HomeMy WebLinkAboutUrgent Ordinance 1232 - Extension of Existing 45-Day Moratorium - Roof DecksCITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: RECOMMENDATION FOR APPROVAL OF:
• A 10-1/2 MONTH EXTENSION OF THE EXISTING 45-DAY
MORATORIUM ON ISSUANCE OF BUILDING PERMITS,
CONDITIONAL USE PERMITS, AND RELATED ENTITLEMENTS
FOR CONSTRUCTION OF ROOF DECKS WITHIN THE CITY
WHILE OPTIONS FOR LONG-TERM REGULATORY STRATEGY
ARE STUDIED; AND
• AN EXCEPTION FOR A BUILDING PERMIT THAT WAS
SUBMITTED BEFORE THE 45-DAY INTERM MORITORIUM TO
ALLOW A VIEWING ROOF DECK LOCATED ON A PROPOSED
CASITA ADDITION AT A RESIDENCE IN SOUTH PALM DESERT
LOCATED AT 73-271 BUCKBOARD TRAIL, SUBJECT TO THE
DIRECTOR OF COMMUNITY DEVELOPMENT CONDITIONS OF
APPROVAL: 1. THE PROPERTY OWNER MUST RECORD ALL
CONDITIONS AGAINST THE PROPERTY; 2. APPLICANT MUST
ADD LANDSCAPE MATERIAL IN THE SOUTHEAST CORNER OF
THE PROPERTY TO THE SATISFACTION OF THE DIRECTOR; 3.
THE LANDSCAPING AROUND THE EAST, WEST, AND SOUTH
PROPERTY LINES MUST BE MAINTAINED AT A HEIGHT OF 15
FEET; 4. IF THE PROPERTY IS SOLD, THE NEW OWNER MUST
MAINTAIN THE LANDSCAPING AROUND THE EAST, WEST,
AND SOUTH PROPERTY LINES.
SUBMITTED BY: Kevin Swartz, Assistant Planner
DATE: February 9, 2012
CONTENTS: Ordinance No. 1232
Legal Notice
Silver Spur Ranch Association letter dated November 18, 2011
3D image of the casita showing the viewing roof deck
Photos
Recommendation:
1. That the City Council, by four -fifths vote, waive further reading and adopt
Ordinance No. 1232 approving an extension for an additional 10-1/2
months to the existing 45-day interim moratorium on issuance of building
permits, Conditional Use Permits, and other entitlements for construction
of roof decks; and
Roof Deck Moratorium
February 9, 2012
Page 2 of 3
2. By minute motion, that the City Council approve an exception to allow a
viewing roof deck located on a proposed casita addition at 73-271
Buckboard Trail, subject to conditions.
Executive Summary:
On January 12, 2012 the City Council approved an Urgency Ordinance for a 45-day interim
moratorium on issuance of building permits, Conditional Use Permits, and other
entitlements for construction of roof decks. Approval of the extension for an additional 10-
1/2 months would eliminate the possibility of construction of any roof decks, which can
undermine the goals and policies of the City of Palm Desert General Plan, while the issue
is studied further. Long term regulatory control of roof decks can then be included as part
of the Zoning Ordinance update process that is currently underway and expected to be
completed later in 2012.
On January 11, 2012 Mr. Jeffords submitted building plans to the Department of Building
and Safety for a 974 square -foot casita, which includes a viewing roof deck. In the past,
staff has not allowed viewing roof decks, because of potential privacy concerns from
adjacent neighbors. The Zoning Ordinance does not prohibit viewing roof decks in the
single-family zone. Staff believes that at this location a viewing roof deck would not be
detrimental to the existing neighbors because of location and existing landscaping. Staff is
recommending that the City Council grant an exception to allow the viewing roof deck,
since the building plans were submitted before the 45-day interim moratorium was
imposed.
Discussion:
In December 2011, Mr. Jeffords submitted preliminary plans for a casita addition at his
residence in south Palm Desert, located on the northwest corner of Buckboard Trail and
Arrow Trail, within Silver Spur Ranch. Staff informed the homeowner that roof decks are
not allowed in single-family zones because of potential privacy concerns from adjacent
neighbors. The homeowner challenged staff's position, and requested a copy of the
ordinance prohibiting the roof deck in single-family zones. In reviewing the Zoning
Ordinance, staff determined that there is no specific prohibition against roof decks in
single-family zones, and the City Attorney confirmed staff's conclusion. Staff informed the
homeowner that the City Council requested a 45-day interim moratorium on all roof decks
within the City, and the item would be on the January 12, 2012 City Council meeting.
