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Home My WebLink AboutZOA 08-82 COVERED PATIOS 1982 7Atta,1+6b 717 ,q �lgin� S,-TzdcrveE. �l / �lzoJCcT' 7-z::' wt7--Hr/\J -Fi IE- FC T- D fl c 2 o �eRTx ✓� �, ✓a SHft [_ ti0T Co lee ItIolzc' iHA/L/ _5�1XT%. ,. reC E,4Tr !�QTeo l0 rAl� 47- ��/i ST 7F-j4/ �E�7- llQ�f . 14 f7-e(,l 7l�l�� /14AlytMvet C&,17h6�� OF IZeAAf Rc SE%8XK ?�xb Af A r=//,- L,o T I'vI D TE{ R Yfl 6-4E- TL�Sv4'T�N(Y 1F CK�ST/�(r SiJ/E SeT13/+U<r ARC Five FEEF n I00 l a 0 ' (99 . 75 87 ' �. � 1 '��Y.uoplDiS YR2D �,✓E�A�� ,c��S�c-r,r�G- �i2ah </•I ®iz�Post � 25_56 . 250--25 . 56 .290 and five feet into any other required yard ; provided, that they shall not reduce any yard to less than five feet except on the street side of a corner lot. Such structures shall be cantilevered or supported only by . c balcony or deck projecting from a higher story may extend over a lower balcony or deck but shall not in such case be deemed a roof for the lower balcony or deck. (Ord. 98 51 (part) , 1975 : Exhibit A §25 .32-7 .07 (4) ) . 25 . 56 .250 open stairways . Open, unenclosedfire to any .I escapes an ireproo outsi a stairways may project required yard not more than four feet; provided, that ncr,yard shall be reduced to less than three fee (par t. (Ord. 98 91 (part9 , .I 1975 : Exhibit A 525 .32-7 .07 (5) ) . 25 56 260 Covered patios . Covered patios attached to_ i a n structure may project not more than eight feet into a required rear yard and five feet into a required side yard within thirty-five feet of the rear lot line; provided, ,that the required side yard shall not be reduced to less than five feet and the covered patios shall not cover more than , fifty percent of the rear yard. A covered patio not attached to a main structure is deemed an accessory structure . (Ord. 98 §1 (part) , 1975: Exhibit A 525 .32-7 .07-(6) ) . ' 25 56 270 Underground structures . Underground struc- tures (pools) may project without limit into any required i yards; provided, that they shall not have a height of more than two and a half feet and are not closer than five feet to any property line. (Ord. 98 §1 (part) , 1975: Exhibit A 925 .32-7 .07 (7) ) . ✓ 25 56 280 Detached accessory buildingshisccessory chapter buildings except as otherwise controlled by shall be subject to the following regulations: A. Accessory buildings shall not be erected in any required yard, except a rear yard. one stor or B. An accessory by not exceeding Y fourteen feet in height may not occupy more than twenty- five percent of a required rear yard plus forty percent of the buildable area provided that the total building coverage allowed by the zone is not exceeded. C. No accessory building shall be located closer than ten -feet to any main building nor. shall it be located closer than five feet to any s (part) , 1976 : Ord. 98 §1 (part) s 1975: line . d Exhibit .A §25.32§7 7 .07 (8) ) . 25 . 56 . 290 Projections over ublic ro ert in commer- cial zones . Bui ding projections into public rights-of-way in commercial zones shall be regulated by the currently 389 25 . 56 . 200--25 .56 .240 height, and walks , driveways , and retaining walls may occupy a required yard , subject to the limitations prescribed in Section 25 . 56 . 200 . (Ord . 128 97 (part) , 1976 : Ord . 98 §1 (part) , 1975; Exhibit A §25 .32-7 .05) .. 25 . 56 . 200 Traffic sight obstructions . On a corner lot, no fece , wall , . hedge , or other obstruction, except the n natural grade of a site, within a triangular area by the street property lines and a line connecting points the street property lines twenty-five feet from the inter- all section of the projection of the streets Yright-ofTade�aththe exceed a height of three feet above established grad director edge of the street pavement on plans approved of environmental services or the existing pavement ora elect way if plans have not been approved. (Ord. 98 §1 (p rt) Exhibit A §25 . 32-7 .06) . 25 56 210 Projections into yards . Architectural pro- jections including eaves, awnings , louvers, and similar shading devices; sills , belt courses , cornices , and similar features ; and flues and chimneys may- project not more than six feet into a required front yard , rear yard , -or side yard on the street side of a corner lot, and not more than two feet into any other required yard; provided, that the dis- tance between an architectural projection and a side or rear property line shall not be less than three feet. (Ord . 98 91 (part) , 1975 : Exhibit A §25 .32-7 .07 (1) ) . 25 56 . 