HomeMy WebLinkAboutORD 944ORDINANCE NO. 944
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
PALM DESERT, CALIFORNIA, ADOPTING A MORATORIUM
ON THE ACCEPTANCE OF APPLICATIONS AND THE
ISSUANCE OF APPROVALS FOR THE CONSTRUCTION
AND DEVELOPMENT OF ACCESSORY BUILDINGS IN
REAR YARDS IN RESIDENTIAL DISTRICTS
WHEREAS, the City of Palm Desert in the recent past has received numerous
requests for approval of accessory buildings in rear yards in residential districts;
WHEREAS, accessory structures in rear yards in residential districts can have a
significant adverse impact on adjacent residential lots in the area;
WHEREAS, the Zoning Ordinance Review Commission of the City of Palm Desert
is studying the issue of accessory structures in rear yards of residential districts;
WHEREAS, the City Council desires to adopt an interim urgency ordinance to
impose a temporary moratorium on the acceptance of application for, and the issuance of,
City approvals for any new accessory buildings in rear yards in residential districts in order
to allow the City a reasonable amount of time to study the issue and enact appropriate
regulatory and zoning ordinances; and
WHEREAS, to protect the public health, safety and welfare, California Government
Code Section 65858 authorizes the City to adopt interim urgency ordinances prohibiting
any uses which may be in conflict with a contemplated zoning proposal which the City is
studying or considering or intends to study or consider within a reasonable time; and
.WHEREAS, California Government Code Section 36937 and 65858 require that an
interim urgency ordinance be adopted by a four -fifths vote of the City Council.
NOW, THEREFORE, the City Council of the City of Palm Desert does ordain as
follows:
Section 1. The City Council declares that the adoption of an interim urgency
ordinance imposing a moratorium on the acceptance of applications and the issuance of
approvals for the construction and development of new accessory structures in rear yards
in residential districts is necessary for the immediate protection of the public welfare, and
hereby finds and determines as follows:
ORDINANCE NO. 944
1) The current City code regulating accessory buildings in rear yards in
residential districts allows fourteen (14) foot high structures within five (5)
feet of a side and rear property line.
2) Structures of this height being this close to the property line has the potential
to significantly impact the adjacent properties.
3) The City's Municipal Code must be amended so as to adequately address
the regulation of accessory buildings in rear yards in residential districts.
4) The City's Zoning Ordinance Review Committee is presently reviewing the
existing City ordinance which regulates accessory buildings in residential
districts and has indicated that it needs more time to adequately study the
issue.
5) Accepting applications and issuing approvals for the construction and
development of accessory buildings in rear yards in residential districts under
the existing ordinance provisions could result in negative aesthetic affects
and lower property values for the surrounding properties and the community
as a whole.
6) The City Council desires to minimize and control these negative effects, and
thereby protect the welfare of the residents of the City; preserve the quality
of life in the community; and preserve the property values and the character
of the neighborhoods surrounding potential accessory buildings in rear yards
of residential districts.
7) Unless the City adopts an interim urgency ordinance to impose a temporary
moratorium on the acceptance of applications and the issuance of approvals
for accessory buildings in rear yards in residential districts in the City, the
additional construction and development of accessory buildings in rear yards
in residential districts in the City may result in negative aesthetic impacts and
lower property values in the community.
Section 2. Pursuant to the authority granted to the City by Government Code
Section 65858, the City Council hereby imposes a moratorium for a period of fourteen (14)
days, with the possible extension for an additional 30 days, on the acceptance of
applications and the issuance of approvals for the construction and development of
accessory buildings in rear yards in residential districts in the City.
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ORDINANCE NO. 944
Section 3. This Ordinance shall take effect immediately upon its passage by a four -
fifths vote of the City Council.
Section 4. The City Clerk shall certify to the passage and adoption of this Ordinance
and shall cause the same to be published once in the Palm Desert Sun, a newspaper of
general circulation, printed, published and circulated within the City of Palm Desert.
PASSED, APPROVED and ADOPTED this 27th day of April, 2000, by the
following vote, to wit:
AYES: BENSON, FERGUSON, MXY, SPIEGEL, CRITES
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
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C
BUFO A. CRITES, Mayor
City ofPalm Desert, Califomia
ATTEST:
RACH LLE D. RLASSEN, cting City Clerk
City of Palm Desert, Califomia