HomeMy WebLinkAbout2006-07-26 STAFF REPORTS SS1 ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADDING SECTIONS 92.21.1.00, 92.21.1.01, 92.21.1.02, 92.21.1.03,
92.21.1.04, 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.
CityAttorney's Summary
i
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 Highway 111 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.
.�Cletcd:5141 J]I
,Lmo4
o-712 cPI ZQo to
�f--.ems �---►^'� � .
"Sending Site" means a site which has received a certification by the director of
planning and community development 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— . Deleted:concentrated
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, Highway 111 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 9221.1.01 is added to the Palm Springs Zoning Code to read:
92.21.1.01 Uses Permitted
A. Uses Permitted in All Planning Areas. Deleted:5141 7-1¶ 1
51419T 1
2
I:IV�I....................... ..
exceed one
t per
excluding forr densitydwellings,aculationoturo uses all lands with is slopes nyexccess of thirty Formatted:Indent:Left' 0.5",First 1
ne: a"
percent(30%).
2. Accessory when located on same lot therewith. It ris nlawfulatoocoh construct,
eredct use- ( FoemLattede indent eft: s° Frst l
buildingsY P ll
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.
occupations3. Home J P l Form a' •5'b First
Springs Municipal Cod J
e subject to the provisions of Chapter 5.21 of the Palm---- Fom,atted:Indent:Lcrc• o )
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,
3.places of alit parks, recreational areas, and open space, but not to Include" - Fo[line rmaatted:Indent --p p I Left: a.5",First
4. Resort hotels, hotels, condominiums, time-shares, including incidental or--- - Formatted:Indent:Left:
accessory commercial uses operated primarily for the convenience of residents Fne: o° ---
and guests
5- Nature centers, museums and other facilities that interpret and support the- - — Formatted:Indent:Lei, ,57
natural environment (Foe, o'
6 Accessory structures and uses customarily Incidental to the above uses Formatted:Indent:Left o.5",Fl sc
located on the same lot therewith, and designed as an integral part of any line, o"
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; 1
15141eted:514197-11(.......... ...........J
3
... . --..... .. .. ... .
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:
y Tourist-serving g 0.5',rest
primarilyrientedto the traveler,
activities,
restaurantsding aonddent entertainment. ne; 0'. umi:rcr:
Community-oriented retail, such as a shopping center anchored by a grocery
store, is not intended for this site-
SECTION 5. Section 9221.1.02 is added to the Palm Springs Zoning Code to read:
92.21.1.02 Uses Prohibited
All uses and structures not permitted in Section 92.21.1 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.
A. Density Deleted:514197-1¶
514197.1 - -
4
The allowable density shall be one per dwelling unit be 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— Formatted:indent Left: o",first l
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. uildin s and structures erected for single family residential use sa '. .. '. Deleted:Excluding non-habitable
�.. . .9. 9 Y idtil shall-
arch lectuml prolccliona b
have a
not greater than
teen
ove approved
The total heiothf of the building orfst uctu e) measubred from the app oveddfinished '.•. •linemOttea.i aent e r os° rin,
i l
grade immediately adjacent to the lowest point of the structure to the highest Deleted:, J
point of the structure,shall not exceed twenty-five (25)feet. . ..... ... Deleted:except
• Yards General Provisions. (Deleted:Formatted:
atu,Font:12 Pr . .
a The provisions of Section 92.01.00 shall apply. Deleted:that not more than twenty-
rive pereem(35%)of total floor area
may have a height not greater Than
2, Front Yard. ninht°°n(1a)foot
Deleted:the maximum height of the
a. There shall be a front yard of not less than fifty(50)feet. po°°re from lowest pointo highest
3. Side Yard. eWla,ng height shall to measured
from the approved finished grade
immediately adjacent to the structure¶
a. Each lot shall have a side yard on each side of not less than fifty (50)feet. 4
4. Rear Yard. Deleted:eaaLot Coverage¶
Lot anca covomd by building or
a. Each lot shall have a rear yard of not less than fifty (50)feet structures shall not exceed eight
thousand(5 gdg)square feet IF
F. ,Distance Between Buildings. v
... . .......... . .... Deleted:
51d197-111
1
5514197,
5
` - --------------------------------------------------------------------------------------------.....------------------------------
The minimum distance between buildings shall be fifteen (15) feet except asp — (Formatted:Indent.Left: 0 First
otherwise provided in this section. l line. 0.s"
G. Walls, Fences and Landscaping.
The provisions of Sections 93.02.00 and 94.21.1.06-F.3 shall apply, except that- -(Formatted:Indent'LerC 0",riI t 1
no more than one (1)acre of land per lot shall be enclosed by any wall or fence l line, 0.5" J
Deleted: oriandscape screen
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- Formatted:Indent:Lcrt: 0 First
gnvironmentally Sensitive Areas, Section 9421.1-05 of this Code. ine: Ds^
- - - ---------- '
Deleted:Chino Cone/Hi
i Entry Corridor ghway 111
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 01.6.
A. Requirement for Area-wide Specific Plan
A Specific Plan submitted under this ordinance shall include not less than am Formatted:Indent.Left: 0 Fret
entire Planning Area, except Planning Area 3. A Specific Plan submitted for Planning onr 05"
Area 3 shall include not less than ten (10) acres.
8. Density and Open Space
1. The following dwelling unit densities and requirements for open space are--- Formatted:Indent Left: 0 s',First 1
established for the Planning Areas within the ESA-SP. For purposes of line: 0" __
calculating densities of hotels and other tourist accommodations, a hotel room or
similar unit shall count as 0.70 of a residential dwelling unit:
Deleted: 14 97-t5
614197.1
` -------.... . ------.....-
}i+IU51
Planning Maximum Allowed Minimum Regwred Ooen Minimum Required Open Maximum Floor Area
Area Density Space Forms Sao Undevelg ed
1 Go to Base Zone(One DU/40 Acres)
2- 2 DU/Acre 72°h gf Prgiect Area 35%Of Project Area 6 000 SF/DU
3 Tribe Specific Plan
4 2 DU/Acre 72°%Of Pno tl:t Arra 35I 6000 SF/DU
5 6 DU/Acre 72% 35% " 2 000 SF/DU
5A 0 25 Floor Area RatO Not Applicable Not Applicable Not Applicable
6 1.5 DU/Acre 79%of Project Area 40°/of Project Area 6,000 SF/DU
7T Go to Base Zone(One DU 140 Acres)
8 2 DU 1 Acre 7 Yq-nf, Prgiect Area 35 0/6 6 000 SF/DU
9 1 DU/Acre 81% 40-/, 8000 SF/DU
Formatt
2. Undeveloped open space shall exclude all lands with slopes in excess of (oeedeaiann Indent
tn
Left: 1"
p p p p g rea 2 subject to
thirty percent (30%) above the toe of slope, and shall be limited to J=iatural and Shadow Rock Snccific Plan¶
renaturalized land, and hiking trails. wall nnin'gsArea 7 defined by existing
Formatted:Indent.Left: 0.5",First
3. Floor area shall include all enclosed and covered structures, including all-," (line. 0^ J
habitable space, garages and carports, solid roofed patios, porte cocheres and Deleted:vacsnt undeveloped
other solid roofed accessory buildings and structures. Open, uncovered patios, :Formatted:Indent:Left: Q.5",First
driveways, walkways, water and landscaping features shall not be included.
4. Remaining open space may include roads-and other paved accessways, �rormatted Indent:Left OS,First
l l
- " - In •
recreational facilities, golf courses, landscaping, water features and other e 0
uncovered features. (Deleted:be dcveiopmenL for
5. In all Planning Areas other than Planning Area 5A, commercial uses shall--- {Formatted:Indent:Let: 0.5",Fir5t
not exceed 15% of the total floor area of the development (including all line o"
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.
.r Deleted:¶
6. In Planning Area 5A, total enclosed building area shall not exceed a Floor Area ¶ 9 1
Ratio of 0.25,C........building Height �Deleted::Exc a Excluding nO h1b'lpole_ J
. ....... a e Break..
Jch ,b
Pulldings and structures erected For single family residential use Shall have a. : Fortnattcd.Indent.Le([, o,First
height not greater than fifteen (15)feet above approved finished grade. The maximum (line 0.5" ]
height of the building or structure, measured from the approved finished grade I Deleted:,except that the f
1 Deleted: 1.711f
51419 '.._._...ed:5149........._�.... --_...
7
.. ..............-------------.....------.....-------........ ...
Immediately adjacent to the lowest point of the 'tructure to the highest point of the
not
Po nt
structuFor all l,bu lding� dthe maximum allowed-height shall be as established by the '• ePa shotnot ore of Th hoorapplicable adopted Specific Plan. [Deleted:
res may have a height not greater
han a ghteen(18)fact
.."eg L .
• Formatted:Indent:Left: 0",First....---a -- Deleted:,..
D. Lot Area, Lot Dimensions, Yards, and Distance Between Buildings line Deltl Deleted:
of
her
Development standards shall be as established by the applicable adopted•, '„ mon-singler�milY
Specific Plan.
Deleted;Building height shall be
moas'uretl from the
E. Walls, Fences,and Landscaping. Deleted;nalurul or
The Deleted;approved Finished grade
oe;lt�° ,, hlchever is lower I e�
Development standards for walls, fences, and landscaping shall be as established byy 1
the applicable adopted Specific Plan. �� °dalcl seen[to Na-
p provisions o actions 93.D2.D0 and 99.21.1.05.F.3 shall a I y mm ^ ^Baal w°° 1,
F. Access.
Formatted:Indent'Leh, 0",First
line: 0.5"
JFormatted!Indent'Left. 0",First
The provisions of Section 93-05.00 shall apply, except as may be modified by the e: 05..
applicable adopted Specific Plan, Formatted;Indent Left: 011,FirSt
(Ilne 0.5" l
G. Off-street Parking.
The provisions of Section 93.06-00 shall apply, except as may be modified by they--- Formatted:Indent,Left 0 FQ
applicable adopted Specific Plan. line: 0.5"
H. Design Standards
l Ead onmentlly Sensitive SECTION 8. Sectionr9421.1 05 is added to the Section 94.21.1.05,gf hDeleted:Pallm Springs Zoning Code to •: Deleted:
ra°r°can i gn aYiit-1
1. __
94.21J,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
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
8 DcICKrd:5t419 -
r- -------------------- - ----------------
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 —(Formatted:indent:Left o First 1
plan, tentative map or building permit application, an environmental analysis shall be l°ne o.5" J
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
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. JVon-native Plant Species oerexed:Significant
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 they — (Formatted:indent:4eft 0" ]
Specific Plan and evaluated in the associated Environmental Impact Report.
