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HomeMy WebLinkAboutUrgency Ord 944 Moratorium Accessory Buildings in Rear Yards CITY OF PALM DESERT RECEIVED • APR 2 1 2000 TRANSMITTAL LETTER CITY OF PALM DESERT CITY MANAGER TO: Honorable Mayor and City Council II. REQUEST: Consideration of adoption of an urgency ordinance adopting 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 III. APPLICANT: City of Palm Desert IV. DATE: April 27, 2000 V. CONTENTS: A. Staff Recommendation B. Background C. Discussion D. Draft Ordinance E. Staff report to Zoning Ordinance Review Committee A. STAFF RECOMMENDATION: Waive further reading and adopt Urgency Ordinance No. 944 B. BACKGROUND: The City has a code provision allowing for detached accessory buildings in rear yards since the code was first established in 1975. Until recently, few people took advantage of this code section, and those that did usually put in 100 square feet metal tool sheds which they purchased at Home Depot. At this time, several tract developers are offering detached accessory buildings as an option in their development. These buildings are proving to be a popular item. C. DISCUSSION: At the request of the Planning Commission, staff placed on the April 19, 2000 Zoning Ordinance Review Committee (ZORC) agenda discussion of accessory buildings in rear yards in residential districts. 1 1 ZORC held a lengthy and spirited discussion on the issue and concluded that the present code provisions are far too liberal. The current provisions allow accessory structures which are too large, too tall and too close to the property line. ZORC directed staff to present this urgency ordinance to the City Council so that the Committee will have time to study the issue further. Prepared by: Reviewed and Approved by: ST VE SMITH PHIL DRELL PLANNING MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT ON DIAZ wpdocs\sr\access.urg CITY MANAGER CITY COUNCIL ACTION: DENIED APPROVED RECEIVED OTHER f.tEETIN DATE y- 1- 0 aES: NOES: JA-I ' ,;:SSENT: /u— e' ABSTAIN: A •� VERIFIED BY: < lerk' s Office r`r;.r: nal on File withCity *Adopted moratorium on the acceptance of applications and issuance of approvals for the construction and development of accessory buildings until May 11 , 2000, inviting the developer and affected property owners to be present at the meeting of May 11 , 2000, to provide their input, with ZORC directed to revisit the issue prior to that meeting, as well. 2 ORDINANCE NO. 944 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 WHEREAS, the City of Palm Desert in the recent past has received numerous requests for approval of accessory buildings in rear yards in residential districts; WHEREAS, accessory structures in rear yards in residential districts can have a significant adverse impact on adjacent residential lots in the area; WHEREAS, the Zoning Ordinance Review Commission of the City of Palm Desert is studying the issue of accessory structures in rear yards of residential districts; WHEREAS, the City Council desires to adopt an interim urgency ordinance to impose a temporary moratorium on the acceptance of application for, and the issuance of, City approvals for any new accessory buildings in rear yards in residential districts in order to allow the City a reasonable amount of time to study the issue and enact appropriate regulatory and zoning ordinances; and WHEREAS, to protect the public health, safety and welfare, California Government Code Section 65858 authorizes the City to adopt interim urgency ordinances prohibiting any uses which may be in conflict with a contemplated zoning proposal which the City is studying or considering or intends to study or consider within a reasonable time; and WHEREAS, California Government Code Section 36937 and 65858 require that an interim urgency ordinance be adopted by a four-fifths vote of the City Council. NOW, THEREFORE, the City Council of the City of Palm Desert does ordain as follows: Section 1 . The City Council declares that the adoption of an interim urgency ordinance imposing a moratorium on the acceptance of applications and the issuance of approvals for the construction and development of new accessory structures in rear yards in residential districts is necessary for the immediate protection of the public welfare, and hereby finds and determines as follows: 1 I ORDINANCE NO. 944 V 1) The current City code regulating accessory buildings in rear yards in residential districts allows fourteen (14) foot high structures within five (5) feet of a side and rear property line. 2) Structures of this height being this close to the property line has the potential to significantly impact the adjacent properties. 3) The City's Municipal Code must be amended so as to adequately address the regulation of accessory buildings in rear yards in residential districts. 4) The City's Zoning Ordinance Review Committee is presently reviewing the existing City ordinance which regulates accessory buildings in residential districts and has indicated that it needs more time to adequately study the issue. 