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HomeMy WebLinkAboutRes No 2016PLANNING COMMISSION RESOLUTION NO. 2016 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO CHAPTER 25.56.280 DETACHED ACCESSORY BUILDINGS. CASE NO. ZOA 00-04 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of September, 2000, hold a duly noticed public hearing to consider an amendment to the Palm Desert Municipal Code, Chapter 25.56.280 Detached Accessory Buildings; 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. 00-24," in that the Director of Community Development has determined that the project is a Class 5 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify its recommendation as described below: 1. That the Zoning Ordinance amendment is consistent with the objectives of the Zoning Ordinance; 2. That the Zoning Ordinance amendment is consistent with the adopted General Plan and affected specific plans; and 3. That the Zoning Ordinance amendment would better serve the public health, safety and general welfare than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That the Planning Commission does hereby recommend to the City Council approval of a Zoning Ordinance text amendment as provided in the attached Exhibit "A" to amend Municipal Code Chapter 25.56.280. PLANNING COMMISSION RESOLUTION NO. 2016 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of September, 2000, by the following vote, to wit: AYES: CAMPBELL, FINERTY, JONATHAN, LOPEZ, BEATY NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PHILIP DRELL, ecretary Palm Desert Planning Commission 2 a_ • PAUL R. BEATY, Chairpe\4on PLANNING COMMISSION RESOLUTION NO. 2016 EXHIBIT "A" Section 1 That Municipal Code Section 25.56.280 is hereby amended to read as follows: "25.56.280 Detached Accessory Buildings. Accessory buildings except as otherwise controlled by this chapter shall be subject to the following regulations: A. Detached accessory buildings shall not be erected in any required yard except a rear yard. Accessory buildings not located in any required yard shall not be subject to this section. B. On Tots having 12,000 square feet of lot area or more detached accessory buildings may be located in a required rear yard upon approval of a conditional use permit by Planning Commission and approval by Architectural Review Commission. Said detached accessory building shall not exceed one story or 14 feet in height and may not occupy more than 25% of the required rear yard and shall be set back from the property lines a distance equal to its height. On Tots having 40,000 square feet of lot area or more, the maximum height shall be one story and 18 feet provided the structure is setback from property line a distance equal to its height. In reviewing said conditional use permit the Planning Commission or City Council shall use the criteria enumerated in Municipal Code Section 25.73.013 "Approval or rejection considerations" in making its decision. C. On lots having less than 12,000 square feet of lot area detached accessory buildings used for storage purposes and having 100 square feet or less of floor area with a maximum height of eight feet shall be permitted with a minimum setback of eight feet from any property line upon approval by 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 building height upon approval of Architectural Review Commission. Habitable structures, garages, work shops, large storage buildings and the like shall not be permitted in the required rear yard. D. No accessory building shall be approved if the total building coverage allowed by the zone is exceeded." 3