220 Oriel or bay windows . Oriel or bay windows may project not more than three feet into a required front yard, rear yard , or side yard on the street side of a corner lot; provided, that the aggregate width of oriel or bay windows shall not exceed fifty percent of the length of the wall in which they are located and the width of. any indivi- dual oriel or bay window shall not exceed ten feet. (Ord . 98 §1 (part)_,; 1975 : Exhibit A §25 .32-7 .07 (2) ) - 25 . 56 . 230 Porches and steps . Unroofed porches , steps , and terraces may project not more than six feet into a required front yard or side yard on the street side of a cor- an ner lot, \or to a point not closer than three rethatothe interior side or rear property line ; provided height including railings shall noteexceednsix `eet above the grade of the ground at the p p Y §1 (part) , 1975 : Exhibit A §25 .32-7 .07 (3) ) • 25 56 240 Balconies over six feet above ground. Bal- _ conies , decks, terraces , and other similar unroofed struc- tures at a height including railing more than ,six feet above the level at which a yard must be provided may project not more than six feet into a required front yard or rear yard J 388 RXYMDND '5 PE&FR YARD i i a-7 i REAR 15 20' Srp� tRoF>c75ED PiATfo ccVER $' �KIST ( N6 S'TRUCTU�E s' RXYMONID`5 RE FR YARN a-7 REAR ` ;5 act SIDE MOP05ED PATIO CcVER S' F—XI57IN6 57RUCTURC s' RA`/N1oNfJ�S }SEAR YARD ��c. REAR i :5 S+Df: MOP05r=D PATIO COVER s' EXI57IN6 57RUCTURE 5 RKYMOND'S PE&R YARN 8-7 REAR ' ;5 SfD� PROP05EID PNTi O CCVER S' F-xis7IN6 STRUCTURE S' RNYMOND'5 PxEM� YARD :5 SIDE OPPOSED PATIO COVER s' fXISTIN6 5-fRUCTURE 5' RAC/MoN.ID `5 FE&R YARD 8-7 DAL REAR ` :5 SIDE moPc5ED PAT10 ccVER 5' F,X157IN6 5-fRUCTURE 5 RAC/N1pND �5 }TEAR YARD 5-7 ,p�L ReAR � :5 SrDE ?oPo5ED PATIO CGVER 5' f-x15T ( N6 5-fRUCTuRE 5" City of Palm Desert Department of Environmental Services Staff Report TO: Planning Commission DATE: August 17, 1982 REPORT ON: Zoning Ordinance Amendment APPLICANT: City of Palm Desert CASE NO: ZOA 08-82 I. REQUEST: Amendment to municipal code, Chapter 25.56.260 concerning covered patios. U. BACKGROUND: A. This amendment was initiated by the planning commission as the result of a letter from Richard Raymond. B. The director of environmental services has determined that the proposed amendment is a Class 5, categorical exemption for purposes of CEQA. III. DISCUSSION: The proposed revision is the result of complaints concerning setback requirements for covered patios. Current standards permit a detached accessory structure setback five feet from side and rear property lines. An attached covered patio can only project 8 feet into a required rear yard which is usually 20' and sometimes 15' depending on the zoning. This results in most instances, in 12 foot setbacks for patio covers. The problem becomes apparent when a homeowner asks how big a patio he can build when his preincorporation built home is presently setback 17 feet from the rear property line and requires 20 feet. This person could only build a 5 foot wide patio, which would not provide sufficient usable space or adequate shade to the westerly facing portion of the home. These 15 to 17 foot rear setbacks for existing houses are common to homes built before city incorporation. Another restriction relating to covered patios is that no more than 50% of the required rear yard may be covered. With current setback requirements, this 50% coverage restriction is impossible to achieve. Any reduction in patio cover setbacks will still make it improbable of anyone achieving this 50% coverage. Therefore, staff proposes that patio covers and their supports be allowed to within five feet of the rear and side\property lines. This would coincide with the setback requirements for detached accessory structures and staff feels would not be anymore offensive to adjacent property owners. Staff also proposes the elimination of the 50% rear yard coverage restriction. IV. PROPOSED AMENDMENT: Amend Section 25.56.260, to read: "Covered patios attached to a main structure may project to within 5 feet of a rear or side property line within 35' of the rear lot line. A covered patio not attached to a main structure is deemed an accessory structure." Existing Section: 25.56.260 Covered patios. Covered patios attached to a main structure may project not more than eight feet into a required rear yard and five feet into a required side yard' within thirty-five feet of the rear lot line; provided, that the required side yard shall not be reduced to less than five feet and the covered patios shall not cover more than fifty percent of the rear yard. A covered patio not attached to a main structure is deemed an accessory structure. (Ord. 14I14UTE