HomeMy WebLinkAbout3/7/2007 - STAFF REPORTS - 2.N. VAIMSA
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CITY COUNCIL STAFF REPORT
DATE: MARCH 7, 2007 LEGISLATIVE
SUBJECT: INITIATION OF ZONE TEXT AMENDMENT TO SECTION 94.06.01A.
(MINOR MODIFICATIONS) OF THE PALM SPRINGS ZONING CODE
RELATED SETBACKS ON MAJOR AND SECONDARY
THOROUGHFARES.
FROM: DAVID H. READY, CITY MANAGER
BY: Planning Department
SUMMARY
On February 21, 2007, the City Council responded to a resident's request for an
amendment to the Zoning Code regarding setback modifications for dwellings located
on Major and Secondary Thoroughfares. The request is to allow greater reductions
under the Minor Modifications process. The Council directed staff to place the request
on this agenda for formal initiation of a Zone Text Amendment.
RECOMMENDATION:
1. Initiate a Zone Text Amendment pursuant to Section 94.07.01.A.1.b to revise the
regulations for granting Minor Modifications to setbacks on Major and Secondary
Thoroughfares (Section 94.06.01.A).
STAFF ANALYSIS:
The Council may initiate an amendment to the Zoning Cade, under section
94.07.01.A.1.b, to revise the regulations for granting administrative minor modifications
to yard setbacks. A draft amendment would be reviewed by the Planning Commission
in a public hearing and forwarded to the City Council for final action. Alternatively, the
Council may give other direction to staff or the applicant.
FISCAL IMPACT: Ltinance Director Review:
No fiscal impact.
ITEivt NO.
. City Council Staff Report March 7, 2007
Initiation of Zoning Ordinance Text Amendment—Setbacks on Major!Secondary Thoroughfares Page 2 of 2
V
Crai ng, AICP Thomas J. Wils
Director of Planning fices Assistant City Manager, Dev't Svcs
David H. Ready
City Manager
Attachments:Zoning Code Section 92.01.03.131 (R-1 Property Development Standards)
Zoning Code Section 94.06.01 (Minor Modifications)
92.01.03 Property development standards. Page 1 of 1
B. Yards and Building Standards.
R-1-AH R-1-A R-I-B R-1-C R-I-D
1. Front yards:
Ia. Local/Collector street I25 25 25 25 25
b.Major thoroughfare SO 50 50 50 50
c. Secondary thoroughfare 25 25 25 25 25
d. Service road 25 25 25 25 25
e. Curve lot/Cul-de-sac 20 20 20 20 20
f. Special conditions
(See Section 93.01.00)
2. Side yards: 0 0 0 0 0
Ia.Interior ]0 10 10 10 7.5
b. Corner
(1)LocaVCollectorstreet 20 20 20 20 15
(2)Reverse on local street 25 25 25 25 25
(3)Major thoroughfare 50 50 50 50 50
(4)Secondary thorough fare 25 25 E:= 25 25
(5)Service road 25 25 25 25 ~ 25
( Special conditions
(See Section 93.01.00)
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94.06.01 Minor modifications. Page 1 of 2
Palm Springs Municipal Code
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TONING CODE
Chapter 94.00 PROCEDURES
94.06.01 Minor modifications.
A. When in the public interest, the planning commission or the director of planning and building, without publishing, posting or
mailing of notice and without public hearing, may consider and render decisions on slight modifications in the provisions of this Zoning Code,
limited to the following:
1. Allowance of one (1) additional dwelling unit on a lot in a multiple residential -none; provided, the lot area for such unit is fifty
(50)percent or more of the lot area per dwelling unit required in the zone All other dwelling units on the lot shall have the full lot
area per dwelling unit required in the zone;
2. Street Dedication.
When additional dedication for street widening is required by this Zoning Code for lots of record subdivisions, the front or side-
front setback requirement shall be reduced the same distance as that required for street dedication; provided however, in no case
shall the allowed setback be less than fifteen (15)feet;
3. Number of Units-
When additional dedication for street widening is required by this Zoning Code for lots of recorded subdivisions, the nutnber of
units allowed shall be calculated on the basis of the net area ofthe site before street dedication;
4. Reduction of lot area,lot dimensions,by not more than ten(10)percent of the required in the zone;
Reduction of yards (including the placement of antennas in required yards) and distance between buildings, or increase in lot
coverage,by not more than twenty(20)percent of the requirement of the zone;
6. Reduction of number of required parking spaces by not more than ten (10)percent as shown in Section 93.06.00(C);
7. Modification of wall, fence or landscaping not to exceed twenty (20) percent, where topography or noise impacts require such
modification;
8. Slope and Hillside Areas.
For areas with a grade of ten (10) percent or more, modification of building height to a maximum of thirty (30) feet and
modification of front yard to a minimum of ten (10) feet, upon approval of a site plan, elevations and a grading map showing
existing and finished contours. Approval shall be based on the finding that such minor modification will not have detrimental
effect upon adjacent properties;
9. Gates and Entrances
(Deleted by Ord. 1500);
10. Trash Enclosures.
When hardship is created by the provisions of Section 93.07,00, minor modifications may be applied for to alter the requirements
creating the hardship.When a site plan limits the ability to locate a trash enclosure outside required setbacks, a minor modification
may be approved allowing encroachment into the setback providing adequate screening can be achieved;
11, Mechanical Equipment in Residential Areas.
When a site plan limits the ability to locate mechanical equipment as set forth in Section 93-01.00, a minor modification may be
approved allowing further encroachment into the setback,providing, it is determined that such location will not have a detrimental
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94.06.01 Minor modifications. Page 2 of 2
effect on adjacent properties;
12. Nonconfortning Structures.
Existing legal nonconforming two (2) story structures located in an R-1 zone may be expanded by up to fifty (50) percent ol'the
second story floor area, subject to other applicable ordinances and architectural approval by the planning commission.
B. The following procedure shall apply to minor modifications. This procedure does not apply to subsections (A)(1)through (A)(3) of this
section,which shall be considered as automatic modifications when street right-of-way is dedicated to the city:
1. When the application for a minor modification is filed, a fee shall be paid in such amount as has been prescribed by resolution of
the city council, for the purpose of defi-aying the costs incidental to the proceedings.
2. Before the director may approve a minor modification pursuant to the provisions of subsections (A)(9) through (A)(12) of this
section,the director shall find, based on evidence presented,that the modification as approved will not have any detrimental effect
on neighboring properties. Before the director may approve a minor modification pursuant to the provisions of(A)(4)through (A)
(8)ofthis section,the director shall male all of the following findings,based on evidence presented:
a. The requested minor modification is consistent with the general plan, applicable specific plan(s) and overall objectives of
the zoning ordinance;
b. The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor
modification;
c, The approval or conditional approval of the minor modification will not be detrimental to the health, safety, or general
welfare of persons residing or working on the site or in the viciniry; and
d. The approval of the minor modification is justified by environmental features, site conditions, location of existing
improvements,or historic development patterns of the property or neighborhood.
The director shall male the decision in writing within five (5) days alter the filing of a complete application or after approval of
the planning commission. One (1) copy shall be mailed to the applicant and one (1) copy shall be filed with the chair of the
planning commission and the director.
3. 1f the applicant is dissatisfied with the decision of the director, he may reapply to the planning commission, pursuant to the
procedure set forth in Section 94.06.00.
4. Modifications approved by the planning commission in the course of approving a conditional use permit or a planned
development district shall not be subject to this section.
(Ord. 1698 § 1,2006,Ord. 1553 (part), 1999; Ord. 1551 (pan), 1998; Ord. 1500(part), 1995;Ord. 1294(part), 1988)
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