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HomeMy WebLinkAbout1700 - ORDINANCES - 9/13/2006 ORDINANCE NO. 1700 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTIONS 92.21.1,00, 9221.1.01, 92.21.1.02, 92.21.1.03, 9221.1.04, 92.21.1.05, 92.21.1.06, AND 92.21.1.07 TO, AND AMENDING SECTION 91.00.10 OF, THE PALM SPRINGS ZONING CODE, RELATING TO THE ESTABLISHMENT OF REGULATIONS FOR ENVIRONMENTALLY SENSITIVE DEVELOPMENT AREAS, INCLUDING THE CHINO CONE. City Attorney's Summary This Ordinance creates a new zone district, the Environmentally Sensitive Area Specific Plan zone (ESA-SP), for the preservation of open space through the creation and implementation of development review considerations that will ensure the evaluation of the suitability of the land for development in a manner which would preserve the character of the land consistent with the policies of the City's General Plan. This Ordinance provides that the ESA-SP zone will be divided into Planning Areas as indicated on the Zoning Map. The ESA-SP zone will include the Chino Cone and the North Palm Canyon Drive north entry corridor upon adoption of the Ordinance. Other environmentally sensitive areas can be added by the City Council from time to time. A specific plan, allowing only sensitive and appropriate uses, densities, distributions, and design standards, is required for each Planning Area. All development will be required to be consistent with the adopted specific plan. The provisions of the ESA-SP zone will supersede any conflicting provisions of the Palm Springs Zoning Code and are required to be liberally construed to effectuate their purposes. The City Council of the City of Palm Springs ordains: SECTION 1 Section 91.00.10 of the City of Palm Springs Zoning Code is amended by adding the following definitions: "City Manager" means the City Manager of the City of Palm Springs or the designee or designees of the City Manager. "Ranchette" means a single family dwelling on a large lot, including land under open space or limited development easement or covenant. "Receiving Site" means a site which receives density pursuant to the provisions of this Code. 1 Ordinance No. 1700 Page 2 "Sending Site" means a site which has received a certification by the Director of ' Planning Services of density eligible for transfer to another site pursuant to the provisions of this Code. SECTION 2 Section 91.00.10 of the City of Palm Springs Zoning Code is amended by amending the following definitions: "Zoning Code" or "Zoning ordinance" or "Code" means the Zoning Code of the City of Palm Springs as described in Section 91.00.00 of the Zoning Code. SECTION 3. Section 92.21.1.00 is added to the Palm Springs Zoning Code to read: 92.21.1.00 "ESA-SP" Environmentally Sensitive Area Specific Plan Zone A. The ESA-SP zone is intended to provide for the development of environmentally sensitive areas of the City in a manner that will preserve the open, rural character of these areas while allowing development of ranchettes and clustered single- and multiple family or resort projects. B. The purpose of the zone is to facilitate the preservation of open space through the creation and implementation of development review considerations that will ensure the evaluation of the suitability of the land for development in a manner which would preserve the character of the land consistent with the policies in Section 92.21.1.05 of ' this Code. C. The ESA-SP zone is divided into Planning Areas" as indicated on the Zoning Map. The ESA-SP zone includes the Chino Cone, North Palm Canyon Drive north entry corridor, and other areas which the City Council may designate from time to time by ordinance. A specific plan, allowing only sensitive and appropriate uses, densities, distributions, and design standards, is required for each Planning Area. All development will be required to be consistent with the adopted specific plan. D. The provisions of the ESA-SP zone shall supersede any conflicting provisions of the Palm Springs Zoning Code. The regulations in this Section and 92.21.1.01 through 92.21.1.07 inclusive shall apply to those areas designated "ESA-SP on the Zoning Map and shall be liberally construed to effectuate their purposes. Specifically, the provisions of Section 94.03.00 (Planned Development District — PD) shall not be used to increase the density or intensity of development or modify design standards beyond that expressly permitted under the ESA-SP Zone or an applicable Specific Plan. SECTION 4. Section 92.21.1.01 is added to the Palm Springs Zoning Code to read: 92.21.1.01 Uses Permitted A. Uses Permitted in All Planning Areas. ' Ordinance No. 1700 Page 3 1. Single-family dwellings, not to exceed one (1) unit per forty (40) net acres, excluding for density calculation purposes all lands with slopes in excess of thirty percent (30%) or within established flood zones. 2. Accessory buildings and uses customarily incidental to the permitted use when located on the same lot therewith. It is unlawful to construct, erect or locate any accessory building without a permitted main building. Servants quarters, guest houses and accessory living quarters may be erected in detached structures but shall not be provided with kitchen arrangements or other provisions for meal preparation. 3. Home occupations subject to the provisions of Chapter 5.21 of the Palm Springs Municipal Code. B. Uses Permitted by Specific Plan in all Planning Areas The following uses may be permitted in all Planning Areas, subject to enactment of a Specific Plan by California Government Code Section 65450 et seq., as amended: 1. Single-family dwellings. 2. Multiple-family residential. 1 3. Public parks, recreational areas, and open space, but not to include places of assembly, except as otherwise permitted in this Chapter. 