HomeMy WebLinkAboutOrd 945 Extending 30Day Moratorium Development of Accessory Buildings in Rear Yards Ordinance No. 945
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
I. TO: Honorable Mayor and City Council
II. REQUEST: Consideration of extending for thirty (30) days an interim urgency
ordinance of the City of Palm Desert, California, adopting a
moratorium on the acceptance of applications and the issuance
of approvals for the construction and development of accessory
buildings in rear yards in residential districts.
III. APPLICANT: City of Palm Desert
IV. DATE: May 11 , 2000
V. CONTENTS:
A. Staff Recommendation
B. Discussion
C. Draft Ordinance No. 945
A. STAFF RECOMMENDATION:
Pass Ordinance No. 945 extending for 30 days a moratorium on acceptance of
applications and the issuance of approvals for the construction and development of
accessory buildings in rear yards in residential districts.
B. DISCUSSION:
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.
At the April 27, 2000 meeting Council expressed concern that it was being asked to
establish a moratorium and the building industry, specifically the developer of tracts
which offer accessory structures as an option had not been made aware of the
proposed action.
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Ordinance No. 945
CITY COUNCIL STAFF REPORT
CONSIDERATION OF MORATORIUM
MAY 11, 2000
At this time the only developer offering these structures is GHA Holdings which is
building two tracts on the south side of Hovley Lane, west of Portola Avenue. GHA
Holdings has been contacted by staff and invited to attend the Council meeting.
Staff also contacted Sonia Campbell who lives in the Hovley Court development
immediately to the east of the Sandpiper (GHA Holdings) tract. Mrs. Campbell
advised that she would advise her homeowner's association of the meeting.
This still does not address the individual property owner situation where one
homeowner decides to put an additional garage in his rear yard that impacts on the
neighbor (i.e., 14 foot high structure 5 feet from the property line) as occurred at the
southwest corner of Lavender Way and Amaryllis Way which is located north of Fred
Waring Drive east of Deep Canyon.
As an alternative to a moratorium on all detached structures in the rear yard City
Council may wish to just restrict the larger structures. Small structures of 100
square feet or less and a maximum height of eight feet could be excluded from the
moratorium with the understanding that such requests would require review and
approval through Architectural Review Commission.
Zoning Ordinance Review Committee is scheduled to meet to discuss this matter on
Wednesday, May 10, 2000. Staff intends to present several options to ZORC for
discussion. Staff will report the results of that meeting to City Council.
Prepared by:
Steve Smith
Reviewed and Approved b4if Drell
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CITY COUNCIL ACTION:
APPROVED ✓ DENIED
RECEIVED . OTHER
MEETING DATE
AYES: n D 1. ka •.4. it gi LAAA -ell/i ` J,4.clf3/ (r,di ;
NOES: ,..,.�.. 0
ABSENT: . ZIA -M10c...
ABSTAIN:
VERIFIED
Orir.ir ,.1 ;fir, ::." with City Clerk' s Office
(SR\moratorm.ccl 2
ORDINANCE NO. 945
7) Unless the City adopts an interim urgency ordinance to impose a temporary
moratorium on the acceptance of applications and the issuance of approvals
for accessory buildings in rear yards in residential districts in the City, the
additional construction and development of accessory buildings in rear yards
in residential districts in the City may result in negative a: thetic impacts and
lower property values in the community.
Section 2. Pursuant to the authority granted to the C. y by Government Code
Section 65858, the City Council hereby extends the moratoriu r established by Ordinance
No. 944 for a period of thirty (30) additional days on the acce• ance of applications and the
issuance of approvals for the construction and developme of accessory buildings in rear
yards in residential districts in the City.
Section 3. This Ordinance shall take effect im -diately upon its passage by a four-
fifths vote of the City Council.
Section 4. The City Clerk shall certify to the passage and adoption of this Ordinance
and shall cause the same to be published onc: in the Palm Desert Sun, a newspaper of
general circulation, printed, published and cir'ulated within the City of Palm Desert.
PASSED, APPROVED and ADO' ED this 11th day of May, 2000, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
BUFORD A. CRITES, Mayor
City of Palm Desert, California
ATTEST:
SHEILA R. GILLIGAN, City Clerk
City of Palm Desert, California
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