The analysis provides the basis for project site planning, and the applicant shall design— Formatted:mdene icrr o^
and locate proposed development to minimize impacts on environmental conditions.
B. View Analysis
g fJ n
l
Concurrent with the submission of any proposed project application for a specific•- - - Formatted:Indent'Left O',Rr,
plan, tentative map or budding permit application, a view analysis shall be prepared and ilne OS'
submitted to the City. The analysis shall Include a ma y berated. an-0-way
views of the project site from the Highway 111 Tramway and other dv ewpo ntshwithnthe �_
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- - Forma nod;Indent.Leh. o s r L
to be visible; me: o^
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 structures, including habitable and non-habitable buildings, storage
tanks, and retaining 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"--- Formatted:Indent:left: o',First
plan, tentative map or building permit, a trails analysis shall be prepared and submitted nz: Os° )
to the City. The analysis shall include a map and text which identify all existing trails
and all proposed trailswithin the project area. Existing trails shall include public trails -- ba�etcd:wlmfnmcenlrceESASP
established by dedication of easement or similar conveyance and trails established by =ono
use.
o[ ,,..,..,.
. - _ Page Break-
-----
MandatoYV Standards " ------{Formatted:BulleIs and Numbering
The followlnq standards shall apply to all development In Environmentally- - Farmattede Indent.Len: o Firsc
Sensitive Areas and shall not be modified by any Soeclfic Plan.
1. Mass grading to create large, single-level flat cads is prohibited.
2. Pad heights are not significantly raised beyond the natural topography.
Deleted:5141e7-1
dI07.1
10
3. The Master Plan of Drainage shall be implemented,
' 4. No retention basins_ are allowed-Street and site ❑Ian layout shall follow
i natural terrain.
5. Streets are paved with decorative or colored concrete or pavers Asphalt
1 concrete shall not be allowed.
1
I
6. No street lightinq Is allowed
' 7. Vegetation removed for utility construction or maintenance Is replaced with
appropriate landscaped areas
' 8. All utilities are located underground or screened from public view in a
manner that re resents natural desert landscaping.
9. All water lines located in oublic or private street ricilhIS-cf-way are located
within the pavement sections.
10. Water lines located outside of rights-of-way,require waterline easements,-
i
11. Any visible portion of a water storage facility has an exterior color to match
surrounding native stone, rock,, still color or backdrop
12. Location and design or water storage facilities are coordinated in advance
with the Desert Water Agency,
13. All wastewater lines, including force mains, located in public or private
street rights-of-way are located within the pavement sections.
14. Wastewater lines located outside of rights-of-waV recluire sewer line
easements that include full vehicular and eouipment access.
15. All exterior colors, materials and finishes blend with the color and texture
of surrounding stone rock or sod
16. Reflective building materials are not used Formatted:Bullets and Numbering
17, The forms of buildings, structures and other improvements are not-- ' '" Formatted:Dulle1sand Numbering
rep_etdlve, but respect and interpret the forms of the surrounding landscape and
present a custom design appearance.
18. Steoped elevations and floor levels are,used to avoid massive building Fo ma@ed:Bulle and Num6erlllp ]
forms and wall surfaces � - - -
neieted:5iais7-1¶
5141 fl7 1
11 . . _--
19- All exterior mechanical equipment is screened with material that• -(Formatte d:Bullets and Num6erinp
comizilcments the surroundincl structures and environment.
E. Site Preparation
The design and preparation of the site shall have as their objective: The minimal•— Formatted:Indent.Left: o^ �
disturbance of the underlying landforms, site topography and surface environment of the
Chino Cone, and the introduction of development which appears l n describe how the c
tions as an
integral part of the site's natural environment. The following-p_ : p____-__-_--__..._. ; icted:I J
objectives for site preparation would be fulfilled.
1. Guiding Principles: Grading
a. New development is designed to follow existing slopes and contours.
b. Gut-and-fill- --techniques to create flat developmentpads is avoided_------ FDelebed�:
e b. Men9 adin- ---- --- ---- to voilepads Is avoided
c. Slopes-do-not exceed_ 1 /3 to 1. -_____ -____---- --------- -------
t r art of a building foundation ;Pik Phy naued hey n toe eying
uhl natural
d. Retaining Walls are Retaining wallsdtha are p g Do1��`Padhm�hua d, �^
2. Transition retainingwalls taper from a height of five 5 feet (p�V
with an overall length of twenty-five 25 feet. °eretl sc
p ( ) red: n:ening snap de —
ed
3. Walls are screened with boulders or other approved
Materials-
a. Retaining elements composed of boulders, berms or other non-
manufactured materials provide variation in form and a natural
appearance.
2. Guiding Principles: Drainage {Formatted:Indent.Flrst line: 4.5"
a. Project drainage follows best practices, while maintaining the natural--- tab
Formatted:mdeni.Left: r;
run-off and channel characteristics. t 9 : a zs Labs: Lzs List
[ah+No[a[ 1"
b. Development does not adversely impact drainage patterns and local
watershed boundaries.
c. Drainage volumes in existing channels are not increased over natural
levels. Deleted-..514t9_.. .7-1
12
r . ...................... ..
oolLL 1
i d. Sedimentation characteristics of existing drainage channels are
maintained.
i
e. Natural, non-manufactured materials are used to assure the stability of
drainage channels.
i f. The natural vegetation density and diversity of existing channels are
maintained.
9• J t0 p ondlng of water occurs above cut or fill slop es Deleted:g 9e1enhon basins are....
Cosigned nas integral pans of site
' slopes to preven p °"m° 3d e �nq
In, Surface drains a interceptors pare provided at the to of cut or fill
t erosion of sloes and areas. (Fo mattes:Bullet.and Num6enng )
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-
, .- Street Design [Deleted:E
The design and placement of street and roads shall have as their objective: The•----- f Formatted:Indent Left: 0",FirSL 1
appearance of streets and roads as long strips of pavement crossing natural slopes and hne ns°
contours shall be minimized, and their design and construction shall minimize intrusions
i
into local natural conditions.
The following principles describe how the objectives for street design would be fulfilled: (Formatted:Indent:Ldh 0,
_.
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 to preserve and protect historical drainage
patterns.
c. Pabitat connections and view corridors are not interrupted-_by (Deleted:significam h )
streets.
d. Curvilinear alignments and gently rolling profiles are consistent with
site topography. Excavations and embankments are limited to the
greatest extent possible.
beleted:514197-1¶
13
l
514197.1
.....
.. ............
e. Street alignments are located to avoid stands of vegetation, rock
outcroppings and other significant natural features.
_ - Deleted:Street and silt plan layout
2. Street and Parking Design avoid uinrolo-baded streets(douule.
frontage lots). $trWs scrve lots on
both sides(single fromage lots)
• a. Minimum public street widths are 24 L22? feet with no on-street unless site cuss zcctions and a
dob0cd slope analysis democslntc
parking. Off-street guest parking Is located and provided in that single-loodedstreets more
sufficient numbers to support the project. closely follow natural
b. Road shoulders widths are composed of crushed native rock.
Additional width may be required to accommodate drainage Swale$ rI
' ry� g "------" - Dave Baraklan `ecessyry7 $cc
or, where necessary, concrete utters. c0mmcet[CII:N
r _
C. Improved shoulders are composed of large stones or rocks and
clean, native Comment;[C2]:Nccessery7 See
topsoil, Dpve$a akian
d. 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.
I
e. ;Shoulder slopes match pavement cross slope where roadway
cross-slopes are used to control drainage._ eomment
--- [C7]:Npcaaaary See
Dave Bara r
f. Maximum slope gradients within 10feet of the do not ---
--
- - _ -_
exceed 4:1 forp and 3:1 for cut Slopes. 11101['Pre a y�i a�ldnP as e
slope:
g. 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.
i, 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.
j. Slopes are rounded to blend into the existing terrain to produce a
contoured transition.
k.
D letcd:Streets are paved with
conhvc or colored concrete at
pavers. Asphalt concrete shall not be
I. Street design accommodates stormwater runoff, as required by a allowed
Hydrology Study approved by the City Engineer. When used,
concrete closely matches adjacent paving materials. Standard grey
concrete material shall not be allowed.
Deietcn:514197-11'
s1419�.1
14 - - -
----------------.... ............... .
M. 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 Deleted:3. streetlighungq
11
a. No street lighting is allowed11
a. No sidewalks are allowed, except only as may be required to n
conform to state and federal accessibility requirements. Accessible
pathways shall be paved with decorative or colored concrete,
pavers, or other approved materials.