4. Resort hotels, hotels, condominiums, time-shares, including incidental or accessory commercial uses operated primarily for the convenience of residents and guests. 5. Nature centers, museums and other facilities that interpret and support the natural environment. 6. Accessory structures and uses customarily incidental to the above uses, located on the same lot therewith, and designed as an integral part of any residential or hotel facility, including: a. Athletic, sport and recreation clubs. b_ Country clubs, golf courses driving ranges, tennis and swimming facilities. C. Restaurants, not including drive-in, drive-through or fast-food establishments. Ordinance No. 1700 Page 4 d. Spas, subject to compliance with Chapter 5.34 of the Municipal Code. ' C. Uses Permitted by Specific Plan in Planning Area 5A In addition to the uses specified in Section B, above, the following uses may be permitted in Planning Area 5A, subject to enactment of a Specific Plan by California Government Code Section 65450 et seq., as amended: 1. Tourist-serving commercial activities, including retail goods and services primarily oriented to the traveler, including restaurants and entertainment. Community-oriented retail, such as a shopping center anchored by a grocery store, is not permitted for this site. SECTION 5. Section 92.21.1.02 is added to the Palm Springs Zoning Code to read: 92.21.1.02 Uses Prohibited All uses and structures not permitted in Section 9221.1.01 are deemed to be specifically prohibited. The following classifications of uses shall not be permitted in the zone by Commission determination: A. Commercial uses, excepting those otherwise provided for herein. ' B. Industrial Uses. C. Institutional Uses. D. Mobile Home Parks. E. Equestrian Facilities. F. Recreational Vehicle Parks. SECTION 6. Section 92.21.1.03 is added to the Palm Springs Zoning Code to read: 92,21.1.03 Property Development Standards -- Permitted Uses The following property development standards shall apply to all land and buildings in the ESA-SP zone for uses permitted under Section 92.21.1.01.A, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site. 1 Ordinance No. 1700 Page 5 A. Density 1 The allowable density shall be one dwelling unit per forty (40) acres. B. Lot Area Each lot shall have a minimum net lot area of twenty (20) acres- C. Lot Dimensions All lots hereafter created shall comply with the following minimum standards and lots now held under separate ownership or of record shall not be reduced below these standards. 1. Each lot shall have a minimum width of five hundred (500) feet. 2. Each lot shall have a minimum depth of five hundred (500) feet. D. Building Height 1. Buildings and structures erected for single family residential use shall have a height not greater than fifteen (15) feet above approved finished grade. The total height of the building or structure, measured from the approved finished grade immediately adjacent to the lowest point of the structure to the highest paint of the structure, shall not exceed twenty-five (25) feet. E. Yards 1. General Provisions. a. The provisions of Section 92,01.00 shall apply. 2. Front Yard. a. There shall be a front yard of not less than fifty (50) feet. 3. Side Yard. a. Each lot shall have a side yard on each side of not less than fifty (50) feet. 4. Rear Yard. a. Each lot shall have a rear yard of not less than fifty (50) feet. Ordinance No. 1700 Page 6 F. Distance Between Buildings The minimum distance between buildings shall be fifteen (15) feet except as ' otherwise provided in this section. G. Walls, Fences and Landscaping The provisions of Sections 93.02.00 and 94.21.1.06.F.3 shall apply, except that no more than one (1) acre of land per lot shall be enclosed by any wall or fence. H. Access The provisions of Section 93.05.00 shall apply. I. Off-street Parking The provisions of Section 93,06.00 shall apply. J. Design Standards All development shall be designed to comply with the Design Standards for the Environmentally Sensitive Areas, Section 94.21.1.05 of this Code. SECTION 7. Section 92.21.1.04 is added to the Palm Springs Zoning Code to read: , 92.21.1,04 Property Development Standards — Uses Subject to a Specific Plan The following property development standards shall apply to all land and buildings in the ESA-SP zone for uses permitted under Section 92.21.1.01.B. A. Requirement for Area-wide Specific Plan A Specific Plan submitted under this ordinance shall include not less than an entire Planning Area, except Planning Area 3. A Specific Plan submitted for Planning Area 3 shall include not less than ten (10) acres. Minor adjustments to Planning Area boundaries may be allowed. B_ Density and Open Space 1. The following dwelling unit densities and requirements for open space are established for the Planning Areas within the ESA-SP. For purposes of calculating densities of hotels and other tourist accommodations, a hotel room or similar unit shall count as 0.70 of a residential dwelling unit: Ordinance No. 1700 Page 7 Planning Maximum Allowed Minimum Required Open Minimum Required Open Maximum Floor Area Area Density Space—All Forms Space— Undeveloped 1 Go to Base Zone(One DU /40 Acres) 2 2 D U /Acre 72% of Project Area 35 % of Project Area 5,D00 SF/DU 3 Tribe Specific Plan 4 2 DU /Acre 72% of Project Area 35% " 6,000 SF/ DU 5 6 DU /Acre 72% " " " 35 % " 2,000 SF/DU 5A 0.25 Floor Area Ratio Not Applicable Not Applicable Not Applicable 6 1.5 DU /Acre 79% of Project Area 40 %of Project Area 6,000 SF/ DU 7 Go to Base Zone (One DU /40 Acres) 8 2 DU /Acre 72% of Project Area 35 % " " " 5,000 SF! DU 9 1 DU /Acre 81% " 40 % " 8,000 SF/DU 2. Undeveloped open space shall exclude all lands with slopes in excess of thirty percent (30%) above the toe of slope, and shall be limited to natural and renaturalized land, and hiking trails. Dedication for public access shall be provided to undeveloped open space_ 3. Floor area shall include all enclosed and covered structures, including all habitable space, garages and carports, solid roofed patios, porte cocheres and other solid roofed accessory buildings and structures. Open, uncovered patios, driveways, walkways, water and landscaping features shall not be included. 