HomeMy WebLinkAboutORD 1199AORDINANCE NO. 1199A
AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM
DESERT, CALIFORNIA, MAKING FINDINGS AND IMPOSING A
45-DAY INTERIM MORATORIUM ON THE ISSUANCE OF PERMITS TO
PARK RECREATIONAL VEHICLES ON PRIVATE PROPERTY.
WHEREAS, the City is receiving applications to park individual recreational
vehicles on private property, which applications may be in conflict with proposed
alternatives and preclude effective implementation of important proposed goals and
policies; and
WHEREAS, to enhance the community's appearance and to protect the public
health, safety, and welfare, the City Council desires to adopt an ordinance to impose a
45-day interim moratorium on the issuance of permits to park recreational vehicles on
private property; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 10tn
day of December, 2009, hold a duly noticed public hearing to consider imposing a
45-day interim moratorium on the issuance of permits to park recreational vehicles on
private property; and
WHEREAS, based on the foregoing, the City Council finds that issuing permits to
park recreational vehicles on private property prior to consideration and adoption of an
alternative ordinance would pose a current and immediate threat to the public health,
safety, and welfare, and that a temporary moratorium on the issuance of such permits is
thus necessary.
NOW, THEREFORE, the City Council of the City of Palm Desert, California does
hereby ordain as follows:
SECTION 1. IMPOSITION OF THE MORATORIUM
A. In accordance with the authority granted to the City of Palm Desert under
Government Code Section 65858, the City Council does adopt a temporary moratorium
on issuance of permits to park recreational vehicles on private property.
B. This ordinance is an interim urgency ordinance adopted pursuant to
Government Code Section 65858, and is for the immediate preservation of the public
health, safety, and welfare. The facts constituting urgency are:
1. The City has recently received a large number of recreational
vehicle parking permit applications which must be reviewed by the
Architectural Review Commission prior to their issuance; and
2. The current municipal code section regulating such permits is
difficult for the Architectural Review Commission to apply due to
vague language; and
ORDINANCE NO. 1199A
3. Property owners in the City have expressed concern that current
regulations allow recreational vehicles to be stored in front yards
resulting in unaesthetic and unsafe circumstances and depreciating
property values; and
4. The City staff wants to revise the ordinance for adoption by the City
Council to ensure that parked recreational vehicles do not create
public safety hazards or diminish property values; and
5. Absent the adoption of this interim urgency ordinance, permits
allowing recreational vehicle parking in an unsafe manner that
decreases property value may be issued.
C. The City Council finds that the adoption of an ordinance imposing a
moratorium on the issuance of permits to park recreational vehicles on private property
is necessary to prevent approval of additional permits that may be inconsistent with
proposed changes to Palm Desert Municipal Code Chapter 8.40 Recreational Vehicles
on Private Property currently under consideration.
D. Notwithstanding any provision of the Municipal Code to the contrary, no
issuance of permit of any nature shall be approved for any request to park a
recreational vehicle on private property within 45-days of this ordinance while Chapter
8.40 Recreational Vehicles on Private Property is under review for potential
amendment.
SECTION 2. SEVERABILITY
If any section, subsection, clause or phrase of this Ordinance or any part thereof
is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portion of the Ordinance. The City Council declares that it would have
passed each section, subsection, paragraph, sentence clause or phrase thereof,
irrespective of the fact that any one or more section, subsection, sentence, clause or
phrase would be declared invalid, unconstitutional or unenforceable.
SECTION 3. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
The City Council finds that this moratorium complies with the "City of Palm
Desert Procedure for Implementation of California Environmental Quality Act,
Resolution No. 02-60", in that the Director Community Development has determined,
pursuant to Section 3.07, that the moratorium is exempt because there is no possibility
that the adoption of the moratorium will have significant effect on the environment.
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ORDINANCE NO. 1199A
SECTION 4. EFFECTIVE DATE
This Ordinance shall become effective immediately upon adoption if adopted by at least
four -fifths (4/5) vote of the City Council and shall be in effect for forty-five (45) days from
the date of adoption unless extended by the City Council as provided for in the
Government Code.
SECTION 5. PUBLICATION
The City Clerk of the City of Palm Desert, California, is hereby directed to publish
this ordinance in the Desert Sun, a newspaper of general circulation, published and
circulated in the City of Palm Desert, California.
PASSED, APPROVED and ADOPTED this 10th day of December, 2009, by the
City Council of the City of Palm Desert, California by the following vote, to wit:
AYES: BENSON, FERGUSON, KELLY, SPIEGEL, and FINERTY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CINDY FIN RT , MAYOR
ATTEST:
RAC EL E D. K SS CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
I�-I-7- o1
APPROVED AS TO FORM:
DAVID E IN, CITY ATTORNEY
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