On January 11, 2012 the homeowner submitted building plans to the Department of
Building and Safety, for a 974 square foot casita, with a viewing roof deck. The proposed
casita is at 14'4" in total height. The viewing deck elevation is at 10 feet above grade with a
4'4" parapet wall built around the roof deck. Except for a small section, the homeowner has
15' of existing landscaping around the east, west, and south property lines, which block all
neighboring views. Staff visited the site and stood on an eight -foot latter looking in all
Roof Deck Moratorium
February 9, 2012
Page 3 of 3
directions, and took photos which are attached to the staff report. With the exception of a
short portion of wall in the southeast corner of the property, staff did not see any concerns
with potential privacy concerns. The homeowner has voluntarily agreed to add landscaping
in the area described, and to maintain the landscaping and record the conditions of
approval to his property. Also, Silver Spur Ranch Homeowner's Association has approved
the construction, but had concerns of the use of the deck, which was addressed in their
letter dated November 18, 2011, attached to the staff report.
On January 12, 2012 the City Council imposed a 45-day interim moratorium on issuance of
building permits, Conditional Use Permits, and related entitlements for construction of roof
decks. So far, during the 45-day period, staff has been reviewing the possible impacts and
studying the issue farther. Staff will need to verify the intent of the City's policy makers and
analyze conditions, if any, under which such decks may not pose a threat to the privacy of
neighboring residents. The findings of this analysis will be used to shape development
standards in the update of the Zoning Ordinance that is currently underway.
Staff is still in the process of researching this information and is requesting additional time
extending the moratorium for an additional 10-1/2 months.
Submitted by:
Kevin Swartz
Assistant Planner
Jof�n M. Wohlmuth
City Manager
Department Head:
Lauri Aylaian
Director, Community Development
CITY COUNCI�CTION
APPROVED DFNWID
4CEIVED OTHER
MEETING DATE ' 1- .:1��
AYESs�1 L alJO& r(1 /�'Z el),.
NOES:
ABSENT:
ABSTAIN: ? `
VERIFIED BY: IULIML
Original on File with City Clerk's Office
Two Actions Here. FINAL ACTION:
By Minute Motion, requested reconsideration and
continuance of this public hearing to the
meeting of March 8, 2012.
3-2 (Benson, Finerty NO)
ORDINANCE NO. 1232
AN URGENCY ORDINANCE OF THE CITY OF PALM DESERT,
CALIFORNIA, MAKING FINDINGS AND IMPOSING AN EXTENSION
TO THE 45- DAY MORATORIUM FOR UP TO 10-1/2 MONTHS ON
ISSUANCE OF BUILDING PERMITS, CONDITIONAL USE PERMITS,
AND RELATED ENTITLEMENTS FOR CONSTRUCTION OF ROOF
DECKS WITHIN THE CITY WHILE OPTIONS FOR LONG-TERM
REGULATORY STRATEGY ARE STUDIED.
WHEREAS, the City Council of the City of Palm Desert, California, did on the 91h day
of February 2012, hold a duly noticed public hearing to consider extending for up to 10-1/2
months the 45-day interim moratorium on the issuance of building permits, Conditional Use
Permits, and related entitlements for construction of roof deck; and
WHEREAS, on January 12, 2012, the City Council approved a 45-day interim
moratorium on issuance of building permits, Conditional Use Permits, and other
entitlements for construction of roof decks within the City while options for long-term
regulatory strategy are studied; and
WHEREAS, to enhance the community's appearance and to protect the public
health, safety, and welfare, the City Council desires to adopt an ordinance to impose an
extension of the 45-day interim moratorium for up to another 10-1/2 months on the issuance
of roof decks within the City; and
WHEREAS, based on the foregoing, the City Council finds that issuing building
permits, Conditional Use Permits, and related entitlements for construction of roof decks
prior to consideration and adoption of an alternative ordinance would pose a current and
immediate threat to the public health, safety, and welfare, and that a temporary moratorium
on the issuance of such permits is thus necessary.
NOW, THEREFORE, the City Council of the City of Palm Desert, California does
hereby ordain as follows:
SECTION 1. IMPOSITION OF THE MORATORIUM
A. In accordance with the authority granted to the City of Palm Desert under
Government Code Section 65858, the City Council does adopt a temporary moratorium on
issuance of building permits, Conditional Use Permits, and other entitlements for
construction of roof desks.
B. This ordinance is adopted pursuant to Government Code Section 65858, and
immediate preservation of the public health, safety, and welfare. The facts necessitating
this moratorium are:
1. the City has recently received an application for a roof deck and the City
Council directed staff to prepare a 45-day moratorium; and
1(A). except for roof decks for which an application for building permit was
submitted prior to January 12, 2012, which shall not be subject to this moratorium; and
ORDINANCE NO. 1232
2. the City staff wants to study the matter to ensure that roof decks do not create
public safety hazards or diminish property values; and
3. the City staff is requesting the extension for an additional 10-1/2 months to
study the issues identified with land use, enforcement, and community compatibility.