G. Utilities (Deleted:F ]
objective:The [Formatted:Indent:Left: d"
disturbance ofathe underlying ng laonfdforlmsssiteatopography and lsurfac environment ofhe Fpm atte
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- Formattcd:Indent:Left o" ]
fulfilled. W�
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. Formatted:Indent:First line: 0"
,{ Deleted.Installation of ulildms and
b. y - -g. n ...........-nstr..t na_e.,', r Deleted:
ell cm nor do not rgsull in slop,
courses. corridors surface subsidence
t_IIt_ - cro_ss_ln s__ o not obstruct or constrict rains e•', ry � )
ed:¶
c. Utility corridors reguirinq frequent-maintenance arc not located Deleted:washes )
:Vegetation removed for
. . . .P.... .. .. .......... .. ....... ...... . . .. ... .... replaced
construction native ce s l
within significant riparian, vista or habitat corridors. replaced with a mr aai maintenance
Is
1
2, Guiding Principles: Water Distribution Lines Deleted:All utaihas are located
underground in
a rid or rcreaned from public
manner that represents
y sed lan .
adjacentdrivewaysminimizea
ImpaCtS on environmental conditions. Deleted:All water lines located In
public or private street nghte•of woy
a o Iocalcd within the pavement
b. Water lines only cross water channels within street rights-of-way. sections q
V
It Watcrlinoslocatodoutsideof
3. Guiding Principles: Water Storage Facilities rights-of-way regwre waledm,
casoments.¶
4
Deleted;514197-11 --- ---1
51A1fl7.1 J
15
---------------------------
- --------------.............................. ....
n:!.
a. Water storage facilities minimize impacts on the surrounding
environment.
i b. Tanks are not be located on slopes greater than 3;1,--,_-- oa
4. GuidingPrinciples: Wastewater Collection Lines atOne
...... ... .... . ........ IcFcd:Any visible portion Df a
' sIoragc Facility has an exterior
' to match surrounding nahvc
1 p ,rock Or sail color¶
' LDcIcted:Location sntl design of
n lied I Facilities ea. Wastewater--lines- eyoid_ side or rear yard areas and cut or fill needlnadvancewrthlhc
slopes. water _
beletod:All wastewaier llnes,
• b. Wastewater lines are not located within areas subject to inundation Includipg force mains,located In
b a 100- ear storm flow, unless approved b the Director of Public are public ote dwith svhe pave •pavement
Y y pp Y are located within the pavement
iWorks. sections¶
11
b. Wastewater lineslocalcd outside
C. Wastewater lines only cross water channels within street rights-of- of right,-ef-way,require sewer line
' way, and onlywhen no other viable solution is available. casements that include V1 chicular
and equipment access¶
9
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.
�1._ Site Planning and Design_ Deleped:c
minimalhdistuerbancelnofand theesign u derrllyinngvelopment la dforms,hall siteave as their topography bandhvsurface �Fnemosea:mdenc-Left o^,rrst 1
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-- - [Portnatted:Iedent:Left c,
be fulfilled.
1. Guiding Principles: General Criteria
The following elements are preserved in the site plan to the maximum extent
feasible:
a. Natural features and environmental functions, as determined by the
Environmental Analysis.
b. View corridors, as determined by View Ar lysls.
e, The existing and proposed trail system.
Dclote514197d:514197-11
- 1
514t9��
16 -
d. Natural topography,
e. Natural vegetation.
f. Natural water channels andArainage ways---- - ----- - - - --- --- Deleted:Water )
Deleted:natural
g. Significant visual features, such as peaks, ridgelines, rock outcrops, )
boulder fields, and significant stands of vegetation.
2, Guiding Principles: Design
a. pevelopmer of Planning Area 5A harmonizes with and does not DeleLed:Allcxtcrior color materials
overshadow Visitors Center.
'"""""""""' """"""" and finishes blend with the Calpr and
texture of surrounding stone,rock or
soil ¶
b. Buffers in setbacks of 75 to 125 feet are developed on properties IT
Reflective building malenal3 an;not
fronting Highway 111 to screen development from motorists'views. uacd If
11
The forms of buildings structures and
c. Buffers In setbacks of 50 to 75 feet are developed on properties other imprevemcnU art not rcpettive,
frontino Tramway to screen development from motorists' views but respcct and interpret the forms of
the surrounding landscape and
present a custom design appearance
d. All rooftops In planning Areas 5 Lhough 8 are screened from highway IT
soppad alevasoria and floor levels
view using berms, landscape materials and setbacks are used to mold massive building
fors and wall surfaces.¶
If
e. Passive solar control is incorporated into the architecture. Recessed All exterior mechanical equipment is
window and entry openings and deep roof overhangs are examples" screened with material that
Complements the surrounding
strucWre^antl environment 4
33. Gwdin Princ les Walls and Fenc a Guiding Principles: Development
............_9..........P..................................es..... Along Highway 111¶
71
a. Perimeter or property boundary walls and fences are avoided (Deleted.the zone
Deleted:G
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
Deleted:514197-111
514197 1
17 — --
.;.,a ----------------------------------------- ----
a. Exterior lighting fixtures are shielded to eliminate from 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 (Deleted:6 1
a. The plant palette for any project is limited to drought-tolerant plants, -.-.'l CelLbod; native to the immediate
except as may be approved within a Specific Plan. Invasiveplants are vicinity
not used. - - {Deleted:ornamental
b. Landscape lighting is not allowed, except as maybe approved within a-_-- • Deleted!� Hydrqsvvdln9 is net
Specific Plan. used,cxccpt for approved turf areas¶
(c. Irrigation is of a non-spray design- Formatted:Bullets and Numbering
J. Lawns are not visible from street views, except as may be approved
within a Specific Plan.
Guid . - -- ❑svesl ee Ymcsd a:SeR sausbwjeimctm toin tgh pocolryl Aoin Principles: Energy Conservation .... .................. . Im llrfa hon
Sprinos pool drain, vCnnit ¶
a. Comprehensive energy conservation principles are incorporated ----�
------- Deleted:Solar energy panels are
into project design, construction and operation, imegreted Into the design of buildings
slruclums and landscape plans¶
9
b Mechanical equipment is not
J. Findings Required for Approval "-"' --- Ioceled on nw meand is integralcd
'--' - into the design of buildings structures
Intl landscape plans¶
Any application for development project within the ESA-SP zone may only be, , tl
approved if, In addition to the findings contained in Section 94.04.00 of the Palm c Pools and spas are saltwater
Springs Zoning Code, the following findings are made: [Deleted:H
Formatted:Indent Left: 0",First jl
[
1. The prolect_demonstrates acomplete and Integrated vision for design, line: 0 S"
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, accessory
_ 1 structures, fences, walls, driveways, parking areas, roadways, utilities and all Deleted s14197-1¶
—J
18 51419.71 ._..
i
other features, with natural materials, or be screened with landscaping, or be
otherwise treated so as to blend in with the natural environment.
' 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 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.
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 el R tea:5_1 i �� q
L
r 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.
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, 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.
Deleted:
.
oele[ed:574197-1¶
fl7 1
Jpmkr............... ................
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.
• 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:
94.21.1.07 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 development density — residential units and-- Formatted:indent:Left 0',nrst Jl
commercial floor area — may be transferred from any one property to another with a line: OS'
bonus of 1.2 units at the receiving site for every unit from the sending site, 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.
S. Transfer Between Planning Areas
Between any Planning Areas, allowed development density -- residential units- (FGrmatted:Indent:Left. 0",First
and commercial — may be transferred with a bonus of 1.2 units at the receiving site for ne os^
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- +Nomt 0 ^l Foratted:Indent:4eft, 0,49',01,Tabs. 0.5"",L,3 l3
6
C. Density Transfer Performance Standards ed; .. l
Y 9 �_• . o Qe�cd:5'14I0.7-1 1
1. Density transfers shall not be allowed to Planning Areas 1, 2, 3, 4 6 or 7-- 4
21
-------- .-------------------------------- ----
2. Density transfers to Planning Areas 5, 7, 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.
I
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 reatest•_- - r Formatted:Indent:Left os°,F st 1
extent ossible the mountain vistas and open space which provide the foundation line: o",Tabs: o.s',Oft tab+Not
for the City's standing as a world class resort and retirement destination; eleted:preserve . •)
B. To jn2XImlze compact growth, thereby maximizing natural open space and-, - • Deleted:minimize urban sprawl
protecting against the resultant adverse impacts, such as air, noise, and water Irhereby
pollution, traffic congestion, destruction of scenic beauty, and disturbance of the Formatted:Indent:Left os",First
line 0",Tabs' O.S',Llst tab+Not
ecology and environment; at r" J
C. T__o rote_c_t and conse_r_ve hillside_ ecos_ stems_ hrou h the retention 0f'.-.- Ddeked:s#>To roteetlne public
unique natural topographic features and Hillside characteristics, including from hazards associated with
mountain development,Ineluomg
drainage patterns, streams, slopes, ridgelines, rock outcroppings, vistas, natural sel moacwdy landslides flooding
vegetation, and the habitats and migratory routes of animals; Inaccessmlllty from fire and
cmcrpency services lack of water for
fire control,wild fires,collapse of
D. To maximize the retention of the City's natural topographic features,,, roads and similar risks
4
including, but not limited to, mountainsides, mountain faces, Skyline profiles, Pum,akea:gullets and Numbering
ridgelines, hilltops, hillsides, slopes, arroyos, ravines, canyons, prominent Deleted:
elet d:In i
vegetation, rock outcrops, view corridors, and scenic, Pads on oughtopographic
ther l l multi-species Left:with the
features. thereby enthancin tithe ibeauteof the City's I landscape. line. 0",Tabs, o IndentList b J Not
t the
lim
tation
ion of
ng
s and
ding
Y 9 YP [line,
I" s . n. 0 F d
E. To assure that use of the City's natural topographic features for` Fomtatted:In ant;Left: O.S,First
development will relate to the surrounding topography and will not be [a[ei 0",Tab;: osList tab• Not, 1
conspicuous and obtrusive because of the design and location of any [line. ttormaed:Indent Leff O.S,First J
development use; Tabs OS,Listtab+Not
t 1"
F. To ensure the
density, and type safety
public, p aD ebed..
ed Tabs:
0 Indent:Left: O.S',First l
ent
y's
e for minimal disturbance of the existing terrain and s,Listta6+Not J
developmentsssuit will orovh etc mgra within the exist Environmentally Sensitive
Areas Is suitable to the topography of the existing terrain, that proposed mm---- _�
ensure a e placement,- Forman
II htIISUL
natural ahabitat, and that the natural site characteristics will be retainedwherever_ Fterl el'hi°ai ,
do
ed:Indent,Left 051,Frst
�
Tabs: $",List tab+NoC
G. To minimize the scarring effects of excessive grading for roads, building' Portnatked:BulletrandNumberin9
pads, and cut and fill slopes. �_ _
Deleted:514197-111
22 --
r
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
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. Specifically, 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. Aoolication 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.
