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Home My WebLink AboutOrd 1267 - ZOA 13-357 Accsry Bldgs and Structures .' . .,��?7df.Af.d+�tkYt�79.'��'.",.,t'aFi �� '. .� ' x • •,,•��.A• �$ �� `� `�� `�� F. y;;=, .,t � /� �G/�..,.�.....,,.� CITY OF PALM D ��,s; �,,:��, . �._ �..�: ..� .,.,�,� ._.., � t , .,� . r: , � �^ �^� a��' . ,.v ,a�..m_�.._..u.a.._. d �...r �',�.,�ti ..,� ... ..,. . DEPARTMENT OF COMMUNIT � DEVELOPMENT.,.,�„�. �..,r�,�.,:;�,.�.,��,�.u��Y��=�.--�--' STAFF REPORT REQUEST: CONSIDERATION OF A ZONING ORDINANCE AMENDMENT TO MODIFY SECTION 25.40.050 ACCESSORY STRUCTURES TO REFINE PLACEMENT AND DEVELOPMENT STANDARDS, AND SECTION 25.99 DEFINITIONS TO COMBINE AND MAKE DEFINITIONS COSISTENT FOR ACCESSORY BUILDINGS AND STRUCTURES � SUBMITTED BY: Eric Ceja, Associate Planner � ��;�.��. ��"��,�� .,,.� .,� ,»r APPLICANT: City of Palm Desert � �a��?�E"��'��r'Rg`d��,,..,..,,......�......Y...�,.._. � CASE NO: ZOA 13-357 � � . �:�. DATE: February 27, 2014 CONTENTS: Ordinance Number��, Exhibit A - Section 25.40.050 — Accessory Building and Structures October 24, 2013, City Council Report Exhibit B - Section 25.99- Definitions Exhibit C - Section 25.40.050 Current Ordinance Planning Commission Resolution No. 2616 Planning Commission Meeting Minutes, dated January 21, 2014 Planning Commission Staff Report, dated January 21, 2014 Desert Sun Legal Notice Recommendation Waive further reading and pass Ordinance No.126� to second reading, approving Zoning Ordinance Amendment 13-357 amending Palm Desert Municipal Code Section 25.40.050 — Accessory Buildings and Structures and Section 25.99 - Definitions. Executive Summary If the City Council approves the Zoning Ordinance Amendment to amend Section 25.40.050 "Accessory Structures" of the Palm Desert Municipal Code (P.D.M.C.), standards would be established for the use and placement of temporary structures, open structures, and enclosed buildings on residential property. Placement standards would be expanded to include allowances for structure placement in side yards subject to screening and emergency access criteria. A subsection would also be created to establish criteria to allow Staff Report Ordinance No. 1267 ZOA 13-357 Page2of4 February 27, 2014 for placement of temporary structures. Section 25.99.020 "Definitions" of the P.D.M.C. would also be amended to ensure the definitions for accessory buildings and accessory structures are consistently applied. Planninq Commission Action On January 14, 2014, the proposed amendment was presented to the City's Planning Commission. Staff presented the request and answered several questions from Commissioners. After the discussion, the Planning Commission unanimously recommended approval of the proposed changes to the accessory structure ordinance, subject to staff creating a sunset clause to allow homeowners sufficient time to comply with the new ordinance. In consultation with the City Attorney, staff has added a non-conforming subsection to the proposed zoning ordinance amendment. The subsection establishes a one-year period for homeowners to comply with the new ordinance. Backqround Historically staff has applied the current ordinance to address both accessory buildings and accessory structures, believing that the intent of the ordinance applied to both. However, enforcement of the ordinance has recently been challenged based on its wording which omits the word "building" from the title and instead uses the terms "accessory structure" and "accessory building" interchangeably throughout. In addition, the placement of temporary structures, including fabric tents, on residential property has recently been brought to question during enforcement activities related to the same ordinance. In response to the vagueness of the ordinance wording, the omission of temporary structures, and City Council's direction from the October 24, 2013, meeting, staff researched accessory building ordinances from surrounding jurisdictions and compiled information related to setbacks and size limitations. Staff also researched the different types of accessory buildings or structures ("accessory items") that are typically placed on residential lots, with the most common accessory items being detached garages, storage sheds, greenhouses, children's' play equipment, gazebos, pergolas, and trellises. Staff compiled a list of dimensions for various accessory items, providing a range of sizes from very small to very large. The list was helpful in establishing the typical dimensional requirements of each accessory item, allowing staff to examine and accommodate typical accessory item sizes while limiting outright allowances for larger, taller, and more intrusive accessory items. Staff's approach for the ZOA attempts to balance the desire of residents to place such accessory items on their property while limiting potential adverse impacts to adjacent neighbors and the City at large. Placement Requirements The current ordinance allows for the placement of accessory items on residential property only in the rear yard setback. The proposed amendment would expand the placement \\srv-f12k31groups\Planning\Enc Ceja\Case Files�ZOA\ZOA 13-354 Accessory Buildings�ZOA 13-357-CC Staff ReIJ O rt .Cl0 C X Staff Report Ordinance No. 1267 ZOA 13-357 Page3of4 February 27, 2014 limitations to allow accessory items to be placed in the side yard setback if: they are enclosed by a solid fence or wall; the structure height does not exceed seven feet; the structure is set back from the side yard wall by three feet; and the structure's placement does not block emergency access into the residence. These changes are consistent with the direction provided by the City Council for placement in the side yards while also limiting potential impacts such structures' visibility, impacts to neighbors, and safety. Enclosed Buildinqs The current ordinance allows for enclosed buildings up to 18 feet in height and equal in size to 25 percent of the rear yard setback. Minor changes are proposed to eliminate the maximum accessory item size; currently set at 120 square feet, after staff's research showed that many accessory items available for purchase exceed 120 square feet in size. Open Structures Staff is proposing the creation of an "open structure" subsection to provide separate placement standards from those provided for in the enclosed building subsection. The subsection would apply to accessory structures that are not supported by solid walls, such as gazebos, trellises, and playground