C. The City Council finds that the adoption of an ordinance extending the
moratorium on of the issuance of building permits, Conditional Use Permits, and related
entitlements for construction of roof decks within the City.
D. Notwithstanding any provision of the Municipal Code to the contrary, no
issuance of permit of any nature shall be approved for any request for roof decks within the
10-1/2 months of this ordinance while options for long-term regulatory strategy are studied.
SECTION 2. SEVERABILITY
If any section, subsection, clause or phrase of this Ordinance or any part thereof is
for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portion of the Ordinance. The City Council declares that it would have passed each section,
subsection, paragraph, sentence clause or phrase thereof, irrespective of the fact that any
one or more section, subsection, sentence, clause or phrase would be declared invalid,
unconstitutional or unenforceable.
SECTION 3. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council finds that this moratorium complies with the "City of Palm Desert
Procedure for Implementation of California Environmental Quality Act, Resolution No. 2011-
84, in that the Director Community Development has determined, pursuant to Section 3.07,
that the moratorium is exempt because there is no possibility that the adoption of the
moratorium will have significant effect on the environment.
SECTION 4. EFFECTIVE DATE
This Ordinance shall become effective immediately upon adoption if adopted by at
least four -fifths (4/5) vote of the City Council and shall be in effect for ten and one half (10-
1/2) months from the date of adoption unless extended by the City Council as provided for
in the Government Code.
SECTION 5. PUBLICATION
The City Clerk of the City of Palm Desert, California, is hereby directed to publish
this ordinance in the Desert Sun, a newspaper of general circulation, published and
circulated in the City of Palm Desert, California.
ORDINANCE NO. 1232
PASSED, APPROVED and ADOPTED this day of , 2012, by the City
Council of the City of Palm Desert, California by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL, Mayor
City of Palm Desert, California
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
APPROVED AS TO FORM:
DAVID J. ERWIN, City Attorney
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73-510 Plum WAITING DRIVV
PALL Desuri, CAI II ORNIA 9226o-2578
TEL: 760 346—o61 i
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rAx: 760 341-7098
infoC palm-de>en.org
CITY OF PALM DESERT
LEGAL NOTICE
CONSIDERATION BY THE CITY COUNCIL EXTENDING THE 45-
DAY MORATORIUM FOR AN ADDITIONAL 10-1/2 MONTHS ON
ISSUANCE OF BUILDING PERMITS, CONDITIONAL USE
PERMITS, AND RELATED ENTITLEMENTS FOR CONSTRUCTION
OF ROOF DECKS WITHIN THE CITY WHILE OPTIONS FOR LONG-
TERM REGULATORY STRATEGY ARE STUDIED.
PROJECT LOCATION FOR THE MORATORIUM:
City wide, City of Palm Desert
PUBLIC HEARING:
SAID public hearing will be held on Thursday, February 9, 2012 at 4:00 p.m. in the
Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm
Desert, California, at which time and place all interested persons are invited to attend and
be heard. Written comments concerning all items covered by this public hearing notice
shall be accepted up to the date of the hearing. Information concerning the proposed
moratorium is available for review in the Department of Community Development at the
above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If
you challenge the proposed actions in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the City Council at, or prior to, the public hearing.
PUBLISH: Desert Sun Rachelle Klassen, City Clerk
January 28, 2012 City of Palm Desert, California
Silver Spur Ranchers Association
P. a Box 680
Palm Desert, CA 92261
November 18, 2011
Mr. James Jeffords
73-271 Buckboard Trail
Palm Desert, CA
Dear Mr. Jeffords:
Pursuant to my meeting with you along with Carol Tostenson on Monday November 14,
we wish to confirm our mutual understanding of your proposed expanded casita on your
property located at the above address. You presented an artist rendering with two
views and a floor plan.
Your plans reflect the construction of a two room casita. One room is considered the
living area and the other being an adjacent bedroom. Your plan indicates the structure
will be at a maximum height of 15 feet on the exterior, with the inside areas having 10
foot ceilings. You also propose to install a circular staircase in the living area near the
entrance of the casita. This staircase will lead to the roof deck you are planning. As
such, the external walls of the casita above living area will only be approximately 3.5 to
4.0 feet in height. Finally, the roof deck will not be used for a daily living area.
