HomeMy WebLinkAbout2/7/2007 - STAFF REPORTS - 5.B. �O pALM S.
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CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 7, 2007 NEW BUSINESS
SUBJECT: PRIORITIZE FUTURE AGENDA/STUDY SESSION TOPICS
(Docket Review)
FROM: David H. Ready, City Manager
BY: City Clerks Department
RECOMMENDATION:
1. Direct staff as appropriate.
2. Direct staff as to if the Council desires to have a Study Session on Wednesday,
February 14, 2007.
STAFF ANALYSIS:
Staff is requesting the City Council prioritize and set future agenda and study session
topics. Below are topics previously identified by Council and/or staff, and not yet
scheduled.
1. Zoning Overlay Program
Planning Commission has reviewed this issue, Planning Commission Report attached.
2. Undergrounding Ordinance—Assessment Funding Provisions
3. ON[ Steering Committee (Joint Meeting with City Council)
4. Conversions of Small Hotels to Condos (covered parking/substandard lots)
5. Short-Term Vacation Rentals
6. Campaign Sign Ordinance
7. Establishing a Policy of Public Benefits for Planned Development Districts (PDD)
The Planning Commission has adopted a recommendation for Council Review
S. Regulating Office Uses in the Historic Village Center
The City Council adopted a Urgency Ordinance 1701 (expires July 26, 2007), study
session would provide direction on an appropriate zoning text amendment.
mes Thompson, City CIerk David H. Ready, City r
ITEM NO.
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DEPARTMENT OF PLANNING SERVICES
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MEMORANDUM
Date: September 11, 2006
To: City Manager
From: Craig A. Ewing, AICP, Director of Planning Services
Subject: Planning Commission Discussion of Neighborhood Overlay Zones
On August 2, 2006, the Planning Commission dedicated their Study Session to the issue of
neighborhood overlay zoning. The neighborhood overlay is a localized zoning designation that
"sits on top" of the basic zone district and contains development rules custom tailored to its
area.
Customized rules are typically used to preserve existing character of a neighborhood (as
opposed to introducing some new condition) and are most often sought by established single
family homeowners. In Palm Springs, in-fill construction has caused some homeowners to seek
more rigorous zoning rules for their neighborhood than the basic R-1 standards. However,
neighborhood overlays raise several issues that need to be addressed so that unintended
consequences can be identified and avoided.
As part of their discussions, the Commission looked at examples from different cities and
considered these topics in their discussions:
What should be regulated? Examples from other cities included:
Height limits and how to measure height
Color and materials of new construction
Design review for vacant/teardown properties
Average setbacks or heights, based on adjacent development
How should the regulates work? Procedures from other cities included:
Neighborhoods propose their own local rules
Local zoning standards (lower height limits, etc.) are reviewed "over-the-counter"
Local design criteria are applied through City architecture review
First, the Commission considered if single family neighborhoods should be subject to any
localized standards in light of the architectural diversity of many neighborhoods. However, the
neighborhood overlay was seen as a useful tool, especially if the neighbors themselves
requested the overlay and determined its contents.
City Council Memo— September 12, 2006
Planning Commission Discussion of Neighborhood Overlay Page 2 of 3
The Commission concluded that the following eleven issues should be resolved if the City
enables neighborhoods to establish localized zoning requirements:
1. Set Specific Criteria for Overlay zones—The Commission began with the notion that any
overlay needs to include a specific set of criteria in advance —whether height or setback
standards, or specific design objectives for neighborhood character. An overlay should
not be an open-ended review that leaves applicants uncertain as to the basis for
obtaining project approval. However, the specific criteria should be developed from a
bottoms-up approach; that is, the neighbors should define what they want to control.
2. Require "Super-majority" of Residents — The Commission believed that a substantial
majority (at least 66%) of the residents should be on record in favor of creating an
overlay zone prior to any City action. This would force advocates to work out which new
standards would gain broadest local support before approaching the City. Additional
issues include whether or not a single person could represent a household, the form and
content of the petition and what type of publicity and outreach should be required.