S REGULAR CITY COUNCIL MEETING SEPTEMBER 9 , 1982 . i� 1 J` L y A Jr •l J` .1,. J` VII. ORAL COMMUNICATIONS - A MR. CHARLES TRIPP, Aster Drive, Palm Desert . Mr. Tripp, Chairman of the committee to form a separate school district , requested a vote of support from the City Council on what the committee is trying to do . He stated they now have about 50 active members , with many more in support of them. He noted a meeting will be held September 14, 1982 at the Palm Desert Middle School to kick off a campaign. Mayor Wilson expressed his appreciation for the effort put forth into this feasibility study. He and members of the Council stated they would like more time to study the report . Mayor Wilson requested this item be put on the September 23rd Agenda. VI II . PUBLIC HEARINGS I4 \%n A. CASE NO; ZOA 08-882 -�hREQUEST FOR AMENDMENT TO CHAPTER T ALM DESERT MUNICIPAL CODE RELATING TO COVERED PATIOS. City of Palm Desert , Applicant . Mayor Wilson declared the Public Hearing OPEN and asked for Staff s report . (,O,i(rxwe Mr. Diaz stated this request is the result of a letter �A received from Mr. Richard Raymond regarding problems with the present code for patio structures . By adopting )D' Ordinance No . 317 , to amend the present code , it would ! O^ � :s allow patio covers and their supports to be located to boost - ri+k within five_fee.t of the side and rear property lines . He stated this would allow sufficient overhang from the pp house to obstruct the sun , thereby acting as a conservation device. He stated the Planning Commission and Staff recom- �� /ram mended approval by adopting the ordinance. Councilman Newbrander suggested the ordinance should state Ke that the cover could extend only so c VeoP�e Councilman Snyder stated there should be far better �— control , and that this would allow building right to the WAIF wkuh Y°u�� property line. c ter+ De Mr. Diaz stated this amendment would affect quite a few a homeowners , especially on the north side . '— Mayor Wilson invited input for or against . There being none, he declared the Public .Hearing CLOSED. Counci Ordinance No . 317. Mayor Wilson movederson adt Wilsonseconded. OrdinancerNo . 317 wasddenied on a 2-2-1 vote . IX. RESOLUTIONS None X. ORDINANCES For Introduction None For Adoption : None 3 _ (Z�:El.�� 0ff 1RPwZ1 n 31Dc&=quo' kP 45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA92260 TELEPHONE (714) 346-0611 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: July 8, 1982 MR. RICHARD K. RAYMOND 44-185 El Cercado Palm Desert, CA 92260 RE: Request zoning ordinance amendment pertaining to setbacks for patio covers. The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of July 6, 1982. APPROVED REQUEST BY MINUTE MOTION Any appeal of the above action may be made in writing to the Director of Environmental Services, City of Palm fest, within fifteen (15) days of the date of the decision. RAMON A. DIAZ, SECRETARY n PLANNING COMMISSION �9 RAD/lcr �k u cc: File r t 7Y' rvl� e City Council City of Palm Desert RE : Ordinance Changes Gentlemen: Several months ago I applied for a building permit to build a sun shade over my patio to help reduce my $400 . 00 per month electric bill during the summer months . My patio is on the west side of my house and that side of the house has a lot of glass . The Building Department approved my plans and then was sent to Environmental services and was told that because of certain city ordinances , I couldn' t build this patio cover. I then wrote to Jim Richards of the planning commission explaining my dilemma . The planning commission approved my request and procedures were started to change these ordinances so that people in our city like me that have old homes and are non-conforming to any ordinances can improve their homes and increase their property valve and in many cases like mine, can reduce some of their monthly home expenses . Yesterday I was told the city council had denied the changes . I would like to know why? Almost every city any place has provisions for old homes . As Southern California Edison rates increase, by next summer it will cost me $ 500 . 00 per month to cool a 1 , 600 sq. ft . home and you know as well as I do, that is ridiculous . What do I do with all the beams , the rafters , the joist hangers , etc, that I have purchased, and that have been sitting since spring waiting to be used . As you are probably aware, I am very upset . I do hope that those of you who voted no will take another look into this matter and reconsider your decision. AGENDA PALM DESERT PLANNING COMMISSION MEETING TUESDAY JULY 6, 1982 7:00 P.M. - CITY HALL COUNCIL CHAMBERS A STUDY SESSION WILL BE HELD AT 5:00 P.M. PRIOR TO THE MEETING, IN THE CITY MANAGER'S OFFICE. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF MINUTES: June 1, 1982 Action: V. SUMMARY OF COUNCIL ACTION VI. CONSENT CALENDAR All matters listed on the consent calendar are considered to be routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless members of the Planning Commission or audience request specific items be removed from the consent calendar for separate discussion and action. A. Case No. DP 07-81 and TT 17103 - BERNARD SO�OMON, Applicant Request for approval of a one year and 18 month time extension for a development plan and tentative tract map. Rec:Approve as presented Action: VII. PUBLIC HEARINGS A. Case No. VAR 02-82 - PALM DESERT MEDICAL CENTER AND IMPERIAL SIGN COMPANY, Applicant Request approval of a variance to allow an increase in building signage from a maximum of 90 square feet to 116 square feet in the PC (3), S.P. zone, at 72-205 Highway 111. Action: Moved by , seconded by to waive further reading and adopt Planning Commission Resolution No. , denying VAR 02-82. B. Case No. C/Z 06-82 (UA) - CITY OF PALM DESERT, Applicants Consideration of a negative declaration of environmental impact and a preannexation change of zone from R-1 12,000 (Riverside County) to PR-5 (UA) for 160 acres located at the northeast corner of Portola Avenue and Country Club Drive. Action: Moved by seconded by , to adopt reasons for recommending this change of zone. Moved by , seconded by , to waive further reading and adopt Planning Commission Resolution No. , recommending approval of C/Z 06-82 (UA). Z� AGENDA PALM DESERT PLANNING COMMISSION JULY 6, 1982 C. Case No. DP 02-82 - DESERT EVANGELICAL FREE CHURCH, Applicant Request for approval of a negative declaration of environmental impact and a development plan to allow construction of a church with related facilities in the PR-5 zone located on the south side of Hovley lane, approximately 1325 feet east of Monterey Avenue. Action: Moved by seconded by to adopt findings for Development Plan 02-82. Moved by seconded by to, waive further reading and adopt Planning Commission Resolution No. , approving Development Plan 02-82. D. Case No. PM 18729 - LAKESIDE PROPERTIES, INC., Applicant Request approval of a parcel map to consolidate seven industrial parcels into one lot in the S.I. zone located on the north side of Mayfair Drive at State Street. Action: Moved by , seconded by , to adopt findings approving Parcel Map 18729. Moved by , seconded by , to waive further reading and adopt Planning Commission Resolution No. approving Parcel Map 18729. VIII. DESIGN REVIEW BOARD ITEMS A. Preliminary plan approvals by the Design Review Board at its meetings of June 8, 1982, and June 22, 1982, requiring Planning Commission confirmation. 1. Case No. 238 MF - SUNRISE COMPANY - Preliminary approval of site plan for Lakes Country Club at southeast corner of Country Club Drive and Cook Street. Rec: Approve by minute motion as presented. Action: 2. Case No. 171 C - PALM DESERT FLORIST AND CARL COX - Preliminary approval of plans to remodel an existing building at 73-847 Highway 111. Rec: Approve by minute motion as presented. Action: - 2 - AGENDA PALM DESERT PLANNING COMMISSION JULY 61 1982 3. Case No. 162 C - DAMES CHARLTON c/o White Sheet - Appeal of Design Review Board approval of May 27, 1982. Oral presentation). Rec: Review appeal and determine acceptability. Action: 4• Case N0. 737 SA - ELDORADO BANK - Appeal of Design Review Board denial of June 22, 1982, for freestanding sign at 73-301 Highway I I I (Oral presentation). Rec• Approve appeal Action: IX. MISCELLANEOUS ITEMS A. CGO ENTERPRISES (ROLAND SWEET) - Request for consideration to decrease size of multiple family units. Action: OB LETTER from Mr. Richard K. Raymond requesting a zoning ordinance amendment pertaining to setbacks for patio covers in residential zones. Action: C. LETTER FROM JP Construction, Inc., requesting a zoning ordinance amendment pertaining to setbacks in S.I. (Service Industrial) zone. Action: D. UPDATE: on activities of CVAG Technical Planning Subcommittee. E. UPDATE on proposed Riverside County General Plan. X. ORAL COMMUNICATIONS Any person wishing to discuss any items not on the agenda may address the Planning Commission by stepping to the lectern and givingimum their name and address for the record. Remarks shall be limited to a max of five minutes unless additional time is authorized by the Planning Commission. XI. COMMENTS XII. ADJOURNMENT - 3 - MI14UTE S REGULAR CITY COUNCIL MEETING v SEP TEMBER 9 , 1982 VII . ORAL