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 Highway 111 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.
oeieteda 5141s7-1¶ 1
23
5141071 J
---
SECTION 17. Publication, The Mayor shall sign and the City Clerk shall certify to
the passage and adoption of this Ordinance and shall cause the same, or the summary
thereof, to be published and posted pursuant to the provisions of law and this Ordinance
shall take effect thirty(30)days after passage.
Deleted:page 25 l
Continued on_next Dace
Deleted:514197-1¶
24 ' 418 171, . .. .--
....
PASSED, APPROVED,AND ADOPTED this_day of July, 2006
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk Mayor
Reviewed and Approved as to Farm:
Douglas Holland
City Attorney
Deleted:514197-11f 1
L 514197.1
25
vi s=ii:.
----------------------------------- -----
I
4VPAM$A
i
�+ m
rA`'F°RI, CITY COUNCIL STAFF REPORT
DATE: July 26, 2006 STUDY SESSION
SUBJECT: DISCUSSION AND DIRECTION ON A DRAFT ORDINANCE FOR THE
CHINO CONE AND ADJACENT AREAS
i
FROM: David H. Ready, City Manager
BY: Planning Department
i
i
On July 19, 2006, the City Council continued a public hearing on the draft zoning
ordinance for the Chino Cone and adjacent areas to September 6, 2006, but also
directed staff to forward the draft ordinance for your review in a study session at
tonight's meeting.
i
Staff met with the Council Sub-committee (Mills and Pougnet) on Monday, July 17, 2006
! to review the City Attorney's draft and additional modifications were made. These
changes are reflected in a strike-out / underline version of the draft ordinance attached
to this memo. Staff believes that most of the changes introduced by the Sub-committee
are self-explanatory, with two exceptions: The density / open space chart, and the
newly-formed list of mandatory design standards. Staff and the Sub-committee will
discuss them in further detail at the Study Session.
Based on a request from the City Council, we are also attaching a strike-out / underline
version indicating the changes recommended by the Planning Commission, as well as
the draft minutes of their June 28, 2006 meeting.
An
Cr ' E ing,fA Thomas J. Wilsoire Planervices Assistant City Manager, Dev't Svcs
David H. Ready
City Manager
Attachments:
1. Draft ESA-SP Ordinance, with Sub-committee amendments
2. Planning Commission recommendation, with draft meeting minutes (6/28/06)
7EM NO. S'���
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADDING SECTIONS 92.21.1.00, 92.21.1.01, 92.21,1.02, 92.21.1.03,
92.21.1.04, 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 Attomey'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 Highway 111 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 Cade 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.
5141971
"Sending Site" means a site which has received a certification by the director of
planning and community development of density eVigible 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 Deleted.=o niraied
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 Cane, Highway 111 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
9221.1.07 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,
2
51n107-1
1141971
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%).
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 521 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,
3. Public parks, recreational areas, and open space, but not to include
places of assembly;
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;
3
514197.1
5141991
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 goads 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 intended 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 92.21.1.01 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.
A. Density
The allowable density shall be one per dwelling unit be forty(40) acres.
4
514197.1
5141971
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 fallowing 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. Puildings and structures erected for single family residential_use shall Deleted:Excluding non-habdabla
have a height not greater than fifteen(15) feet, except thatlhe maximum architectural projections,b
height of the structure from lowest point to highest point shall not exceed Deleted:that not more than twenly-
five percent(251%)of total floor area
twenty-five (25)feet. may have a height not greater then
eighteen(15)feel
Building height shall be measured from the approved finished _grade
immediately adjacent to the structure.
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. Deleted:dtiLor Ccverai
9
Lot area covered by building or
a. Each lot shall have a rear yard of not less than fifty (50) feet. StrucrcureS Shall not exceed elght
thousand(8 000)square feet
7I
F. Pistance Between Buildings. ¶
5
51d1J7-t
slnl9il
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 fend CPeleCed: ananasa�pe soreen
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 Deleted:Chino Cone/Hlghw y 111
Entry Condor
SECTION 7. Section 9221.1.04 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.
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:
6
514197.1
5141971
Planning Maximum,Allowed Minimum Required Onen Minimum Required Open Maximum Floor Area
Area Density _Sce a —All FormsI Space—undevelo ed
1 Go to Base Zone(One DU/40 Acres)
2" 2 DU/Acre 72°/of Project Area 35%of Project Area 66 000 SF I DU
3 Tribe Specific Plan
4 2 DU I Acre 72%o_f_Prnlect Area 35% " 6000 SF I DU
5 6 DU/Acre 72% " 35% 2 000 SF/DU
6A 0.25 Floor Area Ratio Not Applicable Not Applicable Not Applicable
6 1 5 ❑U/Acre 79%of Project Area 40%of Project Area 6 000 SF/DU
7f Go to Base Zone(One DU 140 Acres)
8 2 DU/Acre 72%of Project Area, 35%9 " 6 000 SF/DU
9 1 DU/Acre 61% l ^a% " 80005F/DU
Pelebed:'Planning Area 2 Gubtcct
Undevelopedp p p 1r Planing o Shadow Rock Sder c bye existing
water cours
2 and re percent
t(30 land, and the
trails. ('Deleted;ands shall be limited to natural (Deice..:vacant7undcvcl pcdxls.....�
9
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 nc1 lude" roads and other paved accessways, {oetered:be devejopment for 4u]
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.
7
514197.1
SH1971
C. Building Height
Puildings and structures erected for single family residential use shall have a �--et-rd:Excludmq non-hnb,hin6le
height not greater than fifteen (15) feet, except that the maximum height of the
er`nue°uralpmle°°°na,
structure from lowest point to highest point shall not exceed twenty-five (25) feed Deleted:except that not more than
twenty-fivo penccnl(25%)of total floor
area may have a height not greeter
For all buildings, the maximum allowed height shall be as established by the than cighlcen(18)feel
,ap
ted
ific
an. Deleted:other
Building lheighPshalllbecme measured from the approved finished grade immediately [residential)
adjacent ad acent to the structure, J
Deleted:natural or ,, ,,,,,
deleted: whichever is lower
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.F.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 the
Environmentally Sensitive Areas., Section 94.21.1.05. Deleted:China Cone/Highway 111
____ _____ _________________ Entry Corridor
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
8
514197-1
514191 1
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 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 D,[; .&gnm,n1
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.
9
514197�1
5141971
The analysis provides the basis for protect site planning, and the applicant shall
design and locate proposed development to minimize impacts on environmental
conditions.
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 Highway 111 , Tramway oeleCed:Want-of-ways
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 structures, including habitable and non-habitable
buildings, storage tanks, and retaining 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_ oeleeed:wlni in��"I«esn-sa
include public trails established by dedication of easement or similar conveyance
and trails established by use.
10
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5141971
F. Mandatory Standards
The following standards shall apply to all development in Environmentally
Sensitive Areas and shall not be modified by any Specrflc Plan
1. Mass grading to create_large, single-level flat cads-is prohibited
2. Pad heights are not significantly raised beyond the natural tooggraohv.
• 3. The Master Plan of Drainage shall be implemented.
4. No retention basins are allowed.Street and site plan layout shall follow
natural terrain
5. Streets are _paved with decorative or colored concrete or pavers
Asohalt concrete shall not be allowed
6. No street lighting is allowed.
7. Ve etation removed for utility construction or maintenance is replaced
with appropriate landscaped areas.
8. All utilities are located underground or,screened from public view in a
manner that re resents natural desert landscaping.
9. All water lines located in public or private street„r ghts-of-way are
located within the pavement sections.
10.W2ter 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 rock soil color or backdrop
12.Location and design of water storage facilities are coordinated in
advance with the Desert Water Agency.
13.All wastewater lines including force mains located in public or private
street rights-of-way are located within the pavement sections.
14.Wastewater lines located outside of rights-of-way require sewer line
easements that include full vehicular and equipment access.
11
514197.1
51419,11
15.All exterior colors materials and finishes blend with the color and
texture of surrounding stone. rock or soil.
15.Reflective building materials are not used (Formatted:Bullets and Numbering
17.The forms of buildings, structures and other improvements are not. Formatted:Bulles and Numbering
repetitive, but respect and interpret the forms of the surrounding _..
landscape and present a custom design appearance.
18.Stepped elevations and floor levels are used to avoid massive building (Formatted:Bullets and Numbering ]
forms and wall surfaces.
19.AII exterior mechanical equipment Is screened with material that (Formatted:Bullel5 and Numhering
complements the surrounding structures and environment.
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 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. C_u_t-_a_n_d_t_III_techniques to tree a_t_e_f_lat development pads_is avoided . Deleted:Ins;Ma gradlnp to croalo
Iargc single-level flat pads IS avoided
c. Slopes do_ not exceed 1 '/z to 1. ¶¶
Formatted:Bullets and Numbering
d. Retainingwalls are limited to: �.�t
Deleted:Patl nelghts arc not
1gn15cently raised beyond the natural
1. Retaining walls that are part of a building foundation; opog apny. 1
2. Transition retaining walls taper from a height of five (5) feet
with an overall length of twenty-five (25) feet. , oem Deleted:Bc ng.hall be
-..__ ____- pmvltletl _.
3. Walls are screened with boulders or other approved
materials.
12
514197-1
5141971
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 does not adversely impact drainage patterns 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 art-
maintained.
g Nre vent erosion of slopes above p designed contours e�eain.11 site
�
Detention or Dawns
of
h. Surface drainage interceptors are provided at the top of cut or fill slopes to n
p p 9
[Formatted:Bullets and Numbering ,
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.
