HomeMy WebLinkAboutORD 948ORDINANCE NO. 948
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AMENDING THE MUNICIPAL
CODE SECTION 25.56.280 DETACHED ACCESSORY BUILDINGS
WHEREAS, Government Code § 36937 (B) authorizes the City Council to adopt an
urgency ordinance for the immediate preservation of the public peace, health or safety so
long as the ordinance contains a declaration of the facts constituting the urgency, and so
long as the ordinance is passed by a four -fifths vote of the City Council; and
WHEREAS, in order to protect the public safety, health and welfare, the City desires
to amend the Municipal Code Section 25.56.280 Detached Accessory Buildings; and
WHEREAS, there is a current and immediate threat to the public health, safety or
welfare in that approval of detached accessory buildings in rear yards of residential lots
would result in a threat to the public health, safety or welfare; and
WHEREAS, the Municipal Code does not adequately restrict development, placement,
size and height of detached accessory buildings.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert,
as follows:
Section 1. That the Recitals set forth above are true and correct and are
incorporated herein by this reference.
Section 2. That Municipal Code Section 25.56.280 is hereby amended to read as
follows:
"Section 25.56.280 Detached Accessory Buildings
Accessory buildings except as otherwise controlled by this chapter shall
be subject to the following regulations:
A. Detached accessory buildings shall not be erected in any required
yard setback except a rear yard setback. Accessory buildings not located in
any required yard setback shall not be subject to this section.
B. On lots having 40,000 square feet of lot area or more detached
accessory buildings may be located in a required rear yard setback upon
approval of a conditional use permit by Planning Commission and approval by
Architectural Review Commission.
In reviewing said conditional use permit the Planning Commission
or City Council shall use the criteria enumerated in Municipal Code Section
25.73.013 "Approval or rejection considerations" in making its decision.
ORDINANCE NO. 948
C. On lots having less than 40,000 square feet of lot area detached
accessory buildings used for storage purposes and having 100 square feet or
less of floor area with a maximum height of 8 feet shall be permitted with a
minimum setback of 8 feet from any property line upon approval of
Architectural Review Commission.
Open, non -habitable, gazebo -like structures with a maximum
height of 10 feet shall be permitted with a minimum setback of one foot of
setback for each foot of building height upon approval of Architectural Review
Commission.
Habitable structures, garages, work shops, large storage buildings
and the like shall not be permitted in the required rear yard setback.
D. No accessory building shall be approved if the total building
coverage allowed by the zone is exceeded."
Section 3. This ordinance is passed as an urgency measure pursuant to Government
Code, Section 36937, in the interest of public health, safety and welfare.
Section 4. This ordinance is hereby declared to be an urgency measure and to be
in full force and effect immediately upon passage by a 4/5 vote of the City Council of the
City of Palm Desert, California, pursuant to Government Code Section 36934.
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this 8th day
of June, 2000, by the following vote, to wit:
AYES: Benson, Kelly, Spiegel, Crites
NOES: None
ABSENT: Ferguson
ABSTAIN: None
ATTEST:
RA ELLE KLASSEN, Acting City Clerk
City of Palm Desert, California
APPROV RM:
DAVID J. WKWIN, City Attorney
City of Palm Desert, California
Xe �Ot-
BUF D A. CRITES, Mayor
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