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HomeMy WebLinkAbout2022-12-15 Q&A Memo CITY OF PALM DESERT CITY MANAGER’S OFFICE INTEROFFICE MEMORANDUM Date: December 15, 2022 To: Honorable Mayor and Councilmembers From: Anthony J. Mejia, City Clerk Subject: City Council Meeting of December 15, 2022 Below you will find questions received from the Mayor and/or Councilmembers and answers provided by City staff regarding tonight’s City Council meeting: ITEM 3A: CONSIDERATION FOR ADOPTION OF AN URGENCY ORDINANCE (ZOA 22-0005) AMENDING SECTION 25.34.030 OF THE PALM DESERT MUNICIPAL CODE (PDMC) RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENT QUALITY ACT (CEQA) Q1. Would the adoption of the urgency ordinance expose our city to litigation or penalties from the state? A1: The State’s ADU law allows local jurisdictions limited authority to modify their own ADU ordinances. Staff worked with the City Attorney’s Office to draft an ordinance that met the City’s goal while staying within the new ADU state mandate. After adoption of the ordinance by the City, the California Department of Housing and Community Development (HCD) will review and submit written findings to the City as to whether the ordinance complies with state ADU law. If the City’s ordinance does not comply, HCD must provide a reasonable time, no longer than 30 days, for the City to respond, and consider HCD’s findings to amend the ordinance to become compliant. If the City does not make changes and implements an ordinance that is not compliant with state law, HCD may refer the matter to the Attorney General. Examples of penalties may include de-certification of the housing element leading to fines, mandated compliance, moratoriums on building permits, avenues for lawsuit by State, and suspension of local land use power. ITEM 3E: RESOLUTION TO CONSIDER REVOCATION OF BUSINESS LICENSE CERTIFICATE NO. 13709873 FOR THE SWEET SPOT CLUB LOCATED AT 73338 HIGHWAY 111, #O, PALM DESERT, PURSUANT TO PALM DESERT MUNICIPAL CODE §?5.04.160 Q1: What dates were the screenshots taken on pages 3E-61 to 3E-69? A1: The screenshots on pages 61-67 were taken on 11/18/2022 and pages 68-69 were taken on 11/21/2022.