3. Involve the Architectural Advisory Committee the Planning Commission and the City
Council — The Commission also recommended that any proposed overlay zone be
vetted by the AAC, the Planning Commission and the City Council prior to approval.
Since an overlay zone is a zoning code amendment, Commission review and Council
approval are required. Adding the AAC would be helpful in refining design-based
overlays and in evaluating the appropriateness of new setback or height standards.
4. Set a Term for the Overlay Zone — There was some Commission concern that an
established overlay zone should be 'tested' periodically to make sure that neighbors
continue to support it. A term (or"sunset" clause) was discussed where every ten years,
for example, the overlay was subjected to another super-majority petition. If the petition
for renewal could not be successfully submitted, the overlay could expire. The down-
side is that, should an overlay expires after some number of years, some property
owners will have been subject to tighter rules only due to the timing of their project.
5. Provide an "Opt-out" Provision —When presented with a petition, could a property owner
opt out of the overlay zone? The Commission debated whether or not an existing owner
could exempt their own property from an overlay's requirements. An opt-out provision
might improve the chances of gaining a super-majority at the petition stage, but would
also weaken the overlay's effectiveness. If too many people opted out, should the City
reject the petition? Also, opting out creates administrative challenges as the City must
maintain records of whose "in" and whose "out" of an overlay.
6. Require City-certified Neighborhood Organizations — It was the Commission's opinion
that proponents of an overlay zone be established under the City's neighborhood
program. This would assure that the advocates were not simply a single-issue group,
but were willing to organize for the neighborhood's long-term benefit with by-laws, etc.
7. Require Overlays to be Minimum Size—To avoid creating "spot" zones, the Commission
concluded that a minimum size — such as two acres — or clearly distinguishing physical
boundaries or other easily-recognized characteristic should be the basis for establishing
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City Council Memo— September 12, 2005
Planning Commission Discussion of Neighborhood Overlay Page 3 of 3
overlay areas. Staff notes that the City should also consider pre-approving the
boundaries of an overlay zone so that the petition is circulated on an acceptable overlay.
8. Require NOA review before City review— It was thought by the Commission that overlay
zones should have some form of project review at the neighborhood level prior to any
city review. This allows issues to be worked out among neighbors in advance of AAC,
PC or CC hearings. Much as happens with larger projects, the more that can be worked
out in advance, the better the project and process for all.
9. Determine Who Pays for Creating of Overlay — The Commission considered that the
creation of an overlay is both a zone text and map amendment, which carries an
application fee of over six thousand dollars. Shall the City require neighbors to pay the
application fee or does it wish to subsidize overlay applications from the General Fund?
Should the City also set an additional fee to cover the staff work needed to process
development projects within an established overlay zone?
10. Determine How New Buyers are Notified of an Overlay — Once an overlay zone is
established, new buyers may not be aware that special rules apply to their property.
Presently, the City does not advise new buyers about the zoning requirements for any
property, although many real estate agents and buyers will research the City's rules and
inquire about special provisions. Should the neighborhood association be obligated to
notify new owners about the overlay zone? Should it send a periodic reminder to all
residents within the overlay? One option would be to record the overlay with the County,
so that it appears on the title report; however, this would not be appropriate if an overlay
has a term that causes it to expire (see Issue No. 4, above).
11. Determine How to Deal with Neighborhood Organizations that Fade Out — Based on
many of the issues raised in this memo, the successful overlay zone would be
dependent on the existence of a strong neighborhood association. Experience tells us
that some associations are strong and sustained for many years. Others are dependent
on the volunteer work of a few members, and wax and wane over time. Still others are
strong for a few years — often organized around one or two issues — but then slowly
disappear. In the latter cases, how does the City ensure that the neighborhood remains
a steadfast proponent of the special overlay rules?
These issues suggest that the concept of neighborhood overlays requires significant additional
Council direction before an ordinance can be developed for review. Staff proposes that a
discussion item be placed on an upcoming Council agenda so that the Council may focus staff's
efforts on this matter.
cc: Tom Wilson, Assistant City Manager for Development Services
Lee Husfeldt, Director of Public Affairs