E. 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:
1. Guiding Principles: Location of Streets and Roads
13
514197.1
5141971
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 to preserve and protect historical drainage
r
patterns.
C. &bitat connections and view corridors are not interrupted by Deleted:sgmAcanth
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.
beletem Shoot and site plan layout
2. Street and Parking Design avoid single-losdedsreets(double-
g frontage lots). Streets serve lots on
both sides(single frontage lots)
a. Minimum public street widths are 24 /22? feet with no on-street unless Site emss-sections anda
p l� detailed slope analysis ticmonsmate
parking. Off-street guest parking Is located and provided in that 5inglo-loaded streets more
sufficient numbers to support the project. closely follow nalurnl
b. Road shoulders ,'Width's are composed of crushed native rock.
Additional width may be required to accommodate drainage swales
or, where necessary, concrete gutters. Comment[Cx];Necessary? See
Dave�ardKian
G. Improved'shoulders are composed of large stones or rocks and _
clean, native topsoil.) comment[c2]:Nernasary9 Seu
r Dave Bama'Ian
d. 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.
e. Shoulder slopes match pavement cross slope where roadway
cross-slopes are used to control drainage.) comment(c3]:Necesaar9P Ses
Dave Bareklan __
f. Maximum slope gradients within 10 feet of the roadway_edge do not_ Deleted:ceotechnicet mpoda a e
exceed 4:1 for fill slopes and 3:1 for Cut slopes, prepared rarany cut and fll slapess
g. 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.
14
514197.1
51d1971
I. 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-
j. Slopes are rounded to blend into the existing terrain to produce a
contoured transition-
K. . Deleted:Slrecls am paved with
decorative or colored Concrete or
paver. Asphalt concrete shall not be
I- Street design accommodates stormwater runoff, as required by a allowed.
Hydrology Study approved by the City Engineer. When used,
concrete closely matches adjacent paving materials Standard grey
concrete material shall not be allowed.
M. 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.
Sidewalks [Deleed:3 Street lighting¶
street lighting is alloweda. Ne 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.
F. 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. Deleted:Installation of utllltles and
utility corridors do not result in slope
movement or surface s0sldenca T J
b. Utility crossings do not obstruct or constrict drainage courses- Deleed:wasncs
Deleted:Vegetation removed for
C. ,Utility_corridors requiring_ frequent maintenance are not located utilityconstruction or maintenance is
within significant riparian, vista or habitat corridors. replaced with appropriate native
desert plains.
15
514197.1
514197 1
r Deleted:Al utilities are located
underground or screened from public
view In a manner that represents
2. Guiding Principles: Water Distribution Lines natural desert landscaping
a. Water meters are located adjacent to driveway-s-and shall minimize Deleted:All water linesloratedln
mp�cts on environmental conditions. Public arprivate shootnghtseF-way
arc located within the pavement
swions¶
• b. Water lines only cross water channels within street rights-of-way. 9
b. Water lines located outside of
' rlghts,of,way require waterline
easement.3. Guiding Principles. Water Storage Facilities
9
a. Water storage facilities minimize impacts on the surrounding
environment.
b. Tanks are not be located on slopes greater than 3:1. �Deleted:Any vlalbleportlonora
water storage Facility has an exlenor
ceor to match surrounding native
4. Guiding Principles: Wastewater Collection Lines atone,rock or soil color.¶
Deleted:Location and design of
a, Wastewater-lines avoid- y
side or rear aril a -and and cut or_ fill water storage Facilities are
-- - -- ----------- --- coordinated In advance with the
slopes. Desert Water
Deleted:All wastewater Imes,
b. Wastewater lines are not located within areas subject to inundation Including force mains,located in
public or private street rights-of-way
by a 100-year storm flow, unless approved by the Director of Public am located within the pavement
Works. secLons.¶
9
b Wastewater linos located outside
C. Wastewater lines Only cross Water Channels within street rights-of- of rlghls•oF-way require sower line
easements that Include Full vehicular
way, and only when no other viable solution is available. and equipment acccss.¶
9 _ _
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.
G. 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
16
514197-1
t141w l
The following elements are preserved in the site plan to the maximum extent
feasible:
a. Natural features and environmental functions, as determined by the
Environmental Analysis.
b. View corridors, as determined by View Analysis.
C. The existing and proposed trail system.
d. Natural topography.
e. Natural vegetation.
f. Natural water channels and drainage ways Deleted:Water
Deleted:natural
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 Deleted:All exterior colors,materials
overshadow Visitors Center. and finishes blend with the color and
texture of surrounding stone,rack or
soil ¶
b. Buffers in setbacks of 75 to 125 feet are developed on properties T
RcHcclive building materials are not
fronting Highway 111 to screen development from motorists'views. used.¶
4
The forms of bmldings structures and
c. Buffers in setbacks of 50 to 75 feet are developed on properties other improvements are not repetitive
fronting Tramway to screen development,from motorists'views but respect and interpret the fors of
the surrounding landscape and
proscnl a custom design appearance.
d. All rooftops in Planning Areas 5 though 8 are screened_from_highway_ snipped cravat ena and riser levels
view using berms, landscape materials and setbacks are used to avoid massive building
Fars and well surfaces,¶
e. Passive solar control is incorporated into the architecture. Recessed All exterior mechanical equipment is
window and entry openings and deep roof overhangs are examples. screened with material that
complements the surrounding
structures and environment¶
4. Guiding Principles: Walls and Fences 3 Gulding Principles Developmcnt
Along Highway 1111
9
a. Perimeter or property boundary walls and fences are avoided . Deleted:ma zene
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.
17
514197-1
5141971
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.
5. Guiding Principles: Lighting
a. Exterior lighting fixtures are shielded to eliminate from 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.
6. Guiding Principles: Landscaping
a. The plant palette for any project is limited to drought-tolerant plants, Deleted: native to the immediate
except as may be approved within a Specific Plan. Invasive [ants are vlclnity
p Y pp p p
f10t used. �Deleted:ornamental
b. Landscape lighting is not allowed, except as may be approved within a� Deleted:d{Nytlroseeding is not
used,except for approved turf areas7l
Specific Plan. ¶
Formatted:Bullets and Num6enng�
c. Irrigation is of a non-spray design.
d. Lawns are not visible from street views, except as may be approved
within a Specific Plan.
Deleted:da'5wlmm ng pool iltrab
7. Guidin Prince les: Ener Cp 50Natlon sys on"' ublect 10 the City of
9 p 9Y Palm Springs pool d ainage pemnit ¶ J
a. Comprehensive energy Conservation principles are incorporated Deleted:solar energy panels arc
into pro ect design construction and operation. Integrated in to the design of buildings
j structures and landscape plans.¶
n
b Mechanical egylpment is not
laoatcd on the mof and Is integrated
H. Findings Required for Approval. mto the design OF buildings,structures
and landscape plans.¶
Any application for development project within the ESA-SP zone may only be c pools and spas am salt water
approved if, in addition to the findings contained in Section 94.04.00 of the Palm
Springs Zoning Code, the fallowing 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.
18
514197.1
5141991
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,
ridgelmes, rock outcroppings and significant natural features.
4. The project 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.
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 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.
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.
19
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5141971
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
an 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.
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, 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
20
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1141911
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.
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.
S. 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:
94.21.1.07 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 development density — residential units and
commercial floor area — may be transferred from any one property to another
with a bonus of 1.2 units at the receiving site for every unit from the sending site,
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 development density — residential units
and commercial — may be transferred with a bonus of 1.2 units at the receiving
21
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5141971
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
r 1. Density transfers shall not be allowed to Planning Areas 1, 2, 3, 4,6,r 77. [oeleted: or _�
r 2. Density transfers to Planning Areas 5, 7, 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.
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 Deleted.prascwc
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. Tomaximize compact growth thereby maximizing natural open space and Deleted:mmlmlze Urban sprawl
protecting against the resultant adverse impacts, such as air, noise, and hereby
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-, Deleted:<#>To protect the public
unique natural topographic features and hillside characteristics, Including ` from hazards associated with
mountain development including
drainage patterns, streams, slopes, ridgelines, rock outcroppings, vistas, " seismic aclrvrty landslides,flooding,
natural vegetation, and the habitats and migratory routes of animals; naccesslblhty from fro and
emergency services,lick of water for
fire control wild fires,collapse of
D. To maximize the retention of the City's natural topographic features, roads,and similar risks
including, but not limited to, mountainsides, mountain faces, skyline ¶
profiles, ridgelmes, hilltops, hillsides, slopes, arroyos, ravines, canyons, [Formatted:Bulle�3n Numbering
vegetation, rock outcrops, view corridors, and scenic vistas, Deleted;In conjunc ion with the
prominent ve plan��
9 p l muQi spec es
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;
22
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1141971
F. To ensure the safety of the public, and to ensure that the placement,
density, and type of jdevelopment within the City's Enylron mentally Deleted:all hillEide
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 I�to characteristics will be Deleted:hillside
retained wherever practicable; and
G. To minimize the scarring effects of excessive grading for roads, building- - (s matted:—B en aed Numberirg�
pads, and cut and fill slopes.
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
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. Specifically, 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 beards,
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 passible action.
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 Highway 111 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.
23
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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 15, 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
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.
Continued on page 25
24
514197-1
51n1O7.1
PASSED, APPROVED, AND ADOPTED this_day of July, 2006
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk Mayor
Reviewed and Approved as to Form-
Douglas Holland
City Attorney
25
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CITY OF PALM SPRINGS July 6, 2006
DRAFT ORDINANCE FOR CHINO CONE Page i
92.xx.00 "CC-SP"Chino Cone Specific Plan Zone
The CC-SP zone is intended to provide for the development of the Chino Cone and
Highway 111 north entry corridor in a manner that will preserve the area's open, rural character
by allowing development of large-lot dwellings("ranchettes") and concentrated multiple family or
resort projects. The purpose of the zone is to Facilitate the preservation of open space via
sensitive and appropriate uses, densities, distributions and design standards. The CC-SP zone
is divided into Planning Areas One through Nine, as indicated on the Zoning Map.
