HomeMy WebLinkAboutORD 970ORDINANCE NO. 970
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO
CHAPTER 25.56.280 DETACHED ACCESSORY BUILDINGS.
CASE NO. ZOA 00-04
WHEREAS, the City Council of the City of Palm Desert, California, did on the 12th
day of October, 2000, hold a duly noticed public hearing to consider an amendment to the
Palm Desert Municipal Code, Chapter 25.56.280 as described above; and
WHEREAS, the Planning Commission by its Resolution No. 2016 has recommended
approval; 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. 00-24," in that the Director of Community Development has determined that the project
is a Class 5 Categorical Exemption; and
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 its action as described below:
1 . That the Zoning Ordinance amendment is consistent with the objectives of the
Zoning Ordinance;
2. That the Zoning Ordinance amendment is consistent with the adopted General
Plan and affected specific plans; and
3. That the Zoning Ordinance amendment would better serve the public health,
safety and general welfare than the current regulations.
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 Council in this case.
2. That ZOA 00-04 as delineated in the attached Exhibit "A" is hereby ordained.
ORDINANCE NO. _97o
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 26th day of October , 2000, by the following vote, to wit:
AYES: BENSON, FERGUSON, KELLY, SPIEGEL, CRITES
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
SHEILA R. CaMIGAN, q1t# Clerk
City of Palm Desert, Carifornia
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B ORD A. CRITES, Mayor
NWM
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ORDINANCE NO. 970
EXHIBIT "A"
Section 1 That Municipal Code Section 25.56.280 is hereby amended to read as follows:
"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
except a rear yard. Accessory buildings not located in any required yard shall not be subject
to this section.
B. On lots having 12,000 square feet of lot area or more detached
accessory buildings may be located in a required rear yard upon approval of a conditional
use permit by Planning Commission and approval by Architectural Review Commission.
Said detached accessory building shall not exceed one story or 14 feet in height and may
not occupy more than 25 % of the required rear yard and shall be set back from the property
lines a distance equal to its height.
On lots having 40,000 square feet of lot area or more, the maximum height
shall be one story and 18 feet provided the structure is setback from property line a
distance equal to its height.
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.
C. On lots having less than 12,000 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 eight feet shall be permitted with a minimum setback of
eight feet from any property line upon approval by 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.
D. No accessory building shall be approved if the total building coverage
allowed by the zone is exceeded."
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