT SUN, a newspaper of general Circulation on April 27, 2004. PATRICIA A. SANDERS City Clerk