92.xx.01 Uses Permitted
A. Uses Permitted in All Planning Areas.
1. Single-family dwellings, not to exceed one (1) unit per forty (40) net acres,
excluding all lands with slopes in excess of thirty percent(20%).
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 5.22 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,
3. Public parks, recreational areas, and open space, but not to include places of
assembly;
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:
CITY OF PALM SPRINGS July 5, 2006
DRAFT ORDINANCE FOR CHINO CONE Page 2
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;
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 intended for this site.
92.xx.02 Uses prohibited
All uses and structures not permitted in Section 92.xx.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
92.xx.03 Property development standards—permitted uses
The following property development standards shall apply to all land and buildings in the
CC-SP zone for uses permitted under Section 92.xx.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.
A. Density
The allowable density shall be one per dwelling unit be forty(40) acres.
CITY OF PALM SPRINGS July 5, 2006
DRAFT ORDINANCE FOR CHINO CONE Page 3
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, Excluding non-habitable architectural projections, buildings and structures
erected for single family residential use shall have a height not greater than
fifteen (15)feet, except that not more than twenty-five percent(25%) of total floor
area may have a height not greater than eighteen (18)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.
F, Lot Coverage
Lot area covered by building or structures shall not exceed eight thousand (8,000)
square feet.
G. Distance Between Buildings.
The minimum distance between buildings shall be fifteen (15) feet except as otherwise
provided in this section.
H. Walls, Fences and Landscaping.
CITY OF PALM SPRINGS July 5, 2006
DRAFT ORDINANCE FOR CHINO CONE Page 4
The provisions of Sections 93,02.00 and 94.xx.06.F 3 shall apply, except that no more
than one (1) acre of land per lot shall be enclosed by any wall, fence or landscape
screen.
I. Access.
The provisions of Section 93.05.00 shall apply.
J. Off-street Parking.
The provisions of Section 93.06,00 shall apply.
K. Design Standards
All development shall be designed to comply with the Design Standards for the Chino
Cone/Highway 111 Entry Corridor, Section 94.xx.05
92.xx.04 Property development standards—uses subject to a Specific Plan
The following property development standards shall apply to all land and buildings in the
CC-SP zone for uses permitted under Section 92.xx.01.13,
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-
B. Density and Open Space
1. The following dwelling unit densities and requirements for open space are
established for the Planning Areas within the CC-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:
Planning Maximum Allowed Density Min. Req'd Undev'd Maximum Floor
Area Open Space Area
�� 1 pwell2 Unit
OU !p ere 40 Acres 800 0�0 of Pry jecl Area 5 000 SF/ DU ^el :_Tri a °r,°
2 2 DU/Acre 50 /0 5.000 SF/D D leted:so
3t DU /Acre 50 /o De p sPm '.. lad
Deleted.Tnbe Speci .Plan
5 6 DU/Acre 40 /°_ 3 000 SF/❑ ocleted:7o
5A 0,25 Floor Area Ratio Not Applicable Not A licable
6 1.5 DU/Acre 5.0 % of Pro'ect Area 5 000 SF/D_ Deleted_:80 _
7 1 DTI 40 Acres 80 % 8,000 SF/ DU 7
8 2 DU/Acre 0 % " 5 000 SF! D Meted:75
9 1 DU/Acre 60 % " " 6 000 SF/ b Deleted:80
CITY OF PALM SPRINGS July 5, 2006
DRAFT ORDINANCE FOR CHINO CONE Page 5
*Planning Area 2 subject to Shadow Rock Specific Plan
1'Planning Areas 3 and 4 subject to Tribe Spgcjfc Plan
(Planning Area 7 defined by existing water course
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 vacant,
undeveloped land, and hiking trails. Undeveloped open space shall be dedicated
in perpetuity as a condition of development approval _
`-- --------------- - _ Deleted:¶ ,
3. Floor area shall include all enclosed and covered structures including all 'Pueticparks,tl
habitable space garages and carports solid roofed patios carte cocheres and ¶lhReCreaLonalames not including
other solid roofed accessory buildings and structures. Open uncovered patios places of public assembly¶
driveways,walkways water and landscaping features shall not be included ¶n Goir wurses7
4. Remaining open space may be developed for roads and other paved-• #,Water reselvoirs,lakes and water
accessways recreational facilities golf courses, water features and other °0015Ou¶
uncovered areas. Formatted:gong s and Numbering
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, Format[ed_amle and Numbering
Ratio of 0.25.
--
C. Building Height
Excluding non-habitable architectural projections, buildings and structures erected for
single family residential use shall have a height not greater than fifteen (15) feet, except
that not more than twenty-five percent (25%) of total floor area may have a height not
greater than eighteen (18)feet.
Building height shall be measured From the natural or finished grade immediately Deletcd:For all other bulldinys(non
-
adiacent to the structure,whichever is lower single family residential) the
maximum allowed height shall be as
established ny the applicabic adopted
D. Lot Area, Lot Dimensions,Yards, and Distance Between Buildings SpcciFic Plan
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.xx.06.F.3 shall apply. Development
standards for walls, fences and landscaping shall be as established by the applicable
adopted Specific Plan,
F. Access.
CITY OF PALM SPRINGS July 5, 2006
DRAFT ORDINANCE FOR CHINO CONE Page 6
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 the Chino
Cone/Highway 111 Entry Corndor, Section 94.xx.06
94.xx.06 Transfer of Density
The purpose of the Transfer of Density section is to maximize the preservation of open
space, significant views and other valuable characteristics of the Chino Cone by allowing the re-
distribution of development rights among properties and between Planning Areas,
A. Transfer Between Properties
Within any Planning Area, allowed development density — residential units and
commercial floor area — may be transferred from any one property to another with a
bonus of 1.2 units at the receiving site for every unit from the sending site, 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.
e. Transfer Between Planning Areas
Between any Planning Areas, allowed development density — residential units and
commercial—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. Transfer Outside Planning Areas
From any Planning Area, allowed development density — residential units and
commercial—may be transferred to any lot within the City of Palm Springs 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 and other properties 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.
D. Density Transfer Performance Standards
CITY OF PALM SPRINGS July 5, 2006
DRAFT ORDINANCE FOR CHINO CONE Page 7
1. No density transfers may be allowed to Planning Areas 1 through 4 or oeteCed:rrom e�y Plannmp nine
2. For any receiving 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
94.xx.06 Design Standards for the Chino Cone f Highway I11 Entry Corridor
The purpose of the Design Standards for the Chino Cone/ Highway 111 Entry Corridor
is to protect environmentally sensitive lands by establishing standards for the design,
construction,operation and maintenance of development projects.
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 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. Significant 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.
CITY OF PALM SPRINGS July 5, 2006
DRAFT ORDINANCE FOR CHINO CONE Page a
The analysis provides the basis for project site planning, and the applicant shall design
and locate proposed development to minimize impacts on environmental conditions.
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 Highway 111 right-of-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 structures, including habitable and non-habitable buildings, storage
tanks, and retaining 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 prepare and submitted to the
City The analysis shall include a map and text which identify all existing trails within the
entire CC-SP zone 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, 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 the introduction of development which appears and functions as an
integral part of the site's natural environment.
CITY OF PALM SPRINGS July 5, 2006
DRAFT ORDINANCE FOR CHINO CONE Page 9
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 Mass grading to create large, single-level flat pads is prohibited. Deieced:aV-0,ded
c. Cut-and-fill techniques to create flat development pads isArohibited. De]eted:molded ' --�
d. Pad heights are not significantly raised beyond the natural topography.
e. Slopes do not exceed 1 "%to 1.
f. Retaining walls are limited to
1. Retaining walls that are part of a building foundation
2. Transition retaining walls taper from a height of five (5) feet with an
overall length of twenty-five (25)feet. Screening is provided
g. 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 does not adversely impact drainage patterns 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. Detention basins are designed as integral parts of site contours and terrain.
h, No ponding of water Occurs above cut or fill slopes.
i. Surface drainage interceptors are provided at the top of cut or fill slopes to
prevent erosion of slopes and graded areas.
CITY OF PALM SPRINGS July 5, 2006
DRAFT ORDINANCE FOR CHINO CONE Page 10
j. All erosion control, and surface and sub-surface drainage facilities are designed
to provide stable and long-term erosion protection.
k. Manufactured drainage facilities are covered or screened with boulders and
other materials to produce a natural appearance.
E 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:
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 to preserve and protect historical drainage patterns.
' c. Significant 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.
f. Street and site plan layout avoid single-loaded streets (double-frontage lots).
Streets serve lots on both sides (single frontage lots) unless site cross-sections
and a detailed slope analysis demonstrate that single-loaded streets more
closely follow natural terrain
g. Gated entries are prohibited
2. Street Design
a. Minimum public street widths are 24 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.
G. Improved shoulders are composed of large stones or rocks and clean, native
topsoil.
CITY OF PALM SPRINGS July 5, 2006
DRAFT ORDINANCE FOR CHINO CONE Page 11
d. 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.
e. Shoulder slopes match pavement Cross slope where roadway cross-slopes are
used to control drainage.
f. Geotechnical reports are prepared for any cut and fill slopes.
g. Maximum slope gradient within 10 feet of the roadway edge do not exceed 4:1
for fill slopes and 3:1 for cut slopes.
h. 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.
i 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,
Slopes are rounded to blend into the existing terrain to produce a contoured
transition.
k. Streets aree paved with decorative or colored concrete or pavers. Asphalt
concrete shall not be allowed.
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.
m. Street design no 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. Street lighting
a. No street lighting is allowed.
4. 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.
F, 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
CITY OF PALM SPRINGS July 5, 2006
DRAFT ORDINANCE FOR CHINO CONE Page 12
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. Installation of utilities and utility corridors do not result in slope movement or
surface subsidence.
c. Utility crossings do not obstruct or constrict washes
d. Vegetation removed for utility construction or maintenance is replaced with
appropriate native desert plants.
e. Utility corridors requiring frequent maintenance are not located within significant
riparian, vista or habitat corridors
f. All utilities are located underground or screened from public view in a manner
that represents natural desert landscaping.
2. Guiding Principles: Water Distribution Lines
a. All water lines located in public or private street rights-of-way are located within
the pavement sections
b. Water lines located outside of rights-of-way require waterline easements.
c. Water meters are located adjacent to driveways and shall minimize impacts on
environmental conditions.
d. Water lines only cross water channels within street rights-of-way.
3. Guiding Principles: Water Storage Facilities
a. Water storage facilities minimize impacts on the surrounding environment.
b. Any visible portion of a water storage facility has an exterior color to match
surrounding native stone, rock or soil color
e. Tanks are not be located on slopes greater than 3:1
d. Location and design of water storage facilities are coordinated in advance with
the Desert Water Agency.
4. Guiding Principles: Wastewater Collection Lines
CITY OF PALM SPRINGS July 6, 2006
DRAFT ORDINANCE FOR CHINO CONE Page 13
a. All wastewater lines, including force mains, located in public or private street
rights-of-way are located within the pavement sections.
b. Wastewater lines located outside of rights-of-way require sewer line easements
that include full vehicular and equipment access.
c. Wastewater lines avoid side or rear yard areas and cut or fill slopes.
d. Wastewater lines are not located within areas subject to inundation by a 100-
year storm flow, unless approved by the Director of Public Works.
e. 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.
G. 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 the
Chino Cone, 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 to the maximum extent feasible:
a. Natural features and environmental functions, as determined by the
Environmental Analysis
b. View corridors,as determined by View Analysis
G. The existing and proposed trail system
d. Natural topography
e. Natural vegetation
f. Water channels and natural drainage ways
g. Significant visual features, such as peaks, ridgelines, rock outcrops, boulder
fields, and significant stands of vegetation.
CITY OF PALM SPRINGS July 5, 2006
DRAFT ORDINANCE FOR CHINO CONE Page 14
2. Guiding Principles: Design
at. All exterior colors, materials and finishes blend with the color and texture of
surrounding stone, rock or soil.
b. Reflective building materials are not used.
c. Passive solar control is incorporated into the architecture. Recessed window
and entry openings and deep roof overhangs are examples.
d. 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.
e. Stepped elevations and floor levels are used to avoid massive building forms
and well surfaces.
f. All exterior mechanical equipment is screened with material that complements
the surrounding structures and environment.
3. Guiding Principles: J)evelopmentAlong Highway 111 Frontage �oereced:marorviewcorridoreurfers
a. Development of Planning Area 5A harmonizes with and does not overshadow
Frey-designed Visitors Center
b. Buffers in setbacks of 75 to 125 feet are developed on properties fronting
Highway 111 to screen development from motorists' views. All rooftops in the
zone are screened from highway view using berms, landscape materials and
setbacks.
4. Guiding Principles: Walls and Fences
a. Perimeter or property boundary walls and fences are,prohibited. DeretZ.s=d.d
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, notches and
similar features.
e. Walls and fences are screened with landscaping and boulders to minimize
visual appearance.
5. Guiding Principles! Lighting
CITY OF PALM SPRINGS July 5, 2006
DRAFT ORDINANCE FOR CHINO CONE Page 15
a. Exterior lighting fixtures are shielded to eliminate from off-site views of any
direct light source. All fighting is directed downward with no up-lightino of Deleceda pudain9-maunlcd
landscaping.
b. Maximum height for commercial, free-standing lighting fixtures is eighteen (18)
feet.
6. Guiding Principles: Landscaping
a. The plant palette for any project is limited to plants native to the immediate
vicinity, except as may be approved within a Specific Plan. Invasive ornamental
plants are not used
b. Hydroseeding Is not used. except for approved turf areas
c. Landscape lighting is not allowed, except as may be approved within a Specific
Plan.
d. Irrigation is of a non-spray design.
e. Turf lawns are permitted in rear yards one , Deleted:Lawns are not vlslgle fmm
street Views except as may be
f. Swimming pool filtration systems are subject to the City of Palm Springs pool approved within SpeGFt Plaa�
drainage permit
7. Guiding Principles: Energy Conservation
a. Solar energy panels are integrated into the design of buildings, structures and
landscape plans
b, Mechanical a ui ment is not located on the roof and is integrated into the F1)e_1 j-.EVaP0Mhve coolcrs ana
design of buildings, structures and landscape plans.
c Pools and spas are saltwater.
CITY OF PALM SPRINGS
PLANNING COMMISSION MINUTES
June 28, 2006
Council Chambers, City Hall
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
ROLL CALL,: Present Present Year: 2006
This Meeting to Date Excused Absences
Dianne Marantz, Chair X 12 0
Larry Hochanadel, Vice Chair X 12 0
Jon Shoenberger X 11 1
Leo Cohen X 12 0
Marshall Roath X 12 0
Toni Ringlein X 11 1
Rick Hutcheson X 11 1
REPORT OF POSTING AGENDA:
The June 28, 2006 agenda was available for public access at the City Hall exterior
bulletin board and the Department of Planning Services counter by 5:00 p.m. on June
23, 2006.
Chair Marantz announced that Item 2B would be continued to a date uncertain, Item 4,
Case 5.1085, would be continued to July 12, 2006, and Item 5, Case 3.2871, would be
continued to July 12, 2006.
1. PUBLIC COMMENTS: (Three minute time limit.)
Chair Marantz opened the Public Comments portion of the meeting. There being no
comments, the Public Comments was closed.
CONSENT AGENDA:
M/S/C (Hutcheson/Cohen, 7-0) To approve, Items 2A, 213 and 2C, as part of the Consent
Agenda.
2A. Approval of Minutes: June 14, 2006
Approved, as part of the Consent Agenda,
City of Palm Springs
Planning Commission Minutes of
June 25, 2006
2B. Case 3.2829 MAJ - An application by Grant Hovakimyan to construct
approximately 7,200 square foot, 3 unit condominium building located at 551
East Vista Chino Road, Zone R2, Section 11, APN 507-022-005.
To continue, to a date uncertain. Approved, as part of the Consent Calendar.
2C. Case 3.903 - A Minor Architectural application by Carlos and Duyen Ariss
to install an 8' x 20' temporary modular office in the parking lot of the
Sunrise Shopping Center for information and sales for approximately 8 - 10
weeks beginning the first week in July, located at 170 South Sunrise Way,
Zone PD-76 (CDN), Section 13, APN 502-161-004.
Approved, as part of the Consent Agenda.
PUBLIC HEARINGS:
3. Zoning Ordinance Amendment for Chino Cone and Adjacent Areas -
Consideration for an amendment to the Palm Springs Zoning Ordinance and
establish new development standards for the Chino Cone and adjacent
areas located southwest of Highway 111 and generally bisected by Tramway
Road. Adjacent areas also affected by the proposed project include lands
north of the Chino Cone along the southwesterly edge of Highway 111.
Commissioner Shoenberger stated he has a business related conflict of interest and
would not participate in the discussion and vote. He left the council chamber at 1:35
p.M.
Vice Chair Hochanadel stated he has a business related conflict of interest and would
not participate in the discussion and vote. He left the council chamber at 1.35 p.m.
Director of Planning Services, Craig A. Ewing, gave background information as outlined
in the staff report relating to the draft ordinance dated June 28, 2006. He displayed a
visual presentation using aerial photography of the Chino Cone and adjacent areas.
City Attorney, Douglas Holland, gave clarification relating to the draft ordinance staff has
presented and the draft ordinance submitted by a third party.
The Commission requested further clarification on the draft ordinance.
Chair Marantz opened the Public Hearing.
Ed Torres, president of the PSEDC, read a statement from the Palm Springs Economic
Corporation requesting more time be spent on reviewing the draft ordinance.
Jono O'Hildner, Palm Springs, stated his concerns on density, building heights, lot
coverage and open space.
City of Palm Springs
Planning Commission Minutes of
June 28, 2006
David Baron, Slovak, Baron & Empey, representing Suzanne Sommers, requested that
planning area #9 be removed and discussed separately; recommended a much higher
density in the Snow Creek area.
Vic Gainer, Palm Springs, co-chair of the former Citizens Task Force, the third party of
the 2nd draft ordinance submitted; encouraged the Commission to take the next 2 weeks
to review these documents.
Jeff Ballinger, Best, Best & Kreiger, representing Century Homes, thanked the
Commission and staff and requested a recommendation to City Council for a density
transfer provision allowing a transfer into other areas.
Malika Albert, Palm Springs, spoke in favor of the preservation of the Chino Cone area.
• Steve Sims, Palm Springs, requested preservation of the Chino Cone.
April Hildner, Palm Springs, spoke in favor to preserve the Chino Cone area.
Marvin Roos, MSA Consulting, gave background history and voiced his concern about
the open space requirements and definitions.
Ernie Vincent, Palm Springs, commented on the outline submitted by the Citizen'sTask
Force and made comparisons on density and open space; he requested modification to
the guidelines.
There being no further comments, Chair Marantz, closed the Public Hearing.
A recess was taken 2:40 p.m.
The meeting resumed at 2.53 p.m.
Craig A. Ewing recommended this item be continued to an adjourned meeting on July
5th. The Commission discussed and recommended the following modifications:
• The greatest significance is the density / open space chart for the 9 Planning
Areas, on page 4.
• Planning Areas 3 and 4 indicate 2 dwelling units /acre, instead of"Tribe Specific
Plan". Please note that staff is concerned that the Commission's
recommendation dictates a development density over which the City has no
control and may not be in the best interest of broader City/Tribe relations.
• Minimum open space requirements for each Planning Area are now focused on
"undeveloped" open space, with a new complimentary standard for maximum
floor area.
• The definition of minimum open space is now limited to undeveloped land and
trails, excluding parks, recreation areas, golf courses and water features.
