HomeMy WebLinkAboutORD 1267AORDINANCE NO. 1267A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE
AMENDMENT TO MODIFY SECTION 25.40.050 ACCESSORY
STRUCTURES TO REFINE PLACEMENT STANDARDS AND SECTION
25.99 DEFINITIONS TO COMBINE AND MAKE DEFINITIONS COSISTENT
FOR ACCESSORY BUILDINGS AND STRUCTURES
CASE NO: ZOA 13-357
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 21 sc day of January, 2014, hold a duly noticed public hearing to consider the request by
the City of Palm Desert for approval of the above noted, and recommend that the City
Council approve the zoning ordinance amendment subject to the creation of a sunset
clause; 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. 2013-16, the Director of Community Development has determined that the
proposed action qualifies as a Class 3 and Class 5 categorically exemption under CEQA,
and is not subject to further environmental review.
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said City Council
did find the following facts and reasons to exist to justify approval of the zoning
ordinance amendment:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings of the
City Council in this case.
2. That the City Council does hereby approve Zoning Ordinance Amendment 13-
357 as proposed.
ORDINANCE NO. 1267A
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 24thday of April 2014, by the
following vote, to wit:
AYES: BENSON, HARNIK, SPIEGEL, WEBER, and TANNER
NOES: NONE
ABSENT: NONE.
ABSTAIN: NONE
VAN G. TANNER, MAYOR
ATTEST:
HELLE D. KL EN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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ORDINANCE NO. 1267A
EXHIBIT A
Section 1. 25.40.050 Accessory Buildings and Structures
Detached accessory buildings and structures, except as otherwise
controlled by this chapter or located within the building envelope
established by the zoning district, shall be subject to the following
regulations:
A. Placement Requirements. The placement or construction of an
accessory building or structure on a parcel shall not exceed the
maximum lot coverage allowed by the zone. Accessory buildings or
structures are permitted on residential properties subject to the
following placement requirements:
1. In the rear yard setback, subject to the standards listed below.
2. In the side yard setback, if the following conditions can be met:
i. The side yard is enclosed by a solid wall or fence,
ii. The maximum structure height does not exceed 7 feet,
iii. The structure is setback a minimum of 3 feet from the side
yard property line,
iv. The placement of the structure shall not block any required
emergency ingress or egress (minimum of 3') to or from the
residence.
B. Enclosed Buildings. Enclosed buildings including, but not limited to,
storage sheds, greenhouses, and detached garages are permitted
subject to the following:
1. Enclosed buildings less than, or equal to, 8 feet in height are
permitted on all residential lots, with a minimum set back from a
property line a distance equal to its height.
2. Enclosed buildings greater than 8 feet in height, but less than 14
feet in height, are permitted on lot sizes greater than 12,000
square feet in area. Enclosed buildings shall not occupy more
than 25 percent of the required yard setback, and shall be set
back from any property line a distance equal to its height.
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ORDINANCE NO. 1267A
3. Enclosed buildings greater than 14 feet in height are permitted
on lot sizes greater than 40,000 square feet in area. Buildings
and structures with a maximum height of 18 feet, one-story, and
with a set back from property line at a distance equal to its
height, may be permitted subject to approval of a conditional
use permit as described in Section 25.72.050.
C. Open Structures. Open, non -habitable, structures, including, but not
limited to, playground equipment, gazebos, arbors and trellises, are
permitted with a maximum height of 10 feet above grade and if set
back from property lines a distance equal to the structure's height.
Playground equipment and other structures with elevated platforms are
limited to a maximum platform height of 5 feet. Structures with elevated
platforms shall require additional landscape screening to restrict views
into neighboring residences. Landscape improvements shall include
placement of shrubs and trees along the rear and side property lines.
D. Temporary Structures. Temporary structures including, but not
limited to, fabric tents, are permitted for placement outside of the
standards listed above. No single property shall place any temporary
structure for a length of time greater than four consecutive days and no
more than five times per calendar year.
E. Prohibited Structures. Roof decks and roof deck structures are
prohibited.
F. Non -conforming Accessory Buildings and Structures. Existing
accessory buildings and structures located on private property at the
time of the ordinance codified in this chapter, which do not comply with
the requirements of this chapter as amended, shall be deemed non-
conforming uses, and shall be made to comply, be removed, or
demolished within one-year of this ordinance being adopted.
Section 2. 25.99 Definitions
25.99.020 Land Use Definitions
Accessory Building or Structure. Accessory building or structure
means a subordinate building or structure located on a building site, the
use of which is customarily related to that of a main building or to the use
of the land.
Building. Building means a structure having a roof supported by columns
or walls.
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ORDINANCE NO. 1267A
Structure. Structure means anything placed, constructed or erected,
which may be readily movable or collapsible, and may require a fixed
location on the ground or attached to something having a fixed location on
the ground, except business signs and other improvements of a minor
character.
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