HomeMy WebLinkAboutInfo Rprt - Mdfctn of the PDMC Ch 25.40.050CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: RECEIVE AND FILE REPORT CONCERNING MODIFICATION OF
THE PALM DESERT MUNICIPAL CODE REQUIREMENTS FOR
ACCESSORY STRUCTURES, PDMC CHAPTER 25.40.050
SUBMITTED BY: Lauri Aylaian, Director of Community Development
DATE: October 24, 2013
Recommendation
By Minute Motion: Receive and File report. This matter will return to the City
Council at a future date in the form of proposed modifications to Title 25,
Zoning, of the Palm Desert Municipal Code.
Background
At the October 10, 2013, meeting of the Palm Desert City Council, one resident spoke to the
City Council about his concerns regarding regulations governing tents and storage sheds in
residential neighborhoods. A second resident wrote a letter to the City Council on the same
issue, and during her comments at the end of the meeting, Mayor Jan Harnik asked staff
members to formally address the issue.
Recent code compliance activity has highlighted regulations in the municipal code by which
canvas tents and pop-up shade covers such as those depicted below can be permanently
set up in front or side yards, even when clearly visible from the public right of way.
Staff Report
Proposed Modifications to Title 25 Zoning of the Palm Desert Municipal Code
Page 2 of 2
October 24, 2013
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It is staffs belief that this was never the intent of policy makers, and that tI1T 1t6f5hol w4as
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created by incomplete definition of the terms "accessory building" and "structure" in the
Palm Desert Municipal Code. As such, a revision to Title 25 is being prepared for
consideration. This revision would constitute a Zoning Ordinance Amendment; therefore,
will be presented to the Planning Commission for their consideration and recommendation
before it comes before the City Council for action. The modification being prepared by staff
will allow for such structures to be erected for three days so that residents can use them for
weddings, birthday parties, or similar special events at their homes, but will prohibit them
from remaining in place for longer periods if they are visible from the public right-of-way.
Closely tied to this issue are storage sheds, which the municipal code terms "accessory
buildings." These structures are currently prohibited in side yards, even if they are
completely screened from public view by landscaping or walls. Staff understood the concern
of the residents who spoke and wrote to the City Council to be that these sheds should be
allowed in side yards if they are screened by landscaping or if they do not detract from the
aesthetic quality of the neighborhood. Staff will work to prepare a Zoning Ordinance
Amendment that would allow such structures in side yards, provided that they do not
impede emergency access by the Fire Department and do not adversely impact the view of
the property from the public right-of-way or from a neighbor's yard.
The process of research, crafting ordinance modifications, giving public notice, and holding
hearings at the Planning Commission will take several months. Therefore, the City Council
should expect to see the matter of tents and accessory buildings before them for
consideration early in 2014. In the meantime, staff will suspend enforcement of code
requirements for accessory structures (PDMC Chapter 25.40.050) unless the City Council
directs otherwise.
Submitted By:
Lauri Aylaian, Director of Community Development
Approval:
Jhn M. Wohlmuth, City Manager
VERIFIED BY•
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