4. Remaining open space may include roads and other paved accessways, recreational facilities, golf courses, landscaping, water features and other uncovered features. 5. In all Planning Areas other than Planning Area 5A, commercial uses shall not exceed 15% of the total floor area of the development (including all residential and hotel units). For purposes of calculating commercial density, all leasable commercial space shall be counted, including retail, restaurants, pro shops and convention space. Common facilities, such as lobbies, rest rooms, general service areas and management offices shall not be included. 6. In Planning Area 5A, total enclosed building area shall not exceed a Floor Area Ratio of 0.25.C. 7, In Planning Area 9, lands within the floodplain and lands exceeding 30% slope shall be excluded from the density calculation. It is expected that remaining land available for calculation of density is approximately 244 acres. Ordinance No. 1700 Page 8 C. Building Height ' Buildings and structures erected for single family residential use shall have a height not greater than fifteen (15) feet above approved finished grade. The maximum height of the building or structure, measured from the approved finished grade immediately adjacent to the lowest point of the structure to the highest point of the structure shall not exceed twenty-five (25) feet. For all buildings, the maximum allowed height shall be as established by the applicable adopted Specific Plan. D. Lot Area, Lot Dimensions, Yards, and Distance Between Buildings Development standards shall be as established by the applicable adopted Specific Plan. E. Walls, Fences, and Landscaping The provisions of Sections 93.02.00 and 94.21.1.05.H.3 shall apply. Development standards for walls, fences, and landscaping shall be as established by the applicable adopted Specific Plan. F. Access ' The provisions of Section 93.05.00 shall apply, except as may be modified by the applicable adopted Specific Plan. G. Off-street Parking The provisions of Section 93.06.00 shall apply, except as may be modified by the applicable adopted Specific Plan, H. Design Standards All development shall be designed to comply with the Design Standards for Environmentally Sensitive Areas, Section 94.21.1.05 of this Code. SECTION 8. Section 94.21.1.05 is added to the Palm Springs Zoning Code to read: 94.21.1.05 Design Standards The purpose of the ESA-SP zone is to protect environmentally sensitive lands by ' establishing standards for the design, construction, operation, and maintenance of development projects. The design and preparation of the site shall have as their first Ordinance No, 1700 Page 9 Objective the minimal disturbance of the underlying landforms, site topography, and surface environment of the affected Planning Area. Any proposed project shall introduce development which appears and functions as an integral part of the site's natural environment. To protect environmentally sensitive land, all development projects within any Planning Area shall be subject to a design review process with the following components A. Environmental Analysis Concurrent with the submission of any proposed project application for a specific plan, tentative map or building permit application, an environmental analysis shall be prepared and submitted to the City. The analysis shall include a map and text which identify all major and minor environmental conditions on the subject site and major environmental conditions in the surrounding area, including lands within 500 feet of the site, with the surrounding area subject to final determination by the Director of Planning Services. At a minimum, the analysis shall identify and describe the following subjects: 1. Geologic Conditions. 2. Cultural Resources- 3. Topographic Conditions. 4. Unique Rock Formations and Mineral Deposits. 5. Drainage Patterns and Local Watershed Boundaries. 6- Minor and Major Water Channels. 7. Significant Landscape Features, Oases, etc. 8. Flora and Fauna. 9. Non-native Plant Species, 10. Significant Animal Species. 11. Prior Development History. 12. Existing Development. A plan for the removal or other treatment of boulders shall be prepared as part of the Specific Plan and evaluated in the associated Environmental Impact Report. The analysis provides the basis for project site planning, and the applicant shall design and locate proposed development to minimize impacts on environmental conditions. Ordinance No. 1700 Page 10 B. View Analysis ' Concurrent with the submission of any proposed project application for a specific plan, tentative map or building permit application, a view analysis shall be prepared and submitted to the City. The analysis shall include a map, photos and text which identify views of the project site from the North Palm Canyon Drive, Tram Way and other viewpoints, with the actual viewpoints subject to final determination by the Director of Planning Services. At a minimum, the analysis shall address the following related to the selected viewpoints: 1. Areas of the subject site which are visible. 2. Areas of the site which may be screened or otherwise oriented so as not to be visible. 3. Potential building envelopes (volumes)that would not be visible. 4. Strategies for maintaining existing screening features. 