COMMUNICATIONS - A MR. CHARLES TRIPP, Aster Drive, Palm Desert . Tor. Tripp, Chairman of the committee to form a separate school district , requested a vote of support from the City • Council on what the committee is trying to do. He stated they now have about 50 active members , with many more in support of them. He noted a meeting will be held September 14, 1982 at the Palm Desert Middle School to kick off a campaign. Mayor Wilson expressed his appreciation for the effort put forth into this feasibility study. He and members of the Council stated they would like more time to study the report . Mayor Wilson .requested this item be put on the September -23rd Agenda. VIII . PUBLIC HEARINGS A. CASE NO. ZOA 08-82 - REQUEST FOR AMENDMENT TO CHAPTER THE ALM DESERT MUNICIPAL CODE RELATING TO COVERED PATIOS. City of Palm Desert , Applicant , Mayor Wilson declared the Public Hearing OPEN and asked for Staff' s report . Mr. Diaz stated this request is the result of a letter received from Mr. Richard Raymond regarding problems with the present code for patio structures . By adopting Ordinance No. 317 , to amend the present code , it would ! allow patio covers and their supports to be located to within five feet of the side and rear property lines . He stated this would allow sufficient overhang from the house to obstruct the sun , thereby acting as a conservatior device. He stated the Planning Commission and Staff recom- mended approval by adopting the ordinance . Councilman Newbrander suggested the ordinance should state that the cover could extend only so far . Councilman Snyder stated there should be far better control , and that this would allow building right to the Property line. Mr. Diaz stated this amendment would affect quite a few homeowners , especially on .the north side. Mayor Wilson invited input for or against . There being none, he declared the Public Hearing CLOSED. Coun Ordinance No . 317. Mavor McPherson movedadpt Wilsonseconded: Ordinance rNo . 317Pwasddenied on a 2-2-1 vote. IX. RESOLUTIONS None X. ORDINANCES For Introduction None For Adoption : None _ 3 - r MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - AUGUST 17, 1982 2:00 P.M. - CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Chairman Kryder called the meeting to order at 2:00 P.M. II. PLEDGE OF ALLEGIANCE - Commissioner Crites III. ROLL CALL Members Present: Commissioner Crites Commissioner Miller Commissioner Richards Commissioner Wood Chairman Kryder Staff Present: Ramon Diaz Steve Smith Phil Drell Phil Joy Linda Russell IV. APPROVAL OF MINUTES: August 3, 1982 Moved by Commissioner Wood, seconded by Commissioner Crites, to approve the minutes as submitted. Carried unanimously 5-0. V. SUMMARY OF COUNCIL ACTION Mr. Diaz reviewed the actions of the council for the meeting of August 12, 1982. VI. CONSENT CALENDAR All matters listed on the consent calendar are considered to be routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless members of the planning commission or audience request specific items be removed from the consent calendar for separate discussion and action. A. Case No, DP 09-80 and 221 MF, CHACAHUALA, LTD. - Approval of a one year extension of time for a development plan and preliminary design review case. Rec: Approve as presented. B. Case No. TT 14997, DAVID MOSS - Approval of a one year extension of time for a tentative tract map. Rec: Approve as presented. C. Case No. CUP 10-78 and 143 MF, DUANE K. BRICKER AND ASSOCIATES - Approval of a one year extension of time for a conditional use permit and preliminary design review case. Rec: Approve as presented. Moved by Commissioner Wood, seconded by Commissioner Richards, to approve the consent calendar items as presented. Carried unanimously 5-0. VII. PUBLIC HEARINGS A. Case No. ZOA 09-82 - CITY OF PALM DESERT, Applicant Consideration of a zoning ordinance amendment relating to covered patios. -1- � s MINUTES PALM DESERT PLANNING COMMISSION AUGUST 17, 1982 Mr. Joy reviewed the staff report and explained that amendments to this ordinance would include: covered patios be allowed to within five feet of the rear and side property lines; and, elimination of the 50% rear yard coverage restriction. Staff recommended approval. Commissioner Wood asked what the setback would be from the side property line if this was approved. Mr. Joy replied that it would be five feet. Commissioner Wood was concerned with the covered patios possibly encroaching into the property line. Mr. Diaz explained that covered patios would be allowed in the side yards only if they had an unusually large rear and side yard. Chairman Kryder opened the public hearing and asked if anyone wished to speak in FAVOR and OPPOSITION to this case. There being none, the public hearing was closed. Moved by Commissioner Richards, seconded by Commissioner Miller, to waive further reading and adopt Planning Commission Resolution No. 817, recommending approval of ZOA 08-82. Carried unanimously 5-0. VIII. DESIGN REVIEW BOARD ITEMS Preliminary plan approvals by 'the design review board at its meeting of August 10, 1982, requiring planning commission confirmation. A. Case No. 174 C - J.P. CONSTRUCTION, INC. - Preliminary approval of plans for first of three warehouse buildings on the north side of Mayfair Drive, 120 feet west of Beacon Hill. Rec: Approve by minute motion as presented. B. Case No. 239 MF - SUNRISE COMPANY - Preliminary and final approval of architectural plans for Lakes Country Club at the southeast corner of Country Club Drive and Cook Street. Rec: Approve by minute motion as presented. Mr. Smith reviewed these design review board cases and stated that the board gave approval. Moved by Commissioner Miller, seconded by Commissioner Richards, to approve design review board's actions. Carried unanimously 5-0. IX. MISCELLANEOUS ITEMS A. Review of Study on Domestic Solar Hot Water Heating Cost Effectiveness. A California Energy Commission study was presented which concluded that in this area, a domestic solar water heating system would not be economically beneficial when compared to a conventional natural gas system. Therefore, the commission agreed to defer any action on developing a mandatory solar water heating ordinance at this time until positive economic benefits are indicated in further studies. B. Review of Presidents Plaza Parking Study. Mr. Drell stated when the Presidents Plaza parking lot was completed there was concern for the parking accommodations for existing businesses. A study was initiated and the parking ordinance amended to allow only uses which require one space per 250 sq.ft. or less to locate or expand in the Presidents Plaza area. The study is now completed and indicates that parking spaces meet current demands and also provide for some expansion. Therefore, staff recommends removal of blanket prohibition on new restaurants and other expanded or intensified uses. Moved by Commissioner Richards, seconded by Commissioner Wood, recommending to city council removal of blanket prohibition. Carried unanimously 5-0- -2- CITY OF PALM DESERT TRANSMITTAL LETTER TO: Honorable Mayor and City Council REQUEST: Amendment to Chapter 25.56.260 of the Palm Desert Municipal Code relating to covered patios. APPLICANT: City of Palm Desert CASE NO: ZOA 08-82 DATE: September 9, 1982 CONTENTS: A. Staff Recommendation B. Discussion C. Draft Ordinance No. 317 D. Planning Commission Minutes involving Case No. ZOA 08-82 E. Planning Commission Resolution No. 817 F. Planning Commission Staff Report dated August 17, 1982 G. Related Maps and/or Exhibits A. STAFF RECOMMENDATION: Waive further reading and pass Ordinance No. 317 to second reading. B. DISCUSSION: This proposed amendment was initiated by the planning commission as a result of a letter from Richard Raymond. Presently an attached covered patio cover can project 8 feet into a required rear yard. This standard differs from the setback requirements for detached accessory structures which are permitted in the rear yard to within 5 feet of the side and rear property lines. The proposed amendment would allow patio covers and their supports to be located to within five feet of the side and rear property lines. This would be consistent with the setback requirements for detached accessory structures. The amendment would also eliminate the 50% rear yard coverage restriction. /pa „?iYl.C.2pf✓ "P" BY CITY COUNCIL ON� 19�oZ VERIFIED Bpi - �� a�a� 6 , •1 Griginal on file with City Clerk's Office PROOF OF PUBLICATION (20109 2015.5 CCP) PROOF OF PUBLICATION OF LEGAL NOTICE ZOA 08-82 1 am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years and not a party to or interested in the above entitled matter. I am the CITYOFPALMDESERT Principal clerk of the printer LEGAL NOTICE CASE NOSZOA W#2 of THE DESERT POSTS NOTICE-IS HEREBY IV- EN that a publlphearl a newspaper of general circula- be held bemretthe3Palm sert City council to cansl tionn printed and published Meekly reauest-bysthe*Citytofl . mt Desert for o zonI br d(nance in the city of Riversides County amendment. relatlnapfoscov- eredpat los. 1$e of Riversides and which newspaper hSAIeld fD 'Public e has been adjudged a newspaper of 7:OOp.m at : nihe ncil;chum- bers•In�tllePalmeDesert cityi general circulation by the