5) Accepting applications and issuing approvals for the construction and development of accessory buildings in rear yards in residential districts under the existing ordinance provisions could result in negative aesthetic affects and lower property values for the surrounding properties and the community as a whole. 6) The City Council desires to minimize and control these negative effects, and thereby protect the welfare of the residents of the City; preserve the quality of life in the community; and preserve the property values and the character of the neighborhoods surrounding potential accessory buildings in rear yards of residential districts. 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 aesthetic impacts and lower property values in the community. Section 2. Pursuant to the authority granted to the City by Government Code Section 65858, the City Council hereby imposes a moratorium for a period of forty-five days on the acceptance of applications and the issuance of approvals for the construction and development of accessory buildings in rear yards in residential districts in the City. Section 3. This Ordinance shall take effect immediately upon its passage by a four- fifths vote of the City Council. 2 i ORDINANCE NO. 944 I Section 4. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published once in the Palm Desert Sun, a newspaper of general circulation, printed, published and circulated within the City of Palm Desert. PASSED, APPROVED and ADOPTED this 27th day of April, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD A. CRITES, Mayor City of Palm Desert, California ATTEST: RACHELLE D. KLASSEN, ACTING CITY CLERK City of Palm Desert, California 3 STAFF REPORT ZONING ORDINANCE REVIEW COMMITTEE APRIL 19, 2000 SUBJECT: DETACHED ACCESSORY STRUCTURES IN REAR YARDS BACKGROUND: The City has had a code provision allowing for detached accessory buildings in rear yards since the code was first established in 1975. Until recently, few people took advantage of this code section, and those that did usually put in 100 square feet metal tool sheds which they purchased at Home Depot. STATEMENT OF PROBLEM: 1. People are taking advantage of the code section and building the maximum permitted by the code. 2. Having a 14-foot high structure, 25 to 30 feet long, five feet from the rear property line creates too much impact on adjacent properties. PROBLEM AREAS: 1. Buildings Too Large: We should not have a second unit closer to the property line than the main unit. 2. Buildings 14 feet in height do not belong five feet from a rear property line. 3. Current code does not limit the number of accessory structures on a lot (only limited by overall coverage limit). PROPOSED REGULATIONS: 1. For purposes of this section, the "required rear yard" means the minimum rear setback prescribed in Chapter 25.16. 2. For purposes of this section, "rear yard" means the property between the rear wall of the dwelling and the required rear setback line, excluding prescribed side yards. Maximum accessory structure in required rear yard: a) Lots less than 10,000 sq.ft. in area = 200 sq.ft. b) Lots between 10,000 and 11,999 sq.ft. = 300 sq.ft. c) Lots between 12,000 and 14,999 sq.ft. = 400 sq.ft. d) Lots greater than 15,000 sq.ft. = 500 sq.ft. 1 Where an accessory structure is constructed in a required yard, the building dimension shall not exceed 25% of the length of the adjacent property. For purposes of this section , the length of the side property line shall be the distance from the rear wall of the existing dwelling to the rear property line. An accessory structure constructed in the "rear yard" (as defined above) shall comply with the side yards prescribed in Chapter 25.16. No accessory structure in street side yard. An accessory structure which is constructed in both the rear yard and required rear yard shall comply with the setbacks prescribed for the area in which the building is located (i.e., the required rear yard setback shall be met per Section and in the "rear yard" the side setbacks shall be as prescribed in Section 25.16. Setbacks for accessory structures in the required rear yard shall be determined by the height of the proposed structure. Structures 10 feet or less in height may be constructed to within five feet of the side or rear property line. For each additional foot of building height, the setback shall be increased by two (2) feet. Maximum structure height in the required rear yard shall be 14 feet. Total lot coverage cannot exceed the zone coverage limit. Any accessory structure built in both the rear yard and required rear yard shall be separated from the main dwelling by at least 10 feet. wpdocs\sr\access.stx 2 REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * Staff will provide information for the following agenda item as soon as it is available. VI. ORDINANCES For Adoption: F. ORDINANCE NO. 944 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING 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 AND DECLARING THE URGENCY THEREOF. Rec: Waive further reading and adopt. Action: