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HomeMy WebLinkAboutPC Resolution _6224- Case 5.1235 ZTARESOLUTION NO.6224 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND SECTIONS 91.00.10, 93.23.xx AND 94.06.01.A OF THE PALM SPRINGS ZONING CODE RELATING TO CANOPIES AND CARPORTS WHEREAS, Sections 94.07.01.A.1 of the Palm Springs Zoning Ordinance allows the Planning Commission to initiate zone text amendments; and WHEREAS, on January 13, 2010, the Planning Commission directed staff to initiate a Zoning Ordinance Text Amendment (Case No. 5.1235) to consider options for addressing non -permitted canopies and carports located in required yard areas; and WHEREAS, the Commission subsequently met on February 3, April 7, June 2, July 7, October 6 and November 3, 2010 as well as on March 30 and April 6, 2011 at which meetings, the Commission considered several options for addressing non -permitted canopies and carports, including enforcement of existing ordinances, an amnesty program, and amendments to allow such structures under specific conditions; and WHEREAS, on July 27, 2011, the Planning Commission conducted duly noticed public hearings on a proposed amendment, at which hearings the Commission carefully reviewed and considered all of the evidence presented in connection with the project, including but not limited to the staff report and all written and oral testimony presented, and WHEREAS, the Planning Commission hereby determines that the proposed Zoning Ordinance text amendment is Categorically Exempt under Section 15305 — Minor Alterations in Land Use Limitations — of the Guidelines for the Implementation of the California Environmental Quality Act and that the proposed amendment does not result in any changes in land use or density. THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS; Section 1: The Planning Commission hereby finds that adoption of the proposed Zoning Text Amendment would: a. Provide a means by which property owners may seek approval of existing non -permitted canopies and carports; and b. Assure that future canopies and carports are designed and constructed to be compatible with surrounding development. Section 2: The adoption of the proposed Zone Text Amendment would be consistent with the intent of the Zoning Ordinance and the City's General Plan because it provides: Planning Commission Resolution No. 6224 Case 5.1235 — ZfA July 27, 2011 Page 2 of 2 a. An effective means by which the low -density character of single family neighborhoods may be preserved while allowing for additional covered parking in fronts and street side setbacks. Section 3: Based upon the foregoing, the Planning Commission does hereby recommend to the City Council amendment of the Palm Springs Zoning Code to revise Sections 91.00.10, 93.23.xx and 94.06.01.A as contained on the draft Ordinance attached hereto as Exhibit A. ADOPTED this 271h day of July 2011. AYES: 5, Donenfeld, Chair Caffery, Hudson, Munger and Roberts NOES: 1, Conrad ABSENT: 1, Klatchko ABSTAIN: None ATTEST: f - - CITY OF PALM SPRINGS, CALIFORNIA U ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 91.00.10, 93.230OXX AND 94.06.01.A OF THE PALM SPRINGS ZONING CODE RELATING TO CANOPIES AND CARPORTS. City Affomey's Summary This Ordinance adopts a definition and standards for canopies and carports within the Palm Springs Zoning Code Sections 93.23 and 94.06. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS; Section 1. Section 91.00.10 shall be amended to include the following definition: "Canopy" means a permanent roofed structure open on at least three sides used or intended to be used by the occupants of the premises for storage or permitted accessory uses. Section 2. Section 94.06.01.A shall be amended to add: 94.06.01.A.9 Canopies and Carports Front yard and street side yards may be reduced to zero (0) for a canopy or carport, subject to the provisions of Section 93.23.xx Section 3. Section 93.23.xx, "Conditions for Speck Uses" shall be amended to add: 93.23.xx.xx. Canopies and Carports Canopies and carports within a front or street front side yard may be allowed as an accessory structure to a single family dwelling, subject to the following provisions: 1. No more than one canopy per lot may be allowed to encroach into any required yard. 2. The perimeter of the canopy or carport, including all roof members, eaves and projections may not encompass a total area greater than 425 square feet. 3. The average height of the canopy or carports shall not exceed twelve (12) feet; the maximum height of any point or ridge shall not exceed fourteen (14) feet. 4. The canopy or carport must be open on at least three sides; the enclosed side, if any, must be located on the side which is most opposite or farthest from the street. 5. Columns supporting the canopy or carport roof structure may not exceed eighteen (18) inches of width in any direction. 6. Planning Commission approval under Section 94.06.01 (Minor Modification) and Section 94.04 (Architectural Review) shall be required. Section 4. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED this day of MAYOR ATTEST: .LAMES THOMPSON, CITY CLERK APPROVED AS TO FORM: DOUGLAS HOLLAND, CITY ATTORNEY 2011. N EO