H011, 45-275,Prickly Pear nia, 0twWhIch Desertnd place Superior Court of the County of all, ofrested time aw a in- . vited tereshd��persons are in- Riversides, Stale of Californian RAMOpa.401 Z be heard. RAMON:Ati DIAZ under date of October 59 1967in pPOIMDDesert Plannina Case number 83658; that the Commission notices of which the annexed is PDP-8/26 a printed copyn has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates to-wit : 08126 91982 I Certify (or declare) under Penalty of perjury that the foregoing is true and correct. Dated August 269 1982 at Riversides California c� CITY OF PAL ! DESERT / August 19, 1982 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 08-82 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a request by the City of Palm Desert for a zoning ordinance amendment relating to covered patios. SAID public hearing will be held on September 9, 1982, at 7:00 p.m., in the council chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Palm Desert Post August 26, 1982 /pa PLANNING COMMISSION RESOLUTION NO. 817 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO MUNICIPAL CODE, CHAPTER 25.56.260, CONCERNING YARD SETBACKS AND LOT COVERAGE RESTRICTIONS FOR COVERED PATIOS, A CLASS 5 CATEGORICAL EXEMPTION FOR PURPOSES OF CEQA. CASE NO. ZOA 08-82 r� WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of August, 1982, hold a duly noticed public hearing to consider an amendment to municipal code, Chapter 25.56.260, concerning yard setbacks and lot coverage restrictions for covered patios; WHEREAS, said amendments have complied with the requirements of the"City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services has determined the project to be a Class 5, categorical exemption; and, WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts to justify their recommendations as described below: 1. Zoning Ordinance Text Amendment: a. That the zoning ordinance amendment is consistent with the objectives of the zoning ordinance. b. That the zoning ordinance amendment is consistent with the adopted general plan and affected specific plans. $ C. That the zoning ordinance amendment would better serve the public health, safety and general welfare than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in these cases; 2. That the planning commission does hereby recommend to the city council approval of a zoning ordinance text amendment, as provided in the attached Exhibit "A" to amend municipal code, Chapter 25.56.260. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 17th day of August, 1982, by the following vote, to wit: AYES: CRITES, KRYDER, MILLER, RICHARDS, WOOD NOES: NONE ABSENT: NONE ABSTAIN: NONE GEORGE D. KRYDER, Chairman i ATTEST: RAMON A. DIAZ, Secretary /Ir 1 PLANNING COMMISSION RESOLUTION NO. 817 EXHIBIT "A" Amend Section 25.56.260 to read as follows: 25.56.260 Covered patios. Covered patios attached to a main structure may project to within 5 feet of a rear or side property line within 35 feet of the rear lot line. A covered patio not attached to a main structure is deemed an accessory structure. /Ir City of Palm Desert Department of Environmental Services Staff Report TO: Planning Commission DATE: August 17, 1982 REPORT ON: Zoning Ordinance Amendment APPLICANT: City of Palm Desert CASE NO: ZOA 08-82 I. REQUEST: Amendment to municipal code, Chapter 25.56.260 concerning covered patios. U. BACKGROUND• A. This amendment was initiated by the planning commission as the result of a letter from Richard Raymond. B. The director of environmental services has determined that the proposed amendment is a Class 5, categorical exemption for purposes of CEQA. III. DISCUSSION: The proposed revision is the result of complaints concerning setback requirements for covered patios. Current standards permit a detached accessory structure setback five feet from side and rear property lines. An attached covered patio can only project 8 feet into a required rear yard which is usually 20' and sometimes 15' depending on the zoning. This results in most instances, in 12 foot setbacks for patio covers. The problem becomes apparent when a homeowner asks how big a patio he can build when his preincorporation built home is presently setback 17 feet from the rear property line and requires 20 feet. This person could only build a 5 foot wide patio, which would not provide sufficient usable space or adequate shade to the westerly facing portion of the home. These 15 to 17 foot rear setbacks for existing houses are common to homes built before city incorporation. Another restriction relating to covered patios is that no more than 50% of the required