• Minimum open space standards are lower than previously, moving from a range
between 70 and 80% to a range between 40 and 60% (except for Planning
Areas 1 and 7).
• The maximum floor area is set as a number of square feet per dwelling unit,
rather than a ratio, beginning at 3,000 square feet per unit in highest density
area (Planning Area 6) to 8,O00 square feet per unit in the lowest density areas
(Planning Areas 1 and 7),
• The definition of development subject to the floor area standard includes all
habitable space, garages and carport and other covered structures. Open
paving and landscaping would not be included.
City of Palm Springs
Planning Commission Minutes of
June 28, 2006
• The use of these two standards would allow a remaining portion of each
Planning Area to be developed with landscaping, golf courses, pools and other
outdoor amenities. Staff presented a memo showing how the open space and
floor area standards would work on a 100 acre property. In sum, staff believes
the combination of an open space requirement and maximum floor area
standard still allows sufficient land for outdoor uses (golf courses, pools, etc.)
• Planning Area 5 / Guiding Principals. Development along Highway 111
Frontage
• a. Development of Planning Area 5A harmonizes with and does not overshadow
Frey-designed Visitors Center.
• Buffers in setbacks of 75 to 125 feet are developed on properties fronting
Highway 111 to screen development from motorist's views. All rooftops in the
zone are screened from highway view using berms, landscape materials and
setbacks.
• 2. Undeveloped open space shall exclude all lands with slopes in excess of
thirty percent (30%).
• 3. Floor area shall exclude 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.
C. Building Height
Building height shall be measured from the natural or finished grade
immediately adjacent to the structure, whichever is lower.
• Transfer of Density
C. Transfer Outside Planning Areas
From any Planning Area, allowed development density - residential units and
commercial - may be transferred to any lot within the City of Palm Springs 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 and other
properties 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
• Density Transfer Performance Standards
1. No density transfers may be allowed to Planning Areas 1 through 4 or 6.
2. For any receiving 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.
• Design Standards for the Chino Cone / Highway 111 Entry Corridor
D. Site Preparation
1. Guiding Principals: Grading
b. Mass grading to create large, single level flat pads are prohibited.
Cut-and-fill techniques to create flat development are prohibited.
• E. Street Design
g. Gated entries are prohibited.
4
City of Palm Springs
Planning Commission Minutes of
June 28, 2006
• 4a. Sidewalks - 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. Site Planning and Design —
• 2d. Guiding Principals - 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.
• 3a. Guiding Principals: Major View Corridor Buffers—
Buffers in setbacks of 75 to 125 feet are developed on properties fronting
Highway 111 to screen development from motorists' views. All rooftops in
the zone are screened from highway view using berms, landscape
materials and setbacks.
• • 4. Guiding Principals. Wall and Fences
a. Perimeter or property boundary walls and fences are
prohibited.
• 5. Guiding Principals: Lighting
a. Exterior lighting fixtures are shielded to eliminate from off-site views of
any direct light source. All lighting is directed downward with no up-
lighting of landscaping.
• 6. Guiding Principals: Landscaping
a. The plant palette for any project is limited to plants native to the
immediate vicinity, except as may be approved within a Specific
Plan. Invasive ornamental plants are not used.
b. Hydro seeding is not used, except for approved turf areas.
e. Turf lawns are permitted in rear yards only.
4. Case 5.1085 CUP /. TTM 34019 - An application by Pali-Palm Springs to sub-
divide one lot for the development of 34 residential condominium units and
two commercial condominium units comprised of a nine-room hotel and bar
located 261 South Belardo Road, Zone R3, Section 15.
Commissioner Shcenberger and Vice Chair Hochanadel re-entered the Council
Chamber at 3:52 p.m.
Associate Planner, Diane Bullock, gave background information as outlined in the staff
report dated June 28, 2006. She indicated that the Historic Site Preservation Board
requested a continuance to July 11, 2006, for the applicant to come back before them
specifically for the Craftsman bungalow.
The Commission concurred that since this project was recommended for a continuance
they were not prepared to vote and were in agreement of a continuance to the July 12
meeting.
5
City of Palm Springs
Planning Commission Minutes of
June 28, 2005
Chair Marantz opened the Public Hearing.
Matt Fisher, applicant, Palisade Development Group, gave further details relating to
parking, access on Selardo, and building height.
Tarrah Beebe, architect, gave additional information relating to the restoration of the
bungalows and the Frey building.
Tom Lockett, Land Images, gave additional detailed information relating to the
landscaping.
Elizabeth Peterson, gave details pertaining to the Conditional Use Permit request and
emphasized that the kitchen and bar would not be a destination restaurant.
Bob Helbing, Palm Springs, spoke in favor of the project and commended the developer
for the community outreach.
There being no further comments, Chair Marantz, continued the Public Hearing to the
meeting of July 12, 2006.
M/S/C (RingleinNice Chair Hochanadel, 7-0) To continue to Planning Commission
meeting of July 12, 2006.
5. Case 3.2871 MAJ / Case 5.1101 GPA - An application by BMW Motors of
Palm Springs for approval of a Major Architectural Approval and a for a
proposed new automobile facility on a undeveloped lot located at 3737 East
Palm Canyon Drive and associated with the project is a General Plan
Amendment to delete the existing public frontage road along East Palm
Canyon Drive, Zone C2, Section 30, APN 681-070-016.
Director of Planning Services, Craig A. Ewing, requested this item be continued, a new
notice would be published and mailed due to an error in the previous noticing.
M/S/C (Vice Chair Hochanadel/Hutcheson, 7-0) To continue, to Planning Commission
meeting of July 12, 2006.
6. Case 6.1114 ZTA - A request to consider a Zone Text Amendment to modify
Section 94.06.01, establishing new findings for a Minor Modification.
Associate Planner, Ken Lyon, gave background information as outlined in the staff report
dated June 28, 2006. He indicated this Zoning Text amendment is proposing a separate
set of findings for the minor modification.
Chair Marantz opened the Public Hearing portion of the meeting.
There being no comments the Public Hearing was closed.
M/S/C (Shoenberger/Ringlein, 7-0) To approve.
6
City of Palm Springs
' Planning Commission Minutes of
June 28, 2006
7. ARCHITECTURAL REVIEW: None.
MISCELLANEOUS:
a. Case 5.1022 PD 305 / TTM 32732 - An application by Tahiti Partners Real
Estate Development Corp., (Oceo) for Final Development Plans on 5.55 acres
subdivided into 11 lots consisting of 25 residential condominiums, 9 single-
family residences and a 5,000 square foot restaurantPoistro located on the
southwest corner of Camino Real and East Palm Canyon, Zone PD 305,
Section 26, APN 511-042-011 and 012.
Associate Planner, Diane Bullock, gave background information as outlined in the staff
report dated June 28, 2006.
Chair Marantz requested clarification on the reason this project was originally submitted
as a Planned Development.
Commissioner Cohen commented that he attended the Architectural Advisory
Committee meeting and the applicant has complied with all the major changes.
Vice Chair Hochanadel requested clarification on the garage set-backs.
Jennifer Conrad, representing the developer, thanked staff for their hard work and was
available for questions.
M/S/C (Hutcheson/Vice Chair Hochanadel, 7-0) To approve Case 5.1022 PD 305 and
TTM 32732,
% TTM 32263 - A request by RSM Arbours, L.P., for a time extension for
Tentative Tract Map 32263 for one year located at 1301 Montalvo Way, Zone
M-1-P, Section 7, APN 677-461-002 and 003.
Vice Chair Hochanadel stated he has a conflict of interest and would not participate in
the discussion and vote and left the Council Chamber on 4.41 p.m.
Assistant Planner, David Newell, gave background information as outlined in the staff
report dated June 28, 2006.
Commissioner Cohen requested clarification on the length of the time extension.
M/S/C (Ring lei n/Cohen, 6-0, 1 absent/Vice Chair Hochanadel) To recommend approval
to City Council.
7
City of Palm Springs
Planning Commission Minutes of
June 28, 2006
10. Case 5.0984 PD 291 - An application by Geiger, LLC, for final development
plans (The Springs) for approximately 393,000 square feet of commercial
and retail buildings within a previously approved Planned Development
District (PD 291) located on the northeast corner of Gene Autry Trail and
East Ramon Road, zone M-1-P, Section 17, APN 677-280-041 and 677-420-
032 -034.
Vice Chair re-entered the Council Chamber at 4:44 p.m.
Principal Planner, Edward Robertson, gave background information as outlined in the
staff report dated June 28, 2006.
Commissioner Ringlein requested clarification on the sidewalks and buffer.
Vice Chair Hochanadel requested clarification on height of the north wall.
M/S/C (Vice Chair Hochanadel/Cohen, 7-0) To find that the Final Plans are in substantial
conformance; therefore approve the final architectural plans.
11. COMMISSION WORK PROGRAM
'General Plan Update
'Work Assignment Priorities and Subcommittee
Associate Planner, Ken Lyon, gave an update on the draft Housing Element, the
Community Design Element, the Traffic Analysis, the Open Space and the draft
Conservation, the Initial Study for the draft EIR and the consolidated plan.
12. CITY COUNCIL ACTIONS: Update.
Craig A. Ewing gave an update on the City Council's Study Session to be held tonight.
13. COMMISSIONISTAFF REPORTS AND REQUESTS -
Jon Shoenberger commented that since this would be the last meeting he would attend,
he appreciates the opportunity to have served the City and has enjoyed working with
everyone.
The Commission discussed construction barriers in the three downtown corridor
projects. Craig A. Ewing commented that staff is currently working on initiating an art
program with the school district for graphics at these construction sites.
Commissioner Cohen and Roath commended Craig A. Ewing on the work has done on
the draft for the Chino Cone ordinance-
8
City of Palm Springs
Planning Commission Minutes of
June 28, 2006
14, ADJOURNMENT: The meeting adjourned at 5:04 p.m. to the meeting of July 5,
2006.
Craig A. Ewing, AICP
Director of Planning Services
9