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HomeMy WebLinkAboutORD 945ORDINANCE NO. 945 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, EXTENDING FOR THIRTY (30) DAYS 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 Council of the City of Palm Desert, California, did on the 27th day of April, 2000, pass Ordinance No. 944 adopting for a period of 14 days 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 Council of the City of Palm Desert, California, desires to extend said interim ordinance for an additional 30 days pursuant to California Government Code Section 65858; WHEREAS, the City of Palm Desert in the past has received 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 extend 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 ORDINANCE NO. 945 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 extension of the 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: 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. 2 ORDINANCE NO. 945 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 extends the moratorium established by Ordinance No. 944 for a period of thirty (30) additional 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 excluding from said moratorium structures of 100 square feet or less having a maximum height of 8 feet subject to said structures being approved by the Architectural Review Commission. 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 11th day of May, 2000, by the following vote, to wit: AYES: BENSON, FERGUSON, KELLY, SPIEGEL, WTES NOES: NONE ABSENT: NONE ABSTAIN: NONE BUFO A. CRITES, Mayor City,& Palm Desert, California A PILKWill Me, -