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Home My WebLink AboutURGENCY Ordinance 1231 - Roof Deck PermitsCITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Consideration of immediate imposition of a 45-day interim 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. SUBMITTED BY: Lauri Aylaian Director of Community Development DATE: 12 January 2012 CONTENTS: Ordinance No. 1231 Recommendation: That the City Council, by four -fifths vote, waive further reading and adopt Urgency Ordinance No. 1231 approving a 45-day interim moratorium on issuance of building permits, Conditional Use Permits, and other entitlements for construction of roof decks Executive Summary: The proposed moratorium was requested by the City Council at their 8 December 2011 meeting. Approval 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. Background: A homeowner recently submitted preliminary plans for a casita addition at his residence in south Palm Desert. In reviewing the plans, staff noticed there was an internal stairway leading to the roof that would be used as a viewing roof deck. 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. Roof Deck Moratorium 12 January 2012 Page 2 of 2 Although staff has a long history of denying requests such as this one, this is the first time that an applicant has challenged the denial. 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 believes that City policy makers intended to prohibit roof decks in single-family neighborhoods. The passage of this moratorium, which was requested by the City Council, will provide the time needed to study the issue farther, including verifying the intent of the City's policy makers and analyzing conditions, if any, under which such decks may not pose a threat to the privacy of neighboring residents. Appropriate regulatory constraints can then be incorporated into the update of the Zoning Ordinance now underway. Submitted by: Lauri Aylaian Director, Community Development roval: n M. Wohlmuth Manager CITY COUNCILAgION APPROVED DEIN",D RECEIVED QTHER NOE3a ° AB ADSTAINI VERIFIED BY: Original on File with Jerk's Office URGENCY ORDINANCE NO 1231 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A MORATORIUM ON THE PERMITTING OF ROOF DECKS PENDING A STUDY OF ZONING REGULATIONS THAT ARE NEEDED TO ALLEVIATE A CURRENT AND ACTUAL THREAT TO THE PUBLIC HEALTH, SAFETY AND WELFARE AND DECLARING THE URGENCY THEREOF WHEREAS, the City of Palm Desert (the "City") has received an inquiries about roof decks on residential structures; and WHEREAS, the City of Palm Desert Municipal Code does not specifically address or regulate the installation of roof decks for residential or business use; and WHEREAS, to address the potential concerns regarding the issuance of permits for the installation of roof decks for residential or business use, it is necessary to fully analyze the implications of such structures and resolve zoning conflicts; and WHEREAS, Government Code Sections 36934, 36937 and 65858 expressly authorize the City Council to adopt by urgency ordinance a moratorium for the immediate preservation of the public peace, health or safety concerning a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal that the City is studying or intends to study within a reasonable time. NOW, THEREFORE, the City Council of the City of Palm Desert DOES ORDAIN AS FOLLOWS: SECTION 'I . The City of Palm Desert finds that this Ordinance is required to prevent a current and immediate threat to the public health, safety and welfare because the installation of roof decks without appropriate regulation would conflict with the requirements of the City's General Plan, be inconsistent with surrounding land uses and might well cause unwanted aesthetic and other negative impacts upon persons or properties. SECTION 2. As used in this Ordinance, the term "roof decks" shall mean a roof, balcony, or terrace used for recreational purposes such as sunbathing or viewing. SECTION 3. ADOPTION OF MORATORIUM. The City Council hereby enacts this Interim Urgency Ordinance establishing a moratorium on the approval and issuance of any permit, business license, conditional use permit or other entitlement providing for the installation of a roof deck within the City. The City Council hereby enacts this Interim Urgency Ordinance by not less URGENCY ORDINANCE NO. 1231 than a four -fifths vote, and in light of the findings set forth in Section 1, under the authority granted to it by Article XI, Section 7 of the California Constitution and Sections 65858(a) and 36937(b) of the California Government Code, which allows the City to adopt an Interim Urgency Ordinance in order to protect the public safety, health, and welfare, prohibiting any uses that may be in conflict with a zoning, business license or other proposal that the City Council, Planning Commission or the Planning Department is considering or studying or intends to study within a reasonable time. SECTION 4. STUDY. The City Council hereby directs the Planning Department to consider and study possible means of regulating or prohibiting roof decks within the City, including zoning -based and business license -based regulations and other regulations. SECTION 5. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 6. WRITTEN REPORT. At least ten (10) days before this Urgency Ordinance or any extension expires, the City Council shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of this Interim Urgency Ordinance. SECTION 7. SEVERABILITY. If any provision, clause, sentence or paragraph of this Ordinance, or the application thereof to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance which can be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are hereby declared to be severable. SECTION 8. EFFECTIVE PERIOD. This Urgency Ordinance shall take full force and effect on January 12, 2012, upon its introduction and adoption by the City Council and shall remain in full force and effect until February 26, 2012, unless extended by the City Council as provided in Government Code Section 65858. The City Clerk is directed to publish this Ordinance in the manner and time required by law. 2 URGENCY ORDINANCE NO.1231 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, as an Urgency Ordinance this day of January, 2012, and was thereafter on said day signed by the Mayor of the City of Palm Desert. ROBERT A. SPIEGEL, MAYOR ATTEST: RACHELLE KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF PALM DESERT ) CERTIFICATION FOR URGENCY ORDINANCE NO. I, Rachelle Klassen, City Clerk of the City Council of the City of Palm Desert, California, DO HEREBY CERTIFY that Urgency Ordinance No. , having been regularly introduced at the meeting of , the reading in full thereof unanimously waived, and duly passed and adopted as an urgency ordinance by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED AS TO FORM: JOHN WOHLMUTH, City Manager DAVID J. ERWIN, City Attorney M Klassen, Rachelle From: Bagato, Tony Sent: Thursday, January 12, 2012 9:59 AM To: Joedikdan@aol.com Cc: Aylaian, Lauri; Klassen, Rachelle Subject: Re: Roof Deck Consideration on Agenda Joe, You are correct that this is being put on the agenda because of Mr. Jeffors request. Unfortunately, I am not well today, but will pass this along to the the Director of Community Development and the City Clerk. FYI... Mr. Jeffors submitted his construction plans yesterday before the moratorium is passed. He will be able to build his addition with the roof deck. Thank you for keeping me informed on your position with this matter. Tony Bagato Sent from iPhone On Jan 12, 2012, at 9:23 AM, "Joedikdan aol.com" <Joedikdangaol.com> wrote: Tony, hope you had a great Christmas and New Year I just saw in today's paper one item on the agenda for the city council meeting today was considering ...."a moratorium on permitting roof decks after one resident submitted plans for a casita that included one". One, can I assume correctly this is due to the homeowner (Jeffords) on Buckboard? Yes, No ? Secondly, I cannot be at the council meeting today to hear the discussion. If it helps in anyway, we at Silver Spur Ranchers really do not want roof decks and our CC&Rs are vague on the subject other than the limit of 18 feet and single story. Regards, Joe Dikdan 760-774-9289 N IV - 1, -^ C-) N3 rn (P,:)K Tu M e O 0 rn