Our concern is with the roof deck being a venue that would encroach upon the privacy of
your neighbors in the area. Article III Sec 2 of the CC&Rs in part, specifically states,
"....nor shall anything be done thereon which may be, or may become, an annoyance or
nuisance to the neighborhood, or which shall in any way interfere with the quiet
enjoyment of each of the owners.....". I supplied you with a full set of the CC&Rs when
we first spoke in late October.
Based on your current plans, the Association does not have any objections to the
construction. However, should your plans be altered in any fashion, we require you to
present these changes before actual construction begins. Our concern still remains
regarding the use of the deck.
Page 2
As you know, you are obligated to submit your final plans to the City for approval and
abide by the planning, construction and permit regulations that govern the City of Palm
Desert's building codes. Furthermore, the Association's approval of the construction
does not supersede any building codes or approvals required by the City.
If you agree with the details of paragraph two of this letter, please acknowledge this by
signing below and returning the original signature in the enclosed envelope.
Sincerely,.
Joe Dikdan
Acting President
Silver Spur Ranchers Association
cc: P. Dillon, C. Tostenson - Architectural Committee
Tony Bagato - City of Palm Desert
I, , hereby acknowledge and agree with the contents of paragraph
two above.
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Silver Spur Ranchers Association, Inc.
P. O. Box 680
Palm Desert, CA 92261-0680
760.774.9289
February 6, 2012
Dear Mayor and City Council,
Due to my wife's surgery Thursday, I will be unable to attend the
public hearing regarding the moratorium on roof decks.
Could it be possible to have my comments read in the public
forum in my absences?
Attached are my prepared comments.
Respectfully,
J-0e Dikdanxj-
'=
Acting President
N
;7. vey
Silver Spur Ranchers Association'
m
Thank you Mayor and Council members for this opportunity
to speak.
I am Joe Dikdan representing Silver Spur Ranchers
Association.
As stated in our letter of January 23 to the Mayor and
Council Members, roof decks in the City of Palm Desert
could cause a deterioration of the quality, peacefulness and
safety of the residents adjacent to a home with a roof deck.
Our Association supports the current moratorium and the
proposed extension to restrict the construction of roof
decks. Further, we solicit the City's Planning, Safety and
Development Departments as well as final approval by the
City Council, to permanently restrict the construction of roof
decks in any fashion.
A roof deck could affect up to 5 neighbors.
A roof deck most of all, would cause neighbor's privacy to
be violated.
Think of sitting in your back yard and having a neighbor peer
over while you swim or read the paper. It may be difficult
to sell your home with a neighbor having a roof deck.
There could potentially be outdoor stair cases, which are
unsightly.
Additionally, a roof deck could be a venue for firepits and
chimenias which could cause a safety hazard. (Unlike patio
fixtures with water hoses available nearby).
Silver Spur's CC&Rs as well as the City's ordinances are not
clear or specific on roof decks.
I trust the Council and city departments will act to
permanently prohibit roof decks for the preservation of all
resident's peace and tranquility.
Thank you.
Klassen, Rachelle
From:
Swartz, Kevin
Sent:
Tuesday, February 07, 2012 3:58 PM
To:
Klassen, Rachelle
Subject:
FW: Roof Decks
Please include this as public record.
From: Joedikdan(&aol.com Lmailto:Joedikdan@aol.coml
Sent: Tuesday, February 07, 2012 3:40 PM
To: Swartz, Kevin
Subject: Roof Decks
Kevin, following up on my voice mail back to you, Tony Bagato suggested I send something in writing.
We do support an extension of the roof deck moratorium. Secondly, we would like to see a permanent ban on the
construction of roof decks in Palm Desert as outlined in my communications to the city.
Regarding Silver Spurs "approval" of Mr Jeffords casita and roof deck, we "approved" the plan due to the fact our CC &
Rs, do not specifically prohibit such a structure, although the by-laws state, ..... No building shall be erected other than a
single story, single family residence together with a garage and/or guest house". We also supplied Mr. Jeffords a letter
regarding our concerns and asked him to sign our mutual understanding of his plans as presented. We did not receive
any signature back..
As I understand, from the info sent to me by the city, "....there is no specific prohibition against roof decks....".
Roof decks, if permitted, will jeopardize the privacy and tranquility of neighbors living in the adjacent homes. They could
also cause noise pollution, fire hazards and unsightly "roof art" or umbrellas. Think about sitting in your back yard
reading the morning paper and having someone looking down on you or swimming in your pool with others watching.
As I mentioned in my voice mail, based on my wife's surgery, I may not be able to get to the public hearing section, but
will do my best to attend in order to voice my concerns and those of friends and neighbors in all of Palm Desert.
Respectfully,
Joe Dikdan
Joe Dikdan
760-774-9289 c
760-346-2720 h