equipment. The proposed subsection changes the maximum structure height from 10 feet to 12 feet, creates a setback from property line equal to the structure's height, and eliminates the previous requirement for review and approval by the City's Architectural Review Commission (ARC). Temporary Structures The creation of a "temporary structure" subsection is intended to address the use of fabric tents and other temporary accessory items that property owners may wish to use on a limited basis. The proposed code amendment would allow placement of temporary structures for a length of time not to exceed four consecutive days and not more than five times per calendar year. Definitions P.D.M.C. Section 25.40.050 is currently titled "Accessory Structures;" however, a definition of an accessory structure is not provided for in the current Municipal Code. As part of this ZOA, staff is recommending that the "Accessory Building" definition include "or structures" as part of its title and that the definition of "Structure" be expanded to include items "placed on property which may be readily movable or collapsible, and may require a fixed location." Environmental Review According to the California Environmental Quality Act (CEQA), staff must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project \lsrv-fi12k3\groups\Planning\Enc Ceja\Case Files\ZOA�ZOA 13-354 Accessory Buildings�ZOA 13-357-CC Staff R2�J O Y�t . C�O C X Staff Report Ordinance No. 1267 ZOA 13-357 Page4of4 February 27, 2014 is exempt from CEQA review. If a project is not exempt, further environmental review is necessary. Staff has determined that the proposed Zoning Ordinance Amendment is exempt from CEQA review because the proposed amendment establishes the regulation of accessory buildings and structures, resulting in a minor alteration in land use limitations that do not affect density, and which has no foreseeable adverse impact on the environment. The construction or conversion of such structures, and the resulting alteration in land use limitations are listed as Class 3 (15303) and Class 5 (15305) Categorical Exemptions under CEQA. Therefore, adoption of the proposed ordinance amendment is not subject to any further environmental. Fiscal Impact There is no fiscal impact to the City associated with adoption of the proposed Zoning Ordinance Amendment. Submitted By: � Eric Ceja, s ciate Planner Department Head: ...-------� .,- �--- �-- Lauri Aylaian, Director of Communit ment A r val: � oh M. Wohlmu h, City anager � \\srv-fil2k3\groups\Planning\Eric Ceja\Case Files�ZOA\ZOA 13-354 Accessory Buildings�ZOA 13357-CC Staff R2�J O r t . C�O C X ORDINANCE NO. 1267 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE 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 21St day of January, 2014, hold a duly noticed public hearing to considerthe 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. ORDINANCE NO. 1267 PASSED, APPROVED, AND ADOPTED by the City Councii of the City of Palm Desert, California, at its regular meeting held on the 27t" day of February 2014, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK G:\Planning\Eric Ceja\Case Files�Z0A�Z0A 13-354 Accessory Buildings\ZOA 13-357-CC Resolution.docx 2 � ORDINANCE NO. 1267 . 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 tine 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 Ceja\Case Files�ZOA�ZOA 13-354 Accessory Buildings�ZOA 13-357-CC Resolution.docx 3 ORDINANCE NO. 1267 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. Open, non-habitable, structures, including, but not limited to, playground equipment, gazebos, arbors and trellises, are permitted with a maximum height of 12 feet, and set back from property lines a distance equal to its height. 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 walls. Structure. Structure means anything placed, 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:\Planning\Eric Ceja\Case Files�ZOA�ZOA 13354 Accessory Buildings�ZOA 13357-CC Resolution.docx 4 ORDINANCE NO. 1267 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO MODIFY SECTION 25.40.050 ACCESSORY STRUCTURES TO REFINE PLACEMENT STANDARDS AND SECTION ,25.99 DEFINITIONS TO COMBINE AND MAKE DEFINITIONS COSISTENT �OR ACCESSORY BUILDINGS AND STRUCTURES CASE NO: ZOA 13-357 WHER�AS, the Planning Commission of the City of Palm Desert, California, did on the 21 St day of J��uary, 2014, hold a duly noticed public hearing to consider the request by the City of Palm besert for approval of the above noted, and recommend that the City Council approve th�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 f��rector of Community Development has determined that the proposed action qualifies as a G�lass 3 and Class 5 categorically exemption under CEQA, and is not subject to further enviror�mental 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 reasor�s 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 �oning Ordinance Amendment 13- 357 as proposed. ,x . ., ORDINANCE NO. 1267 PASS�.Q, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, Californl�, at its regular meeting held on the 27th day of February 2014, by the following vote, to'vuit: �. AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK . ,�\ G:\Planning\Enc Ceja\Case Files�ZOA�ZOA 13354 Accessory Buildings\ZOA 13357-CC Resolution.docx 2 ORDINANCE NO. 1267 . EXHIBIT A Section 1. 25.4t�.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 perrnitted 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, l��ut less than 14 feet in height, are permitted on lot sizes greatek than 12,000 square feet in area. Enclosed buildings shall not ccupy more than 25 percent of the required yard setback, and shall be set back from any property line a distance equal to its h ight. G:\Planning\Eric Ceja\Case Files\ZOA\ZOA 13354 Accessory BuildingslZOA 13357-CC Resolution.docx 3 ORDINANCE NO. 1267 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. Open, non-habitable, structures, including, but not limited to, playground equipment, gazebos, arbors and trellises, are permitted with a maximum height of 12 feet, and set back from property lines a distance equal to its height. 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 len�th of time greater than four consecutive days and no more than five tim�s per calendar year. E. Prohibited Structures. Roof decks and roof deck structures are prohibited. 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 walls. Structure. Structure means anything placed, �onstructed or erected, which may be readily movable or collapsible, and may require a fixed location on the ground or attached to something havii�g a fixed location on the ground, except business signs and other improvements of a minor character. ,� G:\Planning\Eric Ceja\Case Files�ZOA�ZOA 13-354 Accessory Buildings�ZOA 13357-CC Resolution.docx 4 �� Q� ��;L� C}��►�� LEPAF��'�flE�dT QF �t�M(�fUl�lTY t��1ELC)Fl�tEi�l�C STA�'� RERC3RT REQUEST: RECEIVE AND �ILE REPQRT CC}�lCERNIN(a Mt��lFICATIC}!� C7F Ti�E PALM QESERT [v�UNiCIF'A,L C{�DE REt�UlR��t1E{�T� F�R ACCESSC�RI'STRUCTl1R�5, PG MC +CNA�TER 2�.40.Q50 SU�MITTED BY: Lauri Aylai�n, Directc�r s�f Cammunity Develc�prnent DATE. C��ctober 24, 2013 Recc�r�mendation By Minute Mc�tion: Receive and File repsart. This �riatter will return tcr the G�t�r C�aunci! at a future c�ate �n the fc�rm of pro��sed modific�fions to 1`itie 25, �c�ning, of the Palm Desert �9unicip�l C�de. Back�rc�und At#he c�ctober 10, 2013, meeting c�€�t�e Palm #�esert�ity Gc�uncil, one r�sid�nt spc�ke tt�the C�ty Ccruncil abc�u�his conc�rns regardin� reg�latic�ns goveming tents and'storag� sheds in resiel�r�#ial nei�hbc�nc�rods. ,A second' resi�ent wrc�te� ietter#rr #he City Council c�n th�e sarr�� issue, �nd during her cc�mm�nts at the �nd of the meeting, t�layr�r Jan �larnik asked sta�f mert�bers#o ferrmally�ddress th�issue, F:ec�nt cc�de compiiance�ctivity has hir�hlighted regul�tion� in the rnunicipa� cod�e by wh�ch car�vas tents and pcxp-up� shade co�r+�rs such �s thc�se d�picted �elt�w can be perman�ntly set up in frpnt c�r s�de yards, even wh�n c(early visible from the pub{ic right of way. �,; .� E� �;�>,_ �rsjy,. � ��a F` �� N�- � �; . .. ,_.-rt, w.. . , . . . . ... � � F{ 8 � � 5 3 i s E g y � �tc�"�Rt��3tIC'� "-� � ' : � � �'rc�posed Mc►difications#c�Titte 25 Z�ning of the Palm Q�sert Municipal C��le �"' � � Page 2 esf� � October 24, 2013 � � � �* �.. � � � � � � � � � � � ;.. � ;� �: �� - � �; ' � �.�.. _ �,� _ .� �� ;,; l � µ� ,t �� .,,... � , • � -.�."^�. � (� q � e.�+� � � � �M' �'-q. �wa C»i � w�� "" �S. �Ht'�; '-,. � �w �'�' .� � ffi � � � � � � � � � . � � �` � � � � ;� �` �"'° �t� � . .. . ... .. .. .. � �. �` ,�,"� � i� � �e �'�. 14 �s st�ff's bel�ef tt�at th�s wa�J neve'r the rnt�nt r�# p�al�cy m�k�rs, t'�nd that C '� h 1 w�� "� � � created by incamplete defrnitic�n c�f the fc�rms "accessory buildint�" and "structure" i� the �aErn C}�sert Municipal Cc�de. :As such, a revision tc� Title 25 �s being prepar�d for considera#[an. This revisian wc�uld c�anstitu#e a Z�nin� €�rdinanc� Amen�rrt�en#; thereft�re, will be pres+��ed to the F'lanning G�►mrr�issir�n fc�r their�con�ider��ic�n and recorrYm�nd�t�c�n befiore it cames b�fc�re the City Goun�il �€�r�ctir�n. The mc�dification b�:ing pr�p�red by st�f� wi0( �I#crw for such �tructures tc� be er��ecf far three days so that residents can u�e them fc�r weddings, birthday parties, c�r simtlar �pecial ��:r�ts at their }�omes, but will prc�hibit th�m frc�rn r�maini�g in place ft7r lon��eris�ds if they are visib(�fram tt�e public ri�ht-c�f-way. Clos�iy �ied �c« tl�is issus ar� stc�rage sheds, which th� munici�aa{ ccade terms "accessory buildir��s." Thes�: structur€�s are currently prcahibi�ed in sid� yards, even if th�y �re comp(etely screen�c�frc�m pubkic view by lands�aping or walls. S�aff�understc�cad the cc►ncern c�f th� r�sidents who spake �nd wrc�te tc� the City C�,uncil to be th�t these sheds shouid be a!lc�wed sn sic�e yards if they are scre�ned by land��ping ar i�th+�y do n�fi detract fr�m the aes�thetic quality �af the neigt�borhac�d, Staff wiEl wark tc� prepare a Zc►ning 4rdir►�n�e Arner�dmer�t that wo�ald ailc�w such st�uct�r�� in side ya�cis, provided tl��t they do nvt imp�de emecgen�cy access by th� Fire C}epartrra�nt ar�d do not adverseiy im�aact�he view of the praperty from the pubCic righfi-of-way car from a neighbor's yarcf. Tl�e prc�cess r�f r�search, erafting rardinance mQcfificatirrns, giuin� pub�ic r�otice, and halding hearings at the Planning Ccsmnnis�ion �rvill take s�verai mc�nths. Ther�for�, the City Council �hc�ulci expect tt� see the matker of tents and acces�c+ry buildings befe�re them far cansideratic�n �arly in 2Q14. In the meantime, �taff vu�il suspend enfc�rcemer�t of cc�de requirements fc�r accessc�ry structur�s {PDMC Ch�pt�r 25.40.050) uniess th� City Ca�rt�il directs r�tl�erwise. Submitted Sy: Approvai: ��"...� .,�--�"�,�,.�� f ��, Lau�Aylaian, C►ir�ctor of C�+mrnunity Development J hn M. Wohlmuth, City Manac�er EXHIBIT B 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 walls. Structure. Structure means anything placed, 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. EXHIBIT C 25.40.050 Accessory Structures Detached accessory buildings except as otherwise controlled by this chapter shall be subject to the following regulations: 1. Only permitted in the rear yard setback. 2. Open, non-habitable, gazebo-like structures with a maximum height of 10-feet shall be permitted with a minimum setback of 1 foot of setback for each foot of building height upon recommendation of approval of the ARC. 3. On lots having less than 12,000 square feet of lot area, detached accessory buildings used for storage purposes and having 120 square feet or less of floor area with a maximum height of 8 feet shall be permitted with a minimum setback of 8 feet from any property line. 4. On lots having more than 12,000 square feet of lot area, detached accessory buildings shall not exceed one story or 14 feet in height and may not occupy more than 25 percent of the required yard setback and shall be set back from any property line a distance equal to the height. 5. On lots having 40,000 square feet of lot area or more, a conditional use permit as described in Section 25.72.050, is required to approve a detached accessory structure with a maximum height of 18 feet, one-story, provided the structure is set back from property line a distance equal to its height. 6. No accessory building shall be approved if the total building coverage allowed by the zone is exceeded. 7. Roof deck structures are prohibited. PLANNING COMMISSION RESOLUTION NO. 2616 A RESOLUTION OF THE PLANNING COMMlSSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL TO APPROVE A ZONING ORDINANCE 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 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 project is not considered a project for CEQA purposes. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify the recommendation to the City Council of said request: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval of Zoning Ordinance Amendment 13-357 as proposed, subject to the establishment of a sunset clause to allow homeowners sufficient time to relocate or remove existing accessory structures. PLANNING COMMISSION RES4LUTION NO. 2616 PASSED, APPROVED, AND AD�PTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 21�t day of January 2014, by the following vote, to wit: AYES: CAMPBELL, DASH, DE LUNA, GREENWOOD, and STENDELL NOES: NONE ABSENT: NONE ABSTAIN: NONE i C�� RO DASH, CHAIRPERSON ATTEST: __�_ �`l �� LAURI AYLAIAN, SECRETARY � PALM DESERT PLANNING COMMISSION G:\PlanninglMonira OAeiIlylPlanning Commission�2014\fiesdutions\Fes.No.2616 ZOA 13-357 Accessory Strudures.docx 2 PLANNING COMMISSION RESOLUTION NO. 2616 EXHIBIT A Section 1. 25.40.050 Accessory Buildings and Structures Detached accessory buiidings 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 residentiat 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 properiy 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:\PlanninglMonica OReiIlylPlanning Commission�2014\ResolutionslRes.No.2616 ZOA 13-357 Accessory Sirudures.docx 3 PLANNING COMMISSIOM RESOLUTION NO. 2616 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. Open, non-habitable, structures, including, but not limited to, playground �quipment, gazebos, arbors and trelli�es, are permitted with a maximum height of 12 feet, and set back from property lines a distance equal to its height. 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. Section 2. 25.99 Definitlons 25.99.020 Land Use Definitions Accessory 8uilding 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. 8uilding. Building means a structure having a roof supported by columns or walls. Structure. Structure rneans anything placed, 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:�Planning\Monica OReiIlylPtanning Commission�2014\Resolutians\Res.No.2616 ZOA 13•357 Accessory Strudures.docx 4 PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JANUARY 21, 2014 Commissioner DeLuna commented that she would move for approval. She stated that the applicant has worked well with the City, and he has been sensitive in addressing the hillside requirements. Vice Chair Stendell seconded the motion. Commissioner Greenwood added that in final development and review from the ARC that they pay attention to detail of the construction documents, and the screening of condensing units. Ms. Aylaian confirmed that motion includes the revisians to the three conditions that were verbally noted during the presentation of the staff report. Commissioner DeLuna and Vice Chair Stendeli agreed to amend the motion to include the revisions. Commissioner DeLuna moved, by Minute Motion, recommending ..to the City Council for consideration of adoption of a Mitigatec[ Negative Declaration of Environmental Impact, and a 4,000-square-foot'singfe-f�mily home including a 473- square-foot detached garage on a hillside residential property located at 72-000 Chuckawalla Way (APN 652-090-001}. In addition, the Planning Commission requested that the ARC look at the details of: the final constructian drawings, and they also approved revising three of the Conditions of �4pproval. Motion was seconded by Vice Chair Stendell and carried,by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: Nan�}. Commissione��:C�eLuna mo�ed, by Minute Motion, to waive further reading and adopt Resolution Na. 2615, subje�t to the re�ised conditions. Motion was seconded by Vice Chair Stendell and carried by' a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood! and Stendell; NOES: None}: � Commissioner Greenwciod congratulated the applicant. Cammissioner DeLuna commented that it is a beautiful site, and thanked the applicant for choosing to live in Palm Desert. B. REQUEST FOR RECOMMENDATION to the City Council for consideration to approve a Zoning Ordinance Amendment to modify Section 25.40.050 Accessory Structures to refine placement and development standards, and Section 25.99 Definitions to combine and make definitions consistent for accessory buildings and structures. Case No. ZOA 13-357 (City of Palm Desert, Applicant). Mr. Eric Ceja, Associate Planner, reported that recently some residents were cited by Code Compliance for the placement of accessory structures in their side yard. In October 2013, City Council directed staff to review the zoning ordinance that addresses accessory and temporary structures, and the definitions for consistency. He provided a PowerPoint presentation to list the proposed code 6 G:\Planning\Monica OReilly\Planning Commission�2014\Minutes\t-21-14 min.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JANUARY 21, 2014 changes. Mr. Ceja noted that the Pele Place Development homeowners' association (HOA) submitted a letter prior to the meeting for the Planning Commission's review. He offered to answer any questions. Vice Chair Stendell referred to the letter from Pele's Place HOA, and asked how far is the play set from the property line on the side and rear yard. Mr. Ceja responded that he is unable to determine the distance from the photo provided in the letter. He said that it appears it does not comply with the current code. Commissioner DeLuna also referred to the HOA lett�� nd photos. She asked if the play set exceeds what staff recommends for the nevr�requirements. Mr. Ceja replied that he is not sure based an the photo. Commissioner DeLuna asked if there is�a way to tell how tall the pla�-_set is. . Mr. Ceja said that the HOA that supplied'�the letter and photos may know the height of the play set. �� Commissioner Sonia Campbel�,asked if the ordinance would also pertain to a tree house. �� Mr. Ceja replied that pofentially yes:� `- �_ Commissior�e� beLuna asked if it vuc�t�ld also pertain to residents that want to store their recreational vehi�les. "� Mr. Ceja responded that the proposed eode changes do not consider enclosures for recreartional vehicles. Chair Dash declared th� public hearing open and asked for any public testimony IN FAVOR ar OPPOSITION. MR. BOB ELLIOTT, 74-116 Pele Place, Palm Desert, California 92211, stated that the pl`ay set is'approximately 15 feet in height, and he has a concern with privacy. The° play set is also obstructing their view of the mountains. He noted that he spoke to"the owner, and asked them if they will be adding trees and the owner said no. He asked that the Planning Commission consider the height limitations so that they could have their views back. He offered to answer any questions. Chair Dash asked Mr. Elliott if he is requesting an ordinance to solve his problem. 7 G:\Planning\Monica OReilly\Planning Commission�2014\Minutes\1-21-14 min.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JANUARY 21, 2014 MR. ELLIOTT replied that he believes so. He said his wall is approximately six feet tall, and he would not mind if a children's play set is a foot or two higher than the wall. However, if a play set is too high; he will lose his privacy. Mr. Tony Bagato, Principal Planner, responded that the proposed zoning ordinance amendment would solve Mr. Elliott's concern. He said if a play set is 10 or 12 feet tall, it would have to be moved to a one-to-one ratio which would move it to 10 to 12 feet away from the property line. Commissioner DeLuna stated that regardless of a one-to-c�ne setback, she asked if there is a height limit if someone has a big yard. Mr. Bagato replied that the maximum height limit is 12 feet with the proposed zoning ordinance amendment. Generally, if a the owner meets the required building setback on a large lot, they can have'a home or any structure up to 15 feet high by right, or 18 feet high if appraved by the ARC. MS. LORETTA SHUR, 74-186 Pele P(ace, Palm Desert, California 92211 , stated that she's not affected by the structure. She said is supporting her friends whom she visits every day. She stated that her friend5 have been stressed, upset, and disturbed since the play set was erected. Ms. Shur communicated that the play set could be seen from ever}� windc�w, there's no privacy, and it would be a deterrent if they would want tc� sell their home. Sh� truly trusts that something could be done to help them in this matter. MR. WILLIAI�I �WATOS',`�74-109 Pele� Place, Palm Desert, California 92211, stated that he'is also supporting the Elliots. He voiced that his concern is privacy if structures are..allowed to be close to the walls. MR. GlRVID BEMI�� 74=102 Pele�Pta�e, Palm Desert, California 92211, stated that he is Mr. Elliott's neighbor, and is also impacted by the structure. His main concern is privacy. He asked if there is currently an ordinance to control the height of accessor� structures. �p Mr. Bagato responded that there is a current code; however, the play set does not meet to code's definition of an accessory structure. He explained that the City could regulate anything that is built into the ground. He noted that a play set does not technically meet that criterion. MR. BEMIS asked if the code being discussed will limit the height and setback of the play set. Mr. Bagato replied yes. MR. BEMIS asked what happens if the code is passed since the play set is already there. 8 G:\Planning\Monica OReilly\Planning Commission�2014\Minutes\1-21-14 min.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JANUARY 21, 2014 Ms. Jill Tremblay, City Attorney, responded that the play set could be grandfathered in, or provide the property owner a certain amount of time to comply with the new code. Mr. Bagato said that they would have to provide a sunset clause to give the homeowner time to comply. The City Council would need to be aware that anyone with non-conforming issues will be notified to move the structure, and it will be up to the City Council to make that decision. Mr. Bagato recommended that the Planning Commissic�n have discussion on having a sunset clause or grandfathering in structures that are already in place. Vice Chair Stendell asked when the photos frc�m th� Pele Development were taken. MR. ELLIOTT answered that they were taken about a month ago. MR. BEMIS inquired if the code is passed,,what is the timeframe. Mr. Bagato communicated that the Planning Commission will make a recommendation. It will go to the City Council as:a Public Hearing item. There will be a first reading then a second reading. If approved the code will go into effect 30 days after the adoption date. He noted that the whole process could take up to two months. . MR. ELLIOT asked if it cauld take up to six months for the homeowner to move the structur��,=.'�� Mr. Bagato �� int�rjectec�;:-tha��: the Pl�nning Commission could make a recomr�endation ort a timefrarri��. In�th��past, they have given homeowners up to a year. Depending or� the Planning Commission's purview it could be three rnonths or si� months or a,year. Chair Dash asked staff if a sunset clause needs to be part of the motion. Ms. Aylaian responded that it is adequate for the Planning Commission to have a motion tcr pass the resolution as proposed, and request that staff add a sunset clause before it gt�es to the City Council. With no further testimony offered, Chair Dash declared the public hearing closed. Commissioner Greenwood commented that a young family can pick up a play set at Costco. His concern is that parents will not know the rules and requirements set forth by the City, and sees it becoming an issue. Commissioner Campbell asked if it the City should notify stores about the new ordinance so that they can let the customers know. 9 G:\Planning\Monica OReilly\Planning Commission�2014\Minutes\1-21-14 min.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JANUARY 21, 2014 Commissioner DeLuna inquired if a play set is purchased, does it have to be 15 feet tall. Commissioner Greenwood responded that he's sure the possibility is there. Vice Chair Stendell commented that he likes the revisions for the definitions. He also said that you could mail order play sets. How do they get the news out? Mr. Bagato responded that staff will work on a press release, add an article into the BrightSide, and work on putting something out with t�e assistance from the City's Public Information Officer. Vice Chair Stendell moved, by Minute Motion, recomm�r�ding to the City Council for consideration a Zoning Ordinance Amendmenfi:i to modify .,,Section 25.40.050 Accessory Structures to refine placement and .d�uelopment standa�ds, and Section 25.99 Definitions to combine and make definit�t�� consistent for a�c�assory buildings and structures; and include a reasonable� s�f�set clause. Motion wa��.��conded by Commissioner DeLuna and carried by a 5-Q �rote (AYES:;:-Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None). Vice Chair Stendell moved, by lVlinute Motion, tti:waive further reading and adopt Resolution No. 2616, recommending��o� t��Gity Councif°='�pproval of Zoning Ordinance Amendment 13-357 as proposed and iriclude a sunset clause. Motion was seconded by Commissioner DeLuna and carried by � 5-0 vote ��YES: ',Campbell, Dash, DeLuna, Greenwood, and Stendell,��NC�ES: None), �` Commissioner DeLuna excused herself from the meeting at 7:05 p.m. X. MISCELLANEQUS A. REQUEST FOR CONISIDERATION of the appointment of a Planning Commissioner to the General Plan Ad Hoc Consultant Selection Committee. Cammissioner Carripbell mpved, by Minute Motion, to nominate Commissioner DeLuna ta `the General Plan Ad Hoc Consultant Selection Committee. Motion was seconded by Vice Chair Stendell and carried by a 4-0 vote (AYES: Campbell, Dash, Greenwood, and''Stendell;,NOES: None; ABSENT: DeLuna). XI. COMMITTEE`MEETING UPDATES A. ART IN PUBLIC PLACES Vice Chair Stendell reported that the Art in Public Places Commission discussed a presentation from the Palm Springs Art Museum to add new sculptures and expand the museum's sculpture gardens, which will go to the City Council. He also reported that Renova is sponsoring an artist to paint selected traffic signal boxes within the City. He mentioned that the bronze statue in front of the YMCA will be removed because it is broken. Lastly, he provided the Planning 10 G:\Planning\Monica OReilly\Planning Commission�2014\Minutes\1-21-14 min.docx CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: CONSIDERATION OF A RECOMMENDATION TO THE CITY COUNCIL TO APROVE A ZONING ORDINANCE AMENDMENT TO MODIFY SECTION 25.40.050 ACCESSORY STRUCTURES TO REFINE PLACEMENT AND DEVELOPMENT STANDARDS, AND SECTION 25.99 DEFINITIONS TO COMBINE AND MAKE DEFINITIONS COSISTENT FOR ACCESSORY BUILDINGS AND STRUCTURES SUBMITTED BY: Eric Ceja, Associate Planner APPLICANT: City of Palm Desert CASE NO: ZOA 13-357 DATE: January 21, 2014 CONTENTS: Planning Commission Resolution No. 2616 October 24, 2013, City Council Report Exhibit A- Section 25.40.050—Accessory Building and Structures Exhibit B - Section 25.99- Definitions Exhibit C - Section 25.40.050 Current Ordinance Desert Sun Legal Notice Recommendation By Minute Motion, waive further reading and adopt Planning Commission Resolution No. 2616, recommending that the City Council approve Zoning Ordinance Amendment 13-357 amending Palm Desert Municipal Code Section 25.40.050 — Accessory Buildings and Structures and Section 25.99 - Definitions. Executive Summary In September, 2013, staff received a complaint about the placement of a temporary tent structure located in the side yard setback of a residential property. The property owner was cited by the City's Code Compliance Division stating that the placement of accessory structures is prohibited in the side yard. The owner provided photos to staff of other properties within his neighborhood with storage sheds placed in the side yard setbacks. In addition, the owner's attorney submitted a letter to staff identifying that the current accessory structure ordinance did not address temporary structures. The other property Staff Report ZOA 13-357 Page 2 of 5 January 21, 2014 owners with accessory structures located in the side yard were cited as violating the current ordinance which limits placement of such structures to the rear yard only. At the October 10, 2013, City Council meeting residents from the Canyon Crest neighborhood addressed the Council after receiving code citations for the placement of accessory buildings in their side yard setbacks. After hearing from the residents, the City Council directed staff to review the City's ordinance concerning accessory structures. On October 24, 2013, staff presented an informational report regarding accessory structures for City Council consideration, and expanded upon the issues of temporary use and placement standards for accessory buildings and structures. The report stated that staff would be amending the current ordinance to address these issues and that a Zoning Ordinance Amendment (ZOA) would be brought forward in the early part of 2014 for the Council's consideration. The proposed ZOA will amend Section 25.40.050 of the Palm Desert Municipal Code (P.D.M.C.) to establish provisions for the use of temporary structures, open structures, enclosed buildings, and criteria regulating their placement on residential property. Placement standards have been expanded to include allowances for accessory structure placement in side yards subject to screening, and emergency access criteria. Temporary structures are not addressed in the current ordinance; however, staff is recommending that . they be permitted for a specified time and not to exceed five times per year. The ordinance amendment also better distinguishes between accessory buildings and accessory structures, allowing both to be placed on residential property subject height limitations, setbacks from property lines, and building size limitations based on lot size. Section 25.99.020 of the P.D.M.C. will also be amended to ensure the definitions for accessory buildings and accessory structures are consistently applied. Backqround The current Accessory Structure Ordinance was adopted by the City Council in 2000, after complaints were received about "Bonus Rooms" being built on residential properties throughout the City. Prior to 2000, accessory structures were permitted in the rear yard setback, within five feet of properties lines, and up to a maximum height of 18 feet. The City Council expressed concerns about the placement of accessory structures with respect to view impacts to neighboring properties, lot coverage, and accessory structure size. Subsequently, the Council adopted the Ordinance which replaced the five foot setback with a setback equal to the structure's height, reduced the maximum structure height from 18 feet to 14 feet for most properties, and eliminated the allowance for habitable structures to be placed in the rear and side yard setbacks. Recently, staff has had to address the placement of temporary structures placed on residential properties, including the semi-permanent placement of fabric shade tents. Staff has applied the current ordinance to address both accessory buildings and accessory structures, believing that the intent of the ordinance applied to both. However, staff has been challenged on the wording of the Ordinance which omits the word "building" from the G:\Planning\Enc CejalCase Files\ZOAIZOA 13354 Accessory Buildings\ZOA 13357-PC Staff Report.docx Staff Report ZOA 13-357 Page 3 of 5 January 21, 2014 title but instead using the terms "accessory structure" and "accessory building" interchangeably throughout the ordinance. Due to the vagueness of the ordinance wording, the omission of temporary structures, and City Council's direction from the October 24, 2013, meeting, staff researched accessory building ordinances from surrounding jurisdictions and compiled information related to setbacks and size limitations. Staff also researched the different types of accessory buildings or structures (accessory items) that are typically placed on residential lots, with the most common accessory items being detached garages, storage sheds, greenhouses, playground equipment, gazebos, pergolas, and trellises. Staff compiled a list of dimensions for various accessory items; providing a range of sizes from very small to very large. The list was helpful in establishing the dimensional requirements typical of each accessory item; allowing staff to examine and accommodate typical accessory item sizes while limiting outright allowances for larger, taller, and more intrusive accessory items. Staff's approach for the ZOA attempts to balance the desire of residents to place such accessory items on their property while limiting potential adverse impacts to adjacent neighbors and the City at large. Placement Requirements The current Accessory Building and Structure Ordinance ("Ordinance") allows for the placement of accessory items on residential property only in the rear yard setback. The proposed amendment would expand upon the placement limitations to allow accessory items to be placed in the side yard setback, subject to additional requirements. Staff is recommending that accessory items be permitted in the side yard if they are enclosed by a solid fence or wall, the structure height does not exceed seven feet, the structure is setback from the side yard wall by three feet, and the structures placement does not block emergency access into the residence. Staff is recommending these changes consistent with the direction provided by the City Council for placement in the side yards while also limiting potential impacts such structure visibility, impacts to neighbors, and safety. Enclosed Buildinqs Standards for enclosed buildings are currently provided for in the Ordinance. The current standards allow for accessory buildings up to 18 feet in height and equal in size to 25 percent of the rear yard setback. Staff has modified this section to read better and to clarify that smaller buildings are permitted on larger lots. This portion of the code has remained largely intact. Minor changes were made to eliminate the maximum accessory item size; currently set at 120 square feet, after staff's researched showed that many accessory items available for purchase exceed 120 square feet. Open Structures Subsection "C" - Open structures was created to provide separate standards between accessory buildings and accessory structures. Although partially addressed in the current Ordinance, staff created the subsection to list different types of structures and to set G:\Planning\Enc Ceja\Case Files�ZOA�ZOA 13-354 Accessory Buildings\ZOA 13-357-PC Staff Report.docx Staff Report ZOA 13-357 Page 4 of 5 January 21, 2014 separate placement standards from those provided for in the Enclosed Building subsection. As proposed, the subsection changes the maximum structure height from 10 feet to 12 feet, creates a setback from property line equal to the structure's height, and eliminates the previous requirement for review and approval by the City's Architectural Review Commission (ARC). Staff is recommending the changes in structure height in order to accommodate the typical structures available for purchase, including pergolas and playground equipment. In addition, because the massing of an open structure is less than that of an enclosed building staff felt than a nominal increase in height was acceptable. Staff is also recommending the removal for review by the ARC as staff has rarely, if ever, taken accessory structure items to the ARC for their approval. Temporary Structures The creation of subsection "D" is intended to address the temporary use of fabric tents and other temporary accessory items that property owners may wish to use on a limited basis. The proposed code amendment would allow for the placement of temporary structures for a length of time not to exceed four consecutive days and not more than five times per calendar year. The creation of this subsection helps to address the potential permanent placement of a temporary accessory item as it establishes specific lengths of time for their use. Prohibited Structures The current Ordinance prohibits the use of roof decks on residential property. Staff has created a subsection, subsection "E" to firmly establish and list prohibited structures on residential property. The addition of the subsection is consistent with the formatting staff is proposing with the ZOA. Definitions P.D.M.C. Section 25.40.050 is currently titled "Accessory Structures;" however, a definition of an accessory structure is not provided for in the current Municipal Code. Furthermore, P.D.M.C. Section 25.99 provides land use definitions for "Accessory Buildings," "Buildings," and "Structures;" however, there is no definition provided for "Accessory Structures." Therefore, as part of this ZOA, staff is recommending that the "Accessory Building" definition include "or structures" as part of its title and that the definition of "Structure" be expanded to include items "placed on property which may be readily movable or collapsible, and may require a fixed location." The expansion of the structure definition and inclusion of structures with accessory buildings is consistent with the majority of jurisdictions researched by staff, including the City of Palm Springs and the City of La Quinta. Staff believes that the changes to the definition portion of the code are not only consistent with the proposed code amendment, but also that the definitions remove ambiguity and clarify the distinction between buildings and structures. G:\Planning\Eric Ceja\Case Files\ZOA�ZOA 13354 Accessory Buildings�ZOA 13-357-PC Staff Report.docx Staff Report ZOA 13-357 Page 5 of 5 January 21, 2014 Environmental Review According to the California Environmental Quality Act (CEQA), staff must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project is exempt from CEQA review. If a project is not exempt, further environmental review is necessary. Further review from a non-exempt project would result in a Negative Declaration, a Mitigated Negative Declaration or an Environmental Impact Report (EIR). Generally, an EIR must be prepared if a project may have a significant impact on the environment. In this case, staff has determiried that the proposed Zoning Ordinance Amendment is exempt from CEQA review because the proposed amendment establishes the regulation of accessory buildings and structures. The construction or conversion of such structures is listed as a Class 3 (15303) Categorical Exemption under CEQA. Submitted By: Eric Ceja, Associate Planner Department Head: Lauri Aylaian, Director of Community Development G:\PlanninglEnc Ceja\Case Files\ZOA�ZOA 13-354 Accessory Buildings�ZOA 13357-PC Staff Report.docx � GITY OF PALM DESERT LEGAL NQTICE '''`CASE Nd�ZFiA 1�-967 The Desert Sun � NOTIC�OF INTENT TO ADOP7 A ZONING OR- t 3 r ,��} - DINANGE AMENDMENT UPLIRTING?HE PALM 750 N Gene Autry Trail R�t+�:. , DESERT- MUNICIpAL GODE SECTION Palm Springs,CA 92262 C i T Y C L�S�,. ` ; ;(�'� PROV D�CIARIFSCA�T ON ANDUTO ADD SUB- 760-778-4578!Fax 760-778-4731 �t+(.•?�� ;� (�� SECTIONS REGARDING TEMpORARY AND OPEN S7RUCTURES. 2��e , ��• �� PI�WECT DESCRIPTION:i'he Ciry of Palm Des- Y �� ' g �� ertCommunityDevelopmentDeparEmenUPlanning is pr�posing a Zoning O�i�a�AmBndment to mod' the Paim O�sert. unic I Code Section 25.40.050'Accessoly Shuc;tulres°to provide addi- State Of California ss: t�or,ei�ia�rca�on,a�daddsubseCtionstoatldress temporary structures and open-typa structuras. County of Riverside PROJECT LOCA170N:'Citytwide CODE AMENDMENT: PBfm DesBR Munici�al Goda Section 25,4D.05D Acc�ssory S1ru�tures is AdV@1tISeI': being amended w prAvitle c18riNcation regerding placement staddards#or accessory buildngs snd structures on residential properties.The proposad CITY OF PALM DESERT codeamendmemwouidreadasiollaws: 25.4�A50 Acodaeo $uiidings end Structures 73510 FRED WARING DR Detaohed accessor`y�iuiid�ngs and atructures;ex- ce t as othenvis controlletCb this chapiar or lo- PALM DESERT CA 922602 ca�ed within tne�buliding enve�trpe setabllehed by the zoning d[strict,sh�iil"be subj9et So ihe follnwing�, regulatiPns; . A. Piac�ment Requirements. The ptscernent or construction 4f art ac4esSary bUilding or structure on a parc6l sfiali not:e�iC�ed-tha�nsxTmum WCoov- 2000405520 erege allowqd�r��„h�. �.cces�o�buiitlings or structt+re�dr� k�on residentiat properttas' sub)ect fo the follow ng placemer+t re uirements: ' t.In the rear yard setb�ck,sUbject�o the stand- ards tlSted'below. 2.ln the side yartl setback,if the following condi- tior�s cerl be met: i:The side'y6td is enClosed by a soiid wali or fenoe. I am over the age of 18 years old, a citizen of the United ii,the maximum structure heigtit does not exceed States and not a a to, or have interest in this matter. I �feet. p �y iii.The struGture is setback a minimum of 3 feet hereby certify that the attached advertisement appeared from�he sitle yard propertyline. iv.7he placement of tha atructure sheli not block in said newspaper (set in type not smaller than non pariei) any re�qutred emerge�ey�nqress or agress(mini- in each and entire issue of said newspaper and not in any mum o 3')to or from ihe res�dence. supplement thereof on the following dates,to wit: e.Enciosed 9uildings,Enciosetl buildings includ- ing,but not,limited�"o;storaqe sheds,greenhous- es,antl detached garages are permitted subJect to Newspapec .The Desert Sun the foliowing: 1.Enclasecf buildings less then,orequal to 8fieet in height ar2 permixCed on aii re5ldential lo{s;wfth a minimum set back from a pr�perry line a dis- tance equal to its height. 2/15I2 014 2•EnClbs�d b"uiidi�s,gr2�ter than 8 feet in height, but less than 14 feei in heighY are permitted'on lot 'sizes reater th'ao 12,000 square feet in area:fn- ctos�buiklings shalh not ocCupy more than 25 petce�tit of the required yard setback,and shall be �from any property line a distance equai to it& t. �� 3. �todosed buildings greater than 14 feet in �are,permitted on lot sizes greater ttian square feet in area.9uildings and struc- tuFes with a'maximum height of 18 feet,one-story, afld�kh a set back from property line at a dis- I acknowledge that I am a principal clerk of the printer of tan��qual to Its hei ht,may be permitted subject The Desert Sun, printed and published weekly in the City ta ovahof a con�itional use permit as descri- pYMl��ection 2572.050. of Palm Springs, County of Riverside, State of California. The Desert Sun was ad'udicated a news a er of eneral C; K�n Structures.Open, non•habitable,struc- J p p g tur9$;,9including, but not limited to, playground circu�ation on March 24, 1988 by the Superior Court of the ent,gazebos,arbors and tremses,are per- �nnth a maximum height of 12 fset,and set County of Riverside, State of California Case No. ��om properry iines a distance equal to ns 191236. ��' D.TempOrary Structures.Temporary structures in- cluding,but not limited to,fabnc ier�ts,are permit- I declare under enal of er'u that the fore oin is true ted for lacement outside of tfie standams listed p tY p ) ry 9 9 above.�Io sinqfe propeAy shatl place any tempo- rery sWcture for a length of time greater.man four and correct. Executed on this 15th day of February, 2014 consecutive days and;no more tl,an five times per ' calendar year. in Palm Springs, . �ornia. E. Prahibited SfructuPes. Roof decks and roof j deck structures are prohibited: F.Non-coqforming Accessory Buildings and Struc tures.Existing accessbry buildings and structures located on pnvate property at the time of the ordi- �,r'� nance codified in tttis Chapter,which do not com- ply wtth the requirements of tfiis chapter as ; amended,shall be deemed non-conforming uses, and shall be made to comply,be removed,or de- molished within one-year of this ordinance being c ignature adopted. SAID pubflc hearing will be hefd on Thursday February 27, 2014 at 4:00`p.m. in tha Counci� � Chamber at the Paim Desed Civic Center,73 510 � Fred Waring Drive, Palm Desert, Cal'rfomia, at which time and place ali interested persons are in- 1' vited to attend and be heal'd.Written comments ' ' concerning all ftems covered by ttlis pu6lic hearing notice shall be aCcepted up to the date of the hearing. 'tnformatiort oonceming'the pioposed projecFand/ornegative deolaration is available for rewew in the Department of Community Develop- ment at the above addiess betwaen the hours of 8:00 a.m.and 5:00 p.m.Monday,througfi Friday.If you chailenge the proposed acUons in court,you may be i'imi[ed to raising only those issues you or someone eise raised at the public hearing descri- bed in this notice,or inwritten correspondence de- liveretl to tfie Planning Commission at,or prior to, the pubiic hearing. onrue�i e�n vi�nceeni !`ITV f9 COV