HomeMy WebLinkAboutORD 1232ORDINANCE NO. 1232
AN URGENCY ORDINANCE OF THE CITY OF PALM DESERT,
CALIFORNIA, MAKING FINDINGS AND IMPOSING AN EXTENSION
TO THE 45- DAY MORATORIUM FOR UP TO 10-112 MONTHS ON
ISSUANCE OF BUILDING PERMITS, CONDITIONAL USE PERMITS,
AND RELATED ENTITLEMENTS FOR CONSTRUCTION OF ROOF
DECKS WITHIN THE CITY WHILE OPTIONS FOR LONG-TERM
REGULATORY STRATEGY ARE STUDIED.
WHEREAS, the City Council of the City of Palm Desert, California, did on the 91h day
of February 2012, hold a duly noticed public hearing to consider extending for up to 10-112
months the 45-day interim moratorium on the issuance of building permits, Conditional Use
Permits, and related entitlements for construction of roof deck: and
WHEREAS, on January 12, 2012, the City Council approved a 45-day interim
moratorium on issuance of building permits, Conditional Use Permits, and other
entitlements for construction of roof decks within the City while options for long-term
regulatory strategy are studied; 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 10-112 months on the issuance
of roof decks within the City: and
WHEREAS, based on the foregoing, the City Council finds that issuing building
permits, Conditional Use Permits, and related entitlements for construction of roof decks
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 building permits, Conditional Use Permits, and other entitlements for
construction of roof desks.
B. This ordinance is adopted pursuant to Government Code Section 65858, and
immediate preservation of the public health, safety, and welfare. The facts necessitating
this moratorium are:
1. the City has recently received an application for a roof deck and the City
Council directed staff to prepare a 45-day moratorium; and
1(A). except for roof decks for which an application for building permit was
submitted prior to January 12, 2012, which shall not be subject to this moratorium; and
ORDINANCE NO. 1232
2. the City staff wants to study the matter to ensure that roof decks do not create
public safety hazards or diminish property values; and "
3. the City staff is requesting the extension for an additional 10-1/2 months to
study the issues identified with land use, enforcement, and community compatibility.
C. The City Council finds that the adoption of an ordinance extending the
moratorium on of the issuance of building permits, Conditional Use Permits, and related
entitlements for construction of roof decks within the City.
D. Notwithstanding any provision of the Municipal Code to the contrary, no
issuance of permit of any nature shall be approved for any request for roof decks within the
10-1/2 months of this ordinance while options for long-term regulatory strategy are studied.
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. 2011-
84. 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.
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.
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.
ORDINANCE NO. 1232
PASSED, APPROVED and ADOPTED this 9th day of February, 2012, by the City
Council of the City of Palm Desert, California by the following vote, to wit:
AYES: BENSON, FINERTY, HARNIK, KROONEN, and SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ROBERT A. SPIE EL,
City of Palm Desert, Californi
ATTEST:
RA HELLE D. AS N. City Clerk
City of Palm Desert. California
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APPROVE AS TO FORM:
DAVID J. KRt0s11N. City Attorney