5. Strategies for implementing and maintaining proposed screening features. A three-dimensional graphic representation of final build-out shall be required as part ' any Specific Plan application, including scale model, computer simulation or Similar presentation. All proposed grading, including roads and parking lots; and all structures, including habitable and non-habitable buildings, storage tanks, and all walls shall be shown. The analysis provides the basis for establishing the locations and heights of structures and other support features, and the applicant shall locate proposed development to minimize off-site views of the project. C. Trails Analysis Concurrent with the submission of any proposed project application for a specific plan, tentative map or building permit, a trails analysis shall be prepared and submitted to the City. The analysis shall include a map and text which identify all existing trails and all proposed trails within the project area. Existing trails shall include public trails established by dedication of easement or similar conveyance and trails established by use. D. Mandatory Standards The following standards shall apply to all development in Environmentally Sensitive Areas and shall not be modified by any Specific Plan. Ordinance No. 1700 Page 11 1. Mass grading to create large, single-level flat pads is prohibited. 2. Pad heights are not significantly raised beyond the natural topography. Any pad height more than 2 feet above natural topography may be deemed significant. 3. The Master Plan of Drainage shall be implemented. 4. Retention basins are prohibited where a sufficient Master Plan of Drainage has been implemented. Street and site plan layout shall follow natural terrain. 5. Streets and paving areas are paved with decorative or colored concrete or pavers to match color of existing terrain. Asphaltic concrete shall not be allowed. 6. No street lighting is allowed. 7. Vegetation removed for utility construction or maintenance is replaced with appropriate landscaped areas. 8_ All utility lines are located underground, except screening from public view in a manner that represents natural desert landscaping may be allowed when undergrounding is not feasible. 9. All water lines located in public or private street rights-of-way are located within the pavement sections. 10. Water lines located outside of rights-of-way require waterline easements. 11. Any visible portion of a water storage facility has an exterior color to match surrounding native stone, soil color or backdrop. 12. Location and design of water storage facilities are coordinated in advance with the Desert Water Agency. 13. Water tanks are not located on slopes greater than 3:1. 14. All wastewater lines, including force mains, located in public or private street rights-of-way are located within the pavement sections. 15. Wastewater lines located outside of rights-of-way require sewer line easements that include full vehicular and equipment access. 16. All exterior colors, materials and finishes blend with the color and texture of surrounding stone or soil. 17. Reflective building materials are not used. Solar panels shall be non- reflective. Ordinance No. 1700 Page 12 18. The forms of buildings, structures and other improvements are not repetitive, but respect and interpret the forms of the surrounding landscape and present a custom design appearance. 19. Stepped elevations and floor levels are used to avoid massive building forms and wall surfaces. 20. All exterior mechanical equipment is screened with material that complements the surrounding structures and environment. 21. Project gates, if proposed, shall be limited to vehicular access control only. 22. Project signage shall be designed to blend with the natural environment. 22. No curbs shall be allowed_ 21 At least one nature interpretive center in each Planning Area shall be provided as part of the development of the public trails system, if applicable. E. Site Preparation The design and preparation of the site shall have as their objective: The minimal disturbance of the underlying landforms, site topography and surface environment of the Chino Cone and adjacent areas, and the introduction of development which appears and functions as an integral part of the site's natural environment. The following principles describe how the objectives for site preparation would be fulfilled. 1, Guiding Principles: Grading a. New development is designed to follow existing slopes and contours. b. Cut-and-fill techniques to create flat development pads is avoided. c. Slopes do not exceed 1 '/2 to 1. d. Retaining walls are limited to: 1. Retaining walls that are part of a building foundation. 2. Transition retaining walls taper from a maximum height of five (5) feet with a maximum overall length of twenty-five (25) feet. Ordinance No. 1700 Page 13 3. Walls are screened with boulders or other materials, as approved by the Specific Plan. e. Retaining elements composed of boulders, berms or other non- manufactured materials provide variation in form and a natural appearance. 