HomeMy WebLinkAboutORD 1206ORDINANCE NO. 1206
AN URGENCY ORDINANCE OF THE CITY OF PALM DESERT,
CALIFORNIA, MAKING FINDINGS AND IMPOSING A 10-1/2 MONTH
EXTENSION TO THE EXISTING 45 DAY INTERIM MORATORIUM ON
ISSUANCE OF PERMITS TO PARK RECREATIONAL VEHICLES ON
PRIVATE PROPERTY.
WHEREAS, the City Council of the City of Palm Desert, California, did on the 281h
day of January 2010, hold a duly noticed public hearing to consider extending for up to 10-
1 /2 months the 45-day interim moratorium on approvals to park recreational vehicles on
private property; and
WHEREAS, on December 10, 2009, the City Council approved an interim
moratorium on the issuance permits to park recreational vehicles on private property until
the City Council considers and enacts an alternative ordinance; and
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 an
extension of the 45 day interim moratorium for up to another 10-1/2 months 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 an extension to the temporary moratorium on the issuance of such
permits is 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 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 that must be reviewed by the Architectural Review
Commission prior to issuance of permits; and
2. The current municipal code section regulating such permits is difficult for the
Architectural Review Commission to apply due to vague language; and
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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 desires 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 urgency ordinance, permits allowing recreational
vehicle parking in an unsafe manner that decrease property value may be
issued.
C. The City Council finds that the adoption of an ordinance imposing a
moratorium on of 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 10-1/2 months 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 of 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.
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 ten and one half (10-1/2)
months from the date of adoption unless extended by the City Council as provided for in the
Government Code.
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ORDINANCE NO. 1206
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 28th day of January, 2010, by the City
Council of the City of Palm Desert, California, by the following vote, to wit:
AYES: BENSON, FERGUSON, SPIEGEL, and FINERTY
NOES: NONE
ABSENT: KELLY
ABSTAIN: NONE
CI DY FINER MAYOR
ATTEST:
C ELLE D. LAS ,CITY CLE K
CITY OF PALM DESERT, CALIFORNIA
APPROVED AS TO FORM:
2-
DAVID J. MON. CITY ATTORNEY
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