HomeMy WebLinkAboutORD 1231URGENCY ORDINANCE NO. 1231
Now AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ESTABLISHING A MORATORIUM ON THE
PERMITTING OF ROOF DECKS PENDING A STUDY OF ZONING
REGULATIONS THAT ARE NEEDED TO ALLEVIATE A CURRENT AND
ACTUAL THREAT TO THE PUBLIC HEALTH, SAFETY AND WELFARE AND
DECLARING THE URGENCY THEREOF
WHEREAS, the City of Palm Desert (the "City") has received an inquiry
about roof decks on residential structures; and
WHEREAS, the City of Palm Desert Municipal Code does not specifically
address or regulate the installation of roof decks for residential or business use;
and
WHEREAS, to address the potential concerns regarding the issuance of
permits for the installation of roof decks for residential or business use, it is necessary
to fully analyze the implications of such structures and resolve zoning conflicts; and
WHEREAS, Government Code Sections 36934, 36937 and 65858 expressly
authorize the City Council to adopt by urgency ordinance a moratorium for the
immediate preservation of the public peace, health or safety concerning a use that is
in conflict with a contemplated general plan, specific plan, or zoning proposal that
+ the City is studying or intends to study within a reasonable time.
NOW, THEREFORE, the City Council of the City of Palm Desert DOES
ORDAIN AS FOLLOWS:
SECTION 1 . The City of Palm Desert finds that this Ordinance is required to
prevent a current and immediate threat to the public health, safety and welfare
because the installation of roof decks without appropriate regulation would conflict
with the requirements of the City's General Plan, be inconsistent with surrounding
land uses and might well cause unwanted aesthetic and other negative impacts
upon persons or properties.
SECTION 2. As used in this Ordinance, the term "roof decks" shall mean a
roof, balcony, or terrace used for recreational purposes such as sunbathing or
viewing.
SECTION 3. ADOPTION OF MORATORIUM. The City Council hereby enacts
this Interim Urgency Ordinance establishing a moratorium on the approval and
issuance of any permit, business license, conditional use permit or other
.— entitlement providing for the installation of a roof deck within the City.
aw The City Council hereby enacts this Interim Urgency Ordinance by not less
URGENCY ORDINANCE NO. 1231
than a four -fifths vote, and in light of the findings set forth in Section 1, under the
authority granted to it by Article XI, Section 7 of the California Constitution and
Sections 65858(a) and 36937(b) of the California Government Code, which
allows the City to adopt an Interim Urgency Ordinance in order to protect the public
safety, health, and welfare, prohibiting any uses that may be in conflict with a zoning,
business license or other proposal that the City Council, Planning Commission or
the Planning Department is considering or studying or intends to study within a
reasonable time.
SECTION 4. STUDY. The City Council hereby directs the Planning
Department to consider and study possible means of regulating or prohibiting
roof decks within the City, including zoning -based and business license -based
regulations and other regulations.
SECTION 5. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY
ACT. The City Council finds that this Ordinance is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter
3, because it has no potential for resulting in physical change to the environment,
directly or indirectly.
SECTION 6. WRITTEN REPORT. At least ten (10) days before this Urgency
Ordinance or any extension expires, the City Council shall issue a written report
describing the measures taken to alleviate the condition which led to the adoption of
this Interim Urgency Ordinance.
SECTION 7. SEVERABILITY. If any provision, clause, sentence or paragraph
of this Ordinance, or the application thereof to any person or circumstances, shall
be held invalid, such invalidity shall not affect the other provisions of this Ordinance
which can be given effect without the invalid provision or application and, to this
end, the provisions of this Ordinance are hereby declared to be severable.
SECTION 8. EFFECTIVE PERIOD. This Urgency Ordinance shall take full force
and effect on January 12, 2012, upon its introduction and adoption by the City
Council and shall remain in full force and effect until February 26, 2012, unless
extended by the City Council as provided in Government Code Section 65858. The
City Clerk is directed to publish this Ordinance in the manner and time required by
law.
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URGENCY ORDINANCE NO. 1231
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, as an Urgency Ordinance this 12th day of January, 2012, and was
thereafter on said day signed by the Mayor of the City of Palm Desert.
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )SS.
CITY OF PALM DESERT )
CERTIFICATION FOR URGENCY ORDINANCE NO. 1231
^ I, Rachelle D. Klassen, City Clerk of the City Council of the City of Palm Desert,
California, DO HEREBY CERTIFY that Urgency Ordinance No.1231 , having been
a" regularly introduced at the meeting of January 12, 2012, the reading in full thereof
unanimously waived, and duly passed and adopted as an urgency ordinance by the
following vote, to wit:
AYES: BENSON, FINERTY, HARNIK, KROONEN, and SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ST:
WOHLMUTH, City Manager
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APPROVED/AS TO FORM:
DAVID J. P3WIN, City Attorney