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Home My WebLink AboutOrd 1267A - ZOA 13-357 - Accsry Bldgs - Structrues s...,,;..ar'�......t �fi':v:: a ,.,... . ... 1e'.:�.. .Y .�r......_..T:�.�`� 1� l ti j� '...,,. . ..�,'. �(L !. ( �. ,. ..��.I.,�..�.,..:�..r.:.. � 7 � � ORDINANCE NO. 1267A ( ._ . .. , _. ._.,..r. , F � ,�..i . ..�.� . .. . ,'.,4�. �� V_� ✓,�� f n tl ',•.n? W--��.,�v'#:a^a�s:rx.r•.�aar.+::E..,P.1e�'a�iwf:�'1^wt's4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM � ��rv� `"�� ±�`�"`�`' �-Y'"`` DESERT, CALIFORNIA, APPROVING A ZONING C?RDINANCE AMENDMENT TO MODIFY SECTION 25.40.050 ACCESSORY STRUCTURES TO REFINE PLACEMENT STANDARDS AND SECTION 25.99 DEFINITIONS TO COMBINE AND MAKE DEFINITIONS COSISTENT FOR ACCESSORY BUILDINGS AND STRUCTURES CASE NO: ZOA 13-357 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21 St day of January, 2014, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above noted, and recommend that the City Council approve the zoning ordinance amendment subject to the creation of a sunset clause; 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. 2013-16, the Director of Community Development has determined that the proposed action qualifies as a Class 3 and Class 5 categorically exemption under CEQA, and is not subject to further environmental review. 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 approval of the zoning ordinance amendment: 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 City Council in this case. 2. That the City Council does hereby approve Zoning Ordinance Amendment 13- 357 as proposed. t'�1'Y GOUNCTLv�iL�'!'i4P� � APPROVED fl� REC OTHER , � ,� MEE G DA � AYES. ` , � , NOES: ABSEN'1� ABSTAIN: VERIFIED BY: ° Original on Flfe with City erk'�Offce ORDINANCE NO. 1267A PASSED, APPROVED, AND AD4PTED by the Cit�r Council of the City of Palm Desert, California, at its regular meeting held on the 10t day of April 2014, by the following vote, to wit. AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA G:1Planning\Eric Ceja\Case Fi�es�ZOA�ZOA 13-354 Accessory BuildingslZOA 13-357-CC Resolution.docx 2 ORDINANCE NO. 1267A EXHIBIT A Section 1. 25.40.050 Accessory Buildings and Structures Detached accessory buildings and structures, except as otherwise controlled by this chapter or located within the building envelope established by the zoning district, shall be subject to the following regulations: A. Placement Requirements. The placement or construction of an accessory building or structure on a parcel shall not exceed the maximum lot coverage allowed by the zone. Accessory buildings or structures are permitted on residential properties subject to the following placement requirements: 1. In the rear yard setback, subject to the standards listed below. 2. In the side yard setback, if the following conditions can be met: i. The side yard is enclosed by a solid wall or fence, ii. The maximum structure height does not exceed 7 feet, iii. The structure is setback a minimum of 3 feet from the side yard property line, iv. The placement of the structure shall not block any required emergency ingress or egress (minimum of 3') to or from the residence. B. Enclosed Buildings. Enclosed buildings including, but not limited to, storage sheds, greenhouses, and detached garages are permitted subject to the following: 1. Enclosed buildings less than, or equal to, 8 feet in height are permitted on all residential lots, with a minimum set back from a property line a distance equal to its height. 2. Enclosed buildings greater than 8 feet in height, but less than 14 feet in height, are permitted on lot sizes greater than 12,000 square feet in area. Enclosed buildings shall not occupy more than 25 percent of the required yard setback, and shall be set back from any property line a distance equal to its height. G:1Planning\Eric CejalCase Fies�ZOA�ZOA 13-354 Accessory BuildingslZOA 13-357-CC Resolution.docx 3 ORDINANCE NO. 1267A 3. Enclosed buildings greater than 14 feet in height are permitted on lot sizes greater than 40,000 square feet in area. Buildings and structures with a maximum height of 18 feet, one-story, and with a set back from property line at a distance equal to its height, may be permitted subject to approval of a conditional use permit as described in Section 25.72.050. C. Open Structures. (�pen, non-habitable, structures, including, but not limited to, playground equipment, gazebos, arbors and trellises, are permitted with a maximum height of 10 feet above grade and if set back from property lines a distance equal to the structure's height. Playground equipment and other structures with elevated platForms are limited to a maximum platform height of 5 feet. Structures with elevated platforms shall require additional landscape screening to restrict views into neighboring residences. Landscape improvements shall include placement of shrubs and trees along the rear and side property lines. D. Temporary Structures. Temporary structures including, but not limited to, fabric tents, are permitted for placement outside of the standards listed above. No single property shall place any temporary structure for a length of time greater than four consecutive days and no more than five times per calendar year. E. Prohibited Structures. Roof decks and roof deck structures are prohibited. F. Non-conforming Accessory Buildings and Structures. Existing accessory buildings and structures located on private property at the time of the ordinance codified in this chapter, which do not comply with the requirements of this chapter as amended, shall be deemed non- conforming uses, and shall be made to comply, be removed, or demolished within one-year of this ordinance being adopted. Section 2. 25.99 Definitions 25.99.020 Land Use Definitions Accessory Building or Structure. Accessory building or structure means a subordinate building or structure located on a building site, the use of which is customarily related to that of a main building or to the use of the land. Building. Building means a structure having a roof supported by columns or walts. G:\Planning\Eric Ceja\Case FileslZOA�ZOA 13-354 Accessory Buildings�ZOA 13-357-CC Resolution.docx 4 ORDINANCE NO. 1267A Structure. Structure means anything piaced, constructed or erected, which may be readily movable or collapsible, and may require a fixed location on the ground or attached to something having a fixed location on the ground, except business signs and other improvements of a minor character. G:1P�anninglEric CejalCase Files1Z0A1Z0A 13-354 Accessory Buildings�ZOA 13-357-CC Resolution.docx 5