2. Guiding Principles: Drainage a. Project drainage follows best practices, while maintaining the natural run-off and channel characteristics- b. Development preserves existing drainage patterns, natural streams and local watershed boundaries. c. Drainage volumes in existing channels are not increased over natural levels. d. Sedimentation characteristics of existing drainage channels are maintained. e. Natural, non-manufactured materials are used to assure the stability of drainage channels. f. The natural vegetation density and diversity of existing channels are maintained. g. No ponding of water occurs above out or fill slopes- h. Surface drainage interceptors are provided at the top of out or fill slopes to prevent erosion of slopes and graded areas. i. All erosion control, and surface and sub-surface drainage facilities are designed to provide stable and long-term erosion protection. j. Manufactured drainage facilities are covered or screened with boulders and other materials to produce a natural appearance. F. Street Design The design and placement of street and roads shall have as their objective: The appearance of streets and roads as long strips of pavement crossing natural slopes and contours shall be minimized, and their design and construction shall minimize intrusions into local natural conditions. The following principles describe how the objectives for street design would be fulfilled: Ordinance No. 1700 Page 14 1. Guiding Principles: Location of Streets and Roads. a. Streets do not divert or block primary historical drainage patterns. b. The vertical profile of streets are aligned to closely match the existing natural terrain. c. Habitat connections and view corridors are not interrupted by streets. d. Curvilinear alignments and gently rolling profiles are consistent with site topography. Excavations and embankments are limited to the greatest extent possible_ e. Street alignments are located to avoid stands of vegetation, rock outcroppings and other significant natural features_ 2. Street and Parking Design a. Minimum public street widths are 22 feet with no on-street parking. Off-street guest parking is located and provided in sufficient numbers to support the project. b. Road shoulders widths are composed of crushed native rock. ' Additional width may be required to accommodate drainage swales or, where necessary, concrete gutters. Drainage swales shall be composed of large stones and native soil. C. Street intersections are not located within the alignment and floodplain of major or minor water channels nor within boulder clusters or other sensitive environmental features. d. Shoulder slopes match pavement cross slope where roadway cross-slopes are used to control drainage. e. Maximum slope gradients within 10 feet of the roadway edge do not exceed 4:1 for fill slopes and 3:1 for cut slopes. f. Maximum height of cut and fill slopes, including any retaining walls, is 8 feet. Retaining walls are the minimum height necessary to meet this standard. g. Roadway slopes do not create a continuous wall or cut / fill condition, but vary in height and present an undulating appearance consistent with the natural slope. Ordinance No. 1700 Page 15 h. Slopes are rounded to blend into the existing terrain to produce a contoured transition. i. Street design accommodates stormwater runoff, as required by a Hydrology Study approved by the City Engineer. When used, concrete closely matches adjacent paving materials. Standard grey concrete material shall not be allowed. j. Street design not meeting public street standards for sections, widths, materials or other factors may be required to be constructed and maintained as private streets. All streets on the Chino Cone are recommended to be private, except collector streets, as indicated in the Specific Plan. 3. Sidewalks a. No sidewalks are allowed, except only as may be required to conform to state and federal accessibility requirements. Accessible pathways shall be paved with decorative or colored concrete, pavers, or other approved materials. G. Utilities The location and installation of utilities shall have as their objective: The minimal disturbance of the underlying landforms, site topography and surface environment of the Chino Cone, and the introduction of services and utilities which appear as an integral part of the site's natural environment. The following principles describe how the objectives for site preparation would be fulfilled: 1. Guiding Principles: General Criteria for Utilities a. Utilities are located to minimize any degradation to the key natural features identified on the Environmental Analysis. b. Utility crossings do not obstruct or constrict drainage courses. c. Utility corridors requiring frequent maintenance are not located within significant riparian, vista or habitat corridors. 2. Guiding Principles: Water Distribution Lines a. Water meters are located adjacent to driveways and shall minimize impacts on environmental conditions. b. Water lines only cross water channels within street rights-of-way. Ordinance No. 1700 Page 16 3, Guiding Principles: Water Storage Facilities ' a. Water storage facilities minimize impacts on the surrounding environment. 4. Guiding Principles: Wastewater Collection Lines a. Wastewater lines avoid side or rear yard areas and out or fill slopes- b. Wastewater lines are not located within areas subject to inundation by a 100-year storm flow, unless approved by the Director of Public Works. c. Wastewater lines only cross water channels within street rights-of- way, and only when no other viable solution is available. 5. Guiding Principles: Other utilities a. All utility lines are located within public or private street rights-of- way, but may be located outside of pavement areas- H. Site Planning and Design The site planning and design of development shall have as their objective: The minimal disturbance of the underlying landforms, site topography and surface environment of each Planning Area and any adjacent Planning Area, and the introduction of buildings, structures, and landscaping which appear and function as integral parts of the site's natural environment. The following principles describe how the objectives for site planning and design would be fulfilled. 1. Guiding Principles: General Criteria The following elements are preserved in the site plan: a. Natural features, environmental functions and cultural features, as determined by the Environmental Analysis. b. View corridors, as determined by View Analysis. c. The existing and proposed trail system. d. Natural topography. , Ordinance No. 1700 Page 17 1 e. Natural vegetation. f. Natural water channels and drainage ways. g. Significant visual features, such as peaks, ridgelines, rock outcrops, boulder fields, and significant stands of vegetation. 2. Guiding Principles: Design a. Development of Planning Area 5A harmonizes with and does not overshadow Visitors Center. b. Buffers in setbacks fluctuating between 75 to 125 feet (average 100 feet) are developed on properties fronting North Palm Canyon Drive to screen development from motorists' views. c. Buffers in setbacks fluctuating between 50 to 75 feet (average 62.6 feet) are developed on properties fronting Tramway to screen development from motorists' views. d. All rooftops in Planning Areas 5 though 8 are screened from highway view using berms, landscape materials and setbacks. e. Passive solar control is incorporated into the architecture. Recessed window and entry openings and deep roof overhangs are examples. 3. Guiding Principles: Walls and Fences a. Perimeter or property boundary walls and fences are avoided . b. Site walls and fences enclose the minimum area necessary to provide privacy or code compliance (swimming pools, etc.). C. Walls and fences do not cross significant desert vegetation, water channels or significant topographic features. d. Walls are designed to avoid unbroken lines, using undulations, offsets, notches and similar features. e. Walls and fences are screened with landscaping and boulders to minimize visual appearance. 4. Guiding Principles: Lighting Ordinance No. 1700 Page 18 a. Exterior lighting fixtures are shielded to eliminate off-site views of ' any direct light source. All lighting is directed downward with no up- lighting of landscaping. b. Maximum height for commercial, free-standing lighting fixtures is eighteen (18)feet. 5. Guiding Principles: Landscaping a. The plant palette for any project is limited to drought-tolerant plants, except as may be approved within a Specific Plan. Invasive plants are not used. b. Landscape lighting is not allowed, except as may be approved within a Specific Plan. c. Irrigation is of a non-spray design. d. Turf areas are not visible from street views, except as may be approved within a Specific Plan. 6. Guiding Principles: Energy Conservation a. Comprehensive energy conservation and green building principles are incorporated into project design, construction and operation. I. Findings Required for Approval. Any application for development project within the ESA-SP zone may only be approved if, in addition to the findings contained in Section 94.04.00 of the Palm Springs Zoning Code, the following findings are made: 1. The project demonstrates a complete and integrated vision for design, operation and use through the use of exemplary site planning, architecture, landscape architecture, materials and color principles and techniques. 2. The project is harmonious with, adapted to, and respectful of, the natural features with minimal disturbance of terrain and vegetation. 3. The project is properly located to protect sensitive wildlife habitat and plant species, and avoids interference with watercourses, arroyos, steep slopes, ridgelines, rock outcroppings and significant natural features. 4. The project will be constructed with respect to buildings, accessary structures, fences, walls, driveways, parking areas, roadways, utilities and all ' other features, with natural materials, or be screened with landscaping, or be otherwise treated so as to blend in with the natural environment. Ordinance No. 1700 Page 19 5. The project utilizes landscaping materials, including berms, boulders and plant materials which, insofar as possible, are indigenous and drought-tolerant native species. 6. The project grading will be terrain sensitive and excessive building padding and terracing is avoided to minimize the scarring effects of grading on the natural environment. 7. The project meets or exceeds open space area requirements of this Section and in accordance with the conservation plan, and adequate assurances are provided for the permanent preservation of such areas. 8. The project provides the maximum retention of vistas and natural topographic features including mountainsides, ridgelines, hilltops, slopes, rock outcroppings, arroyos, ravines and canyons. 9. The project has been adequately designed to protect adjacent property, with appropriate buffers to maximize the enjoyment of the subject property and surrounding properties. 10_ The project will not have a negative fiscal impact on the City or its citizens. SECTION 9. Section 92.21.1.06 is added to the Palm Springs Zoning Code to read: 92.21.1.06. Specific Plan Requirements for Development in ESA-SP Zone A. Before any land within a Planning Area may be subdivided pursuant to the Subdivision Map Act (Government Code §§ 66410, et. seq.), a Specific Plan shall be prepared and adopted for the entire Planning Area to provide a comprehensive land use plan complying with the goals and policies of the General Plan and the requirements of the ESA-SP zone. Each Specific Plan shall include a detailed land use evaluation as provided in this Section. An Environmental Impact Report ("EIR") is required for each Specific Plan, Each EIR shall include a full discussion of land use alternatives and shall address planning considerations and relationships with surrounding properties. B. Each Specific Plan shall contain a land use element, a circulation and traffic element (including roadway and trail design and planning), water conservation element, recreation and open space element (including habitat mitigation), public service and infrastructure element (including a fiscal impact analysis of the effects of development on the City), and such other elements as the Council may require. In order to ensure that development within a Planning Area will not have an adverse or negative impact on the City, a Specific