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HomeMy WebLinkAboutUrgency Ord 948 Detached Accessory Buildings CITY OF PALM DESERT Ordinance No. 948 ' DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Honorable Mayor and City Council II. REQUEST: Consideration of adoption of an urgency ordinance amending Municipal Code Section 25.56.280 Detached Accessory Buildings III. APPLICANT: City of Palm Desert CITY COUNCIL ACTION: IV. DATE: June 8, 2000 APPROVED DENIED RECEIVED r— OTHER V. CONTENTS: MEETING, DATE - "6"0 AYES: LJ&V -d-FiO n.r NOES: -A4 r A. Staff Recommendation ABSEENT: ) B. Discussion ABSTAIN: C. Draft Ordinance No. 948 VERIFIED BY: M- ') Original on File with City CC erk's Office A. STAFF RECOMMENDATION: Pass Ordinance No. 948 amending Municipal Code Section 25.68.280 Detached Accessory Buildings. B. DISCUSSION: 1 . BACKGROUND: April 27, 2000 City Council passed Ordinance No. 944 which established for 14 days a moratorium on the acceptance of applications and issuance of approvals for the construction and development of accessory buildings in rear yards in residential districts. The moratorium had been recommended by Zoning Ordinance Review Committee to allow it sufficient time to rewrite and process an appropriate amendment. May 11 , 2000 City Council extended the moratorium for 30 additional days. 2. ANALYSIS: It will take approximately two months to process any ordinance amendment through the Planning Commission and City Council. CITY COUNCIL STAFF REPORT MC SECTION 25.56.280 DETACHED ACCESSORY BUILDINGS JUNE 8, 2000 To cover the period between the expiration of the moratorium and the effective date of the ordinance amendment staff recommends that City Council adopt the enclosed urgency ordinance which is consistent with the provisions proposed by Zoning Ordinance Review Committee at its May 10, 2000 meeting. Zoning Ordinance Review will continue to study this matter and it will be scheduled for public hearing before Planning Commission in June or July. This ordinance will divide the issue of accessory buildings in rear yards into two categories. FIRST CATEGORY On lots of 40,000 square feet or more accessory buildings will be permitted subject to approval of a conditional use permit by Planning Commission and approval by Architectural Review Commission. SECOND CATEGORY On lots less than 40,000 square feet accessory buildings of 100 square feet or less used for storage purposes with a maximum height of 8 feet will be permitted with a minimum setback of 8 feet from any property line with approval of Architectural Review Commission. Open, non-habitable, gazebo-like structures with a maximum height of 10 feet shall be permitted with a minimum setback of one foot of setback for each foot of height subject to approval by ARC. Habitable structures and garages shall not be permitted in the required rear yard. Prepared by: Reviewed and Approved by: Review and Concur: Steve Smith Philip Drell Carlos L. Ortega Planning Manager Dir. of Community Development Acting City Manager /tm 2 25.73.010 , Chapter 25.73 C. The plan of the proposed parking area for the development to which the parking is accessory; the plan PRECISE PLAN shall be drawn to an engineering scale of sufficient size to clearly indicate the proposed development including Sections: location,size,shape,design,curb cuts,lighting,drainage, "? 25.73.010 When required. paving,parking stalls,landscaping,and other features and 25.73.011 Contents. appurtenances of the proposed parking lot; 25.73.012 Approval or rejection of precise D. The location,dimensions and method of improve- plan. ment of all property to be dedicated to the public or to 25.73.013 Approval or rejection public utilities; considerations. E. Examples of proposed architectural treatment in 25.73.014 Approval subject to condition. the form of perspectives and elevations and such other data 25.73.015 Compliance required. as may be required by the planning commission, design 25.73.016 Continuance of existing plans. review board or environmental services director in evaluat- 25.73.017 Distinction from other precise ing the proposed development shall be required and become plans. an integral part of such a submittal; 25.73.018 Street frontage requirements. F. In all zones other than single-family residential or 25.73.019 Failure to utilize a precise plan. for any use specifically permitted in said zones,or for any 25.73.020 Amendment to a precise plan. use for which a conditional use permit is required the general location, area, and type of landscaping; 25.73.010 When required. G. General nature of the proposed use.(Ord.299(part), A. No person shall commence any use for which a 1982) conditional use permit is required or any use not permitted in either the R-1, RE zone, and no building permit shall 25.73.012 Approval or rejection of precise be issued for any structure to be used for or in conjunction plan. with any such use,until a precise plan of design covering Any such precise plan of design may be rejected, ap- the parcel or parcels to be so used shall be approved and proved, modified and approved, or approved subject to Q► adopted as provided in this chapter. The precise plan of conditions.Any such precise plan of design after approval, design may be filed and approved as a part of the condition- may be amended, in the same manner as a precise plan al use permit procedure. of design is first approved under this chapter. (Ord. 299 cti B. Notwithstanding any provision of the Uniform (part), 1982) Building Code, no grading permit shall be issued for the 4 grading or excavation of any land, until a precise plan of 25.73.013 Approval or rejection 4 design,tentative tract map,or tentative parcel map covering considerations. the property proposed to be graded or excavated has been A. In the approval or rejection of a precise plan of 4 approved and adopted as provided in this chapter. design,consideration shall be given and restrictions shall 4 This subsection shall not apply to the grading or excava- be imposed to the extent necessary, in view of the size tion required in connection with: and shape of the