rear yard may be covered. With current setback requirements, this 50% coverage restriction is impossible to achieve. Any reduction in patio cover setbacks will still make it improbable of anyone achieving this 50% coverage. Therefore, staff proposes that patio covers and their supports be allowed to within five feet of the rear and side property lines. This would coincide with the setback requirements for detached accessory structures and staff feels would not be anymore offensive to adjacent property owners. Staff also proposes the elimination of the 50% rear yard coverage restriction. IV. PROPOSED AMENDMENT: Amend Section 25.56.260, to read: "Covered patios attached to a main structure may project to within 5 feet of a rear or side property line within 35, of the rear lot line. A covered patio not attached to a main structure is deemed an accessory structure." Existing Section: 25.56.260 Covered patios. Covered patios attached to a main structure may project not more than eight feet into a required rear yard and five feet into a required side yard within thirty-five feet of the rear lot line; provided, that the required side yard shall not be reduced to less than five feet and the covered patios shall not cover more than fifty percent of the rear yard. A covered patio not attached to a main structure is deemed an accessory structure. (Ord. Staff Report ZOA 08-82 August 17, 1982 98 §1 (part), 1975: Exhibit A §25.32-7.07(6). V. STAFF RECOMMENDATION: Staff would recommend to the commission that it adopt Planning Commission Resolution No. , recommending amendment of setback distances and lot coverage restrictions for covered patios. "A Resolution of the Planning Commission of the City of Palm Desert, California, recommending to the city council that it approve ZOA 08-82, concerning yard setbacks and lot coverage restrictions for covered patios." VI. ATTACHMENTS: A. Draft Resolution Prepared byY- Reviewed and approved by 1 Ar July 29, 1982 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 08-82 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by the City of Palm Desert for a zoning ordinance amendment relating to covered patios. SAID public hearing will be held on August 17, 1982, at 2:00 p.m., in the council chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post August 5, 1982 /pa �prV�ec'`bo LA RtA off T 3 =)M=® P630 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: July 8, 1982 MR. RICHARD K. RAYMOND 44-185 El Cercado Palm Desert, CA 92260 RE: Request zoning ordinance amendment pertaining to setbacks for patio covers. The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of July 6, 1982. APPROVED REQUEST BY MINUTE MOTION Any appeal of the above action may be made in writing to the Director of Environmental Services, City of Palm Desert, within fifteen (15) days of the date of the decision. i RAMON A. DIAZ, SECRETARY PLANNING COMMISSION RAD/Icr cc: File June 23 , 1982 44-185 E1 Cercado Palm Desert , California 92260 Mr . Jim Richards Planning Commission. City of Palm Desert Palm Desert , California 92260 Re : Ordinance change for patio covers Dear Jim: Last week I had a meeting with Ray Diaz , Director of Environmental Services for the City of Palm Desert , regarding a patio shade cover that I wanted to build over our back patio . He informed me that due to a 20 foot set-back ordinKce I cannot build this patio cover over the existing concrete patio slab because we are too close to the property line . Our back patio faces the west and during the summer months we need two additional tones of air conditioning to compensate for the heat that comes through our window area. In order to eliminate this additional electrical cost I would like to build a patio shade cover. In my discussion with Ray, he, too, feels the ordinance should be changed and has had to turn down others because of this same problem. Our home was built over 25 years ago and there is nothing in it that conforms to the present codes concerning property line set-backs . Ray informs me that other cities in the Valley would allow such structures to be built . I would greatly appreciate your discussing with Ray the required language to change this ordinance and then taking it before the Planning Commission for their approval to enable me, and others , to build a patio shade cover . After approval from the Planning Commission I would be happy to take it up before the City Council , if that is the procedure, or do whatever is necessary to get this ordinance changed as quickly as possible. Thank you for your prompt attention to this matter . Sincerers, r�i�chard K. RaYm on RKR/j mr i