Plan can require a Development Agreement to ensure the provision of services and improvements or the payment of fees, charges, or assessments to offset any negative or adverse financial or fiscal effects on the City or its ability to provide services to the future residents of the Planning Area and City as a whole. Ordinance No. 1700 Page 20 C. Each Specific Plan shall identify those areas within the Planning Area that are to ' remain as undeveloped open spaces, such as undevelopable slopes and natural landmarks, etc., and which are to be used for game preserve, wildlife corridor, passive recreational, or open space purposes, may be offered, through dedication, to a governmental jurisdiction, or to a not-for-profit land trust, conservancy, or similar organization whose charter allows for the ownership of development rights which will preserve the natural open space in perpetuity. In the event the public agency, or City, or land trust, conservancy, or similar organization does not accept such an offer (of if such an offer is not made), the Specific Plan shall provide regulations for the ownership and care of the open space in such a manner that there can be necessary protection and maintenance thereof. Such area shall be provided with appropriate access and shall be designated as separate parcels which may be maintained through special fees charged to the residents of the subject development or through an appropriate homeowner's association or maintenance district. Where appropriate, maintenance in perpetuity shall be guaranteed through the bond of the developer or continuing funding by the developer's successors. D. A Specific Plan for a Planning Area within the ESA-SP zone may only be approved if, the following findings are made: 1. The development provided in the Specific Plan is harmonious with, adapted to, and respectful of, the natural features with minimal disturbance of terrain and vegetation. 2. The development within the Specific Plan is properly located to protect sensitive wildlife habitat and plant species, and avoids interference with watercourses, arroyos, steep slopes, ridgelines, rock outcroppings and significant natural features. 3. The development provided in the Specific Plan will be constructed with respect to buildings, accessory structures, fences, walls, driveways, parking areas, roadways, utilities and all other features, with natural materials, or be screened with landscaping, or be otherwise treated so as to blend in with the natural environment. 4. The development provided in the Specific Plan utilizes landscaping materials, including berms, boulders and plant materials which, insofar as possible, are indigenous and drought-tolerant native species. 5, The grading of land within the Specific Plan will be terrain sensitive and excessive building padding and terracing is avoided to minimize the scarring effects of grading on the natural environment. 6. The Specific Plan preserves open space areas to the maximum extent permitted by this Section and in accordance with the conservation plan, and ' adequate assurances are provided for the permanent preservation of such areas. Ordinance No. 1700 Page 21 7, The Specific Plan provides the maximum retention of vistas and natural topographic features including mountainsides, ridgelines, hilltops, slopes, rock outcroppings, arroyos, ravines and canyons. 8. The development provided in the Specific Plan has been adequately designed to protect adjacent property with appropriate buffers to maximize the enjoyment of property within the Specific Plan and surrounding properties. 9. The development provided in the Specific Plan will not have a negative fiscal impact on the City or its citizens. SECTION 10. Section 94.21.1.07 is added to the Palm Springs Zoning Code to read: 9.4.21.1.07 Transfer of Density The purpose of this Transfer of Density section is to maximize the preservation of open space, significant views, and other valuable characteristics of property within the ESA-SP zone by allowing the re-distribution of development rights among properties and between Planning Areas. A. Transfer Between Properties Within any Planning Area, allowed residential development density may be transferred from any one property to another on a one-to-one basis, subject to approval of a Specific Plan. Density transfers shall be reviewed for the effect of such transfers on increasing open space, preserving views, minimizing grading or other land disturbance and reducing the expenditures for public services to the development. B. Transfer Between Planning Areas Between any Planning Areas, allowed residential development density may be transferred with a bonus of 1.2 units at the receiving site for every unit from the sending site, subject to approval of a single Specific Plan for all Planning Areas subject to the transfer. Density transfers shall be reviewed for the effect of such transfers on increasing open space, preserving views, minimizing grading or other land disturbance and reducing the expenditures for public services to the development. C. Density Transfer Performance Standards 1. Density transfers shall not be allowed to Planning Areas, 2, 3, 6, or 7. 2. Density transfers to Planning Areas 5, 8, or 9 shall only be allowed from Planning Areas 1 through 9 inclusive. 