parcel and the present and proposed zoning O 1. The construction of a swimming pool on property and use of the subject property and the surrounding proper- O in the residential zone; or ty,to permit the same degree of enjoyment of the subject 2. The movement of less than fifty cubic yards of earth; property, but subject to the same degree of protection of or adjoining properties, as would be accorded in normal O 3. The grading of any parcel of property outside of circumstances by the standard restrictions imposed by this the hillside overlay zone so as to improve the land for chapter. The standard restrictions imposed in the various 10 emergency drainage purposes. (Ord. 299 (part), 1982) zones by this chapter relating to the subjects mentioned 4 in Section 27.73.011 are intended as minimum restrictions 25.73.011 Contents. necessary in normal circumstances to prevent substantial 4 Such precise plan of design shall specify and include: depreciation of property values in the vicinity,unreasonable 4 A. The location,size,height,and type of all structures interference with the use and enjoyment of including signs, walls and fences; 4 B. The location,size and dimensions of all yards and 10 setbacks and all spaces between structures; 4 460-3 (Palm Desert 7-95) 4 y 0 25.73.013 property in the vicinity by the occupants thereof for 25.73.016 Continuance of existing plans. lawful purposes and the protection of the public peace, Any precise plan previously approved and in effect, health, safety and general welfare. "Normal circum- shall remain in effect regardless of any changes to stances"are intended to refer to the case of a permitted zoning regulations subsequently adopted unless the case upon a lot of a normal size and shape surrounded precise plans are made null and void or amended at the by property in the same zone as the lot in question. time of adoption.(Ord.299(part),1982) B. If the proposed precise plan of design would substantially depreciate property values in the vicinity 25.73.017 Distinction from other precise plans. or would unreasonably interfere with the use or enjoy- The precise plans of design referred to in this chap- ment of property in the vicinity by the occupants ter are not to be confused with or considered to be thereof for lawful purposes or would endanger the precise plans as referred to in the Government Code of public peace, health, safety or general welfare, such the state.(Ord.299(part),1982) plan shall be rejected or shall be so modified or condi- tioned before adoption as to remove said objections. 25.73.018 Street frontage requirements. C. In addition to the foregoing grounds of rejection, No building or other structure to be used for any the planning commission and city council, as the case business or commercial purpose shall hereafter be may be, may also consider and take into account the erected unless the frontage of the lot,or parcel of land exterior architectural design,general exterior appear- upon which such building or structure is erected,abuts ances, landscape, color, texture of surface materials on one side of a public street between two intersecting and exterior construction, shape and bulk and other streets and unless the front of such building or structure physical characteristics including location and type of abuts on and faces such public street; provided,how- public utility facilities, and if it is found that the pro ever, that when practical difficulties or unnecessary posed precise plan of design,including the considera- hardships result through the strict and literal interpre- tation and enforcement of the provisions of this chap- tions enumerated in this chapter would interfere with ter,the planning commission or city council may,upon the orderly development in the vicinity of the precise the adoption of a precise plan of design for the devel- plan area,or with the existing or proposed use thereof, opment of a particular lot or parcel of land and upon such precise plan of design shall be rejected or shall be such conditions as it may establish, expressly vary or so modified or conditioned before approval as to re- waive the requirements of this section.(Ord.299(part), move the objections.(Ord.299(part),1982) 1982) 25.73.014 Approval subject to condition. 25.73.019 Failure to utilize a precise plan. A precise plan of design may be approved subject to A. Failure to utilize a precise plan within one year the granting of a change of zone, a conditional use of its effective date (unless extended by action of the permit,a variance or the approval of a final subdivision planning commission)will automatically void such pre- map,and the planning commission or city council may cise plan. In the event construction work is involved, require such a precise plan of design to be submitted such work must actually commence within the stated prior to the granting or recommending of a zone period and be diligently pursued.If the city should find change,variance or conditional use permit. (Ord.299 that there has been no construction of substantial char- (part),1982) acter taken or if such construction should lapse for more than six months,the precise plan shall be void. 25.73.015 Compliance required. B. Extension of time up to a maximum one year may be granted from the date of expiration of the precise No person shall violate or fail to comply with any plan by the planning commission when extenuating approved precise plan of design or any conditions or circumstances can be clearly shown by the applicant. provisions thereof nor shall a building permit be issued The request for same shall be submitted to the planning for any structure which would violate or fail to comply commission in writing prior to the expiration date and with any approved precise plan of design for the parcel shall clearly state the reasons why construction has not or parcels on which such structure is to be located.In commenced. the event any such permit is issued,it shall be null and C. The commission may grant additional time ex- void and have no further effect.(Ord.299(part),1982) tensions up to a maximum of one year providing that 461