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ORDINANCE NO. lo'-#
AN ORDINANCE OF THE CITY COUNCIL lC7 `-imyRt etp-i"*L� --:°
DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE
AMENDMENT TO PALM DESERT MUNICIPAL CODE SECTION
25.40.080 "FENCES AND WALLS" TO ALLOW FOR THE REPAIR AND
MAINTENANCE OF EXISTING NONCONFORMING FENCES, AND TO
ALLOW THE ARCHITECTURAL REVIEW COMMISSION TO APPROVE
EXCEPTIONS FOR NONCONFORMING FENCE MATERIALS WITH
ARCHITECTURAL MERIT AND COMPATIBILITY WITH THE HOME
CASE NO: ZOA 14-421
WHEREAS, the City Council directed staff to establish a committee, inclusive of
two (2) City Councilmembers, one (1) Planning Commissioner, two (Architectural Review
Commissioners) and two (2) members from the public, to review the City's Fences and
Walls Ordinance and to bring recommended changes back to the City Council for further
review.
WHEREAS, the Fences and Walls Committee was formed and met twice to
discuss potential amendments to the ordinance related to nonconforming fence materials
and enforcement standards. During those meetings the Committee discussed allowing
existing nonconforming fences to remain in place subject to ongoing maintenance and to
strengthen the Ordinance to prohibit exceptions for nonconforming fence materials; and
WHEREAS, the Architectural Review Commission of the City of Palm Desert,
California, did review the recommended changes to the ordinance at their meeting on
January 13, 2015, and voted unanimously to recommend approval of the changes to the
Planning Commission and City Council; and
WHEREAS, Planning Commission of the City of Palm Desert, California, did review
the recommended changes to the ordinance on the 3`d day of February, 2015, and held a
duly noticed public hearing to consider the request by the City of Palm Desert for approval
of the above noted, and recommended that the City Council approve the zoning ordinance
amendment; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,"
Resolution No. 2014-41, in that the Director of Community Development has determined
that the proposed action qualifies as a Class 3 categorical exemption under CEQA, and is
not subject to further environmental review.
WHEREAS, on the 26th day of February, 2015, the City Council held a duly
noticed public hearing to consider the changes to the ordinance, and at said public
hearing, upon hearing and considering all testimony and arguments, of all interested
persons desiring to be heard, the City Council continued the ordinance to March 26,
ORDINANCE NO. 1280
2015, and directed staff to reconsider allowing exceptions for fence materials with
architectural merit; and
WHEREAS, the City Council did reconsider the ordinance at their meeting on
March 26, 2015, and did find the following facts and reasons to exist to justify approval
of the zoning ordinance amendment:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings of the
City Council in this case.
2. That the City Council does hereby approve Zoning Ordinance Amendment 14-
421 as proposed.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 26th day of March, 2015, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
Susan Marie Weber, Mayor
G \PlanringlEnc Ceja\Case Files\ZOA'•ZOA 14-421 Fences and Walls\ZOA 14 421-CC Ord .2.docx
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ORDINANCE NO. 1280
EXHIBIT A
SECTION 1: That Section 25.40.080(D) (Fences and Walls) of Palm Desert Municipal
Code is hereby amended to read as follows:
D. Maintenance of nonconforming fences.
1. Normal maintenance of nonconforming fences shall be permitted to preserve
a quality appearance.
All repair
and replacement of fence material shall be treated, painted, or finished so
that the newer portions of the fence are indistinguishable from the existing
fence. Changes in fence design or material type are not considered repair
and shall be required to conform to the location and material standards listed
in subsection C of this ordinance.
2. Existing nonconforming fences shall be maintained in good condition and in
accordance with Chapter 8.70.060 of the Property Maintenance Ordinance.
SECTION 1: That Section 25.40.080(E) (Fences and Walls) of Palm Desert Municipal
Code is hereby amended to read as follows:
E. Exceptions procedures.
1. ARC Review. Requests for exceptions to the above standards may be
reviewed and approved subject to the following findings:
i. That unusual circumstances exist which make the literal interpretation and
enforcement of the standards impractical or contrary to the purpose of the
ordinance codified in this section.
ii. The exception shall not result in damage to adjacent properties.
iii. Property owners adjacent to the proposed exception shall be informed of
the application at least 10 days prior to the ARC meeting.
iv. Exceptions for nonconforming materials, including wood and vinyl fences,
shall be based on architectural merit and compatibility with the home's
architectural style.
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