3. For any receiver site, the applicable Specific Plan shall be prepared to include an amendment to the applicable permitted land use densities of the Palm Springs General Plan. Ordinance No. 1700 Page 22 SECTION 11. Legislative Intent. The purpose of this Ordinance is to implement the goals and policies of the General Plan and to achieve the following objectives for all environmentally sensitive areas: A. To allow a limited amount of development while preserving to the greatest extent possible the mountain vistas and open space which provide the foundation for the City's standing as a world class resort and retirement destination. B. To maximize compact growth, thereby maximizing natural open space and protecting against the resultant adverse impacts, such as air, noise, and water pollution, traffic congestion, destruction of scenic beauty, and disturbance of the ecology and environment. C. To protect and conserve hillside ecosystems, through the retention of unique natural topographic features and hillside characteristics, including drainage patterns, streams, slopes, ridgelines, rock outcroppings, vistas, natural vegetation, and the habitats and migratory routes of animals. D. To maximize the retention of the City's natural topographic features, including, but not limited to, mountainsides, mountain faces, skyline profiles, ridgelines, hilltops, hillsides, slopes, arroyos, ravines, canyons, prominent vegetation, rock outcrops, view corridors, and scenic vistas, through the careful limitation and selection of building sites and building pads on said topographic features, thereby enhancing the beauty of the City's landscape. E. To assure that use of the City's natural topographic features for development will relate to the surrounding topography and will not be conspicuous and obtrusive because of the design and location of any development use. F. To ensure the safety of the public, and to ensure that the placement, density, and type of development within the City's Environmentally Sensitive Areas is suitable to the topography of the existing terrain, that proposed developments will provide for minimal disturbance of the existing terrain and natural habitat, and that the natural site characteristics will be retained wherever practicable. G. To minimize the scarring effects of excessive grading for roads, building pads, and cut and fill slopes. H. To encourage diverse, unique, and architecturally interesting buildings, structures, and other improvements and prohibit tract and other repetitive housing development. SECTION 12. CEQA Finding. The City Council hereby finds that there is no evidence, ' in light of the whole record before the City, that the adoption of this Ordinance may have Ordinance No. 1700 Page 23 a significant effect on the environment. The City Council further finds that this Ordinance establishes densities and intensities of use that are less intense or dense than those provided in the adopted General Plan for the City and which were covered adequately by the prior environmental impact report prepared in conjunction with the adoption of the General Plan. In addition, the regulatory processes as provided in this Ordinance involve procedures for the protection of the environment and will assure the maintenance, restoration, enhancement, and protection of the environment which exceed the processes and procedures provided in the current General Plan and the City's Zoning Code consistent with the requirements of the California Code of Regulations Section 15308. In addition, this Ordinance requires detailed environmental analysis to be prepared when or if specific plans are proposed for Planning Areas and such deferral of environmental review to the time a specific plan is proposed is consistent with the requirements of 14 California Code of Regulations Section 15183. SECTION 13. Application and Grandfathering. This Ordinance shall not apply to any project which has been previously approved by the City or its constituent boards, commissions or officials so long as such approvals remain valid, nor shall it apply to any application For discretionary land use development entitlements, zoning variances, or where the Director of Planning Services has, prior to the effective date of this Ordinance, scheduled a complete application for consideration by the applicable legislative body of the City for public hearing and possible action. 1 SECTION 14. Annexation Policy. In order to ensure consistent application of the policies and of this Ordinance in all environmentally sensitive lands within the sphere of influence of the City, including lands within the unincorporated areas adjacent to the City, the Council determines that it shall be the goal of the City to bring all unincorporated land lying along North Palm Canyon Drive from US Interstate 10 to Tramway Road under the jurisdiction of the City of Palm Springs and to apply the regulations of this Ordinance to such areas, and accordingly the City shall vigorously pursue annexation of such areas. SECTION 15. Liberal Construction. The provisions of this Ordinance shall be liberally construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety, and convenience. SECTION 16. Severability. It is the intention of the City Council that the sections, subsections, clauses, and phrases of this Ordinance are severable, and if any portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity or the remainder of the Ordinance, and the City Council would have enacted such remainder without the portion found to be invalid or unconstitutional. SECTION 17. Publication. The Mayor shall sign and the City Clerk shall certify to 1 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. Ordinance No. 1700 Page 24 PASSED, APPROVED, AND ADOPTED this 131h day of September, 2006 i Ron Oden, Mayor ATTEST: -1 ,lames Thompson, City Clerk CERTIFICATION: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do ' hereby certify that Ordinance No. 1700 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on September 6, 2006 and adopted at an adjourned regular meeting of the City Council held on September 13, 2006 by the following vote.- AYES: Councilmembers Mills, Pougnet, Mayor Pro Tem Foat, and Mayor Oden. NOES: Councilmember McCulloch. ABSENT: None. ABSTAIN: None. ?mes Thompson, City Clerk f Palm Springs, California 1