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HomeMy WebLinkAboutZOA 00-01 APPEAL PROCESS 2000 ORDINANCE NO. 941 �I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTERS 25.56, 25.64, 25.66, 25.70, 25.72, 25.84 AND 25.86 AS THEY RELATE TO THE APPEAL PROCESS. CASE NO. ZOA 00-01 WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of April, 2000, hold a duly noticed public hearing to consider an amendment to the Palm Desert Municipal Code, Chapters 25.56, 25.64, 25.66, 25.70, 25.72, 25.84 and 25.86, as they relate to the appeal process; and ; WHEREAS, the Planning Commission by its Resolution No. 1978 has recommended approval; 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. 00-24," in that the Director of Community Development has determined that the project is a Class 5 Categorical Exemption; and 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 its action as described below: 1 . That the Zoning Ordinance amendment is consistent with the objectives of the Zoning Ordinance; 2. That the Zoning Ordinance amendment is consistent with the adopted General Plan and affected specific plans; and 3. That the Zoning Ordinance amendment would better serve the public health, safety and general welfare than the current regulations. 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 Council in this case. 2. That ZOA 00-01 as delineated in the attached Exhibit "A" is hereby ordained. f ORDINANCE NO. 941 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 77th day of April , 2000, by the following vote, to wit: AYES: BENSON, FERGUSON, KELLY, SPIEGEL, CRITES NOES: NONE ABSENT: NONE ABSTAIN: NONE BUFORD A. CRITES, Mayor ATTEST: RACHELLE D. KL SEN, Acting City Clerk City of Palm Desert, California 2 ORDINANCE NO. 941 date upon which a ruling of the Planning Commission, Architectural Commission or the Director of Community Development has been made. 25.86.030 . Appeals. A. The applicant or any interested party may appeal to the Planning Commission any zoning decision of the Director of Community Development. B. The applicant or any interested party may appeal to the Architectural Commission any design decision of the Director of Community Development. C. The applicant or any interested party may file an appeal to the City Council on any decision of the Architectural Commission. D. The applicant or any interested party may file an appeal to the City Council on any decision of the Planning Commission. E. The appeal from a decision of the Planning Commission, Architectural Commission or of the Director of Community Development shall be made within 15 days of the date of the decision by filing an application of appeal with the City Clerk. The appeal shall set forth the alleged inconsistency or nonconformity with procedures or criteria set forth in the chapter or standards set forth in or pursuant to this code. The filing of an appeal shall suspend any permit issued pursuant to the ruling of the Planning Commission, Architectural Commission or Director of Community Development until the appeal has been decided. F. All appeals shall be conducted in accordance with the provisions of Chapter 25.86. 25.86.040 Review by City Council. The City Council retains ultimate jurisdiction and authority to determine whether any approval, denial or other decision rendered by the Planning Commission, Director of Community Development or Architectural Commission is consistent with the goals and policies established by the City and the requirements of this title. Any member of the City Council may call up for review any approval, denial or other decision made pursuant to this title by delivery to the Director of Community Development a request for review within 15 days of the date of the decision, which will identify the decision to be reviewed and may, but is not required to, specify the concerns of the City Councilperson with respect to the decision. 25.86.050 Request for review is not an appeal. The City Council request for review shall not constitute an appeal. A request for review is an indication only that a Councilperson considers the decision important enough to warrant review by the City Council to ensure the decision is consistent with the goals and policies established by the City and the requirements of this title. The Councilperson request for review need not take a position in favor or against the decision, and a request for review shall not be construed to be an indication of approval or disapproval of the decision. The filing of a request for review shall suspend any permit issued pursuant to the ruling of the Planning Commission, Architectural Commission or Director of Community Development until the request for review has been decided. 4 i ORDINANCE NO. 941 EXHIBIT "A" Section 1 That Chapter 25.86 Public Hearings and Appeals of the Code of the City of Palm Desert, Califomia, is hereby amended to read as follows: Chapter 25.86 PUBLIC HEARINGS AND APPEALS Sections: 25.86.010 Hearing time and notice. 25.86.020 Effective date of decision. 25.86.030 Appeals. 25.86.040 Review by City Council. 25.86.050 Request for review is not an appeal. 25.86.060 Consolidation of appeals of related decisions. 25.86.070 Hearing of request for review. 25.86.080 Action on appeal or review. 25.86.010 Hearing time and notice. A. The Director of Community Development shall set the time and place of hearings required by this title to be held by the Planning Commission and Architectural Commission. The Planning Commission or Architectural Commission may, however, change the time or place of a hearing, if necessary. The Planning Commission, however, shall hold a hearing within the time limits specked in Chapter 4.5 of the State Planning and Zoning Law(Government Code Section 659920 et seq) for a change of zone, conditional use permit, precise plan, variance or other development review application that has been filed. B.. The City Clerk shall set the time and place of public hearings required by this title to be held by the City Council; provided that the Council may change the time or place of a hearing. C. Notice of a public hearing shall be given not less than ten (10) days nor more than thirty (30) days prior to the date of the hearing by publication in a newspaper of general circulation in the city, and mailing notices to all persons whose names appear on the latest adopted tax roll of Riverside County as owning property within 300 feet of the exterior boundaries of the property that is the subject of the hearing. Hearings commenced within the time prescribed in this section may be continued from time to time even though the continued hearing may extend beyond the time limits described in this chapter. 25.86.020 Effective date of decision. A decision or order of the Planning Commission,Architectural Commission or the Director of Community Development shall not become effective until the expiration of 15 days after the 3 ORDINANCE NO. 941 i 25.86.060 Consolidation of appeals or related decisions. When any application for a development project pursuant to this title requires more than one decision by different commissions or City officials, each of which decision is subject to appeal and/or review by the City Council, Planning Commission or Architectural Commission, the time for appeal or request for review of each of the decisions shall be tolled (suspended) until 15 days after the final decision necessary for the development project, in order that all appeals and reviews ca n be consolidated and considered at the same time by the City Council. 25.86.070 Hearing of request for review. A request for review shall be processed and heard•by the City Council in the same manner and time'frame as an appeal under this chapter. If a decision that is called up for review is also appealed, the appeal and review shall be consolidated and heard concurrently. 25.86.080 Action on appeal or review. The City Council, Planning Commission or Architectural Commission shall hear an appeal and/or request for review within 40 days of the appeal or request for review, unless tolled pursuant to Section 25.86.060. The hearing shall be a public hearing if the decision appealed or to be reviewed was the subject of a public hearing. The hearing shall be set by notice as prescribed in Section 25.86.010. The City. Council, Planning Commission or Architectural of reverse or modify a decision which has been appealed. A decision Commission may affirm PP Comm y fy j the City Council shall be final. Section 2 That Sections 25.56.070, 25.64.060, 25.66.100, 25.70.110, 25.70.120, 25.72.090, 25.72.100, 25.74.050, 25.78.080 and 25.84.070 of the Code of the City of Palm Desert, California, are hereby repealed. I " 5 CITY OF PALM DESERT ordinance No. 941 _ S DEPARTMENT OF COMMUNITY DEVELOPMENT (� n STAFF REPORT Vti qp/ 1. TO: Honorable Mayor and City Council II. REQUEST: Consideration of approval of an amendment to the Zoning Ordinance, Chapters 25.56, 25.64, 25.66, 25.70, 25.72, 25.84 and 25.86 as they relate to the appeals process. III. APPLICANT: City of Palm Desert IV. CASE NO: ZOA 00-01 =q - A4F,' ING DATEV. DATE: April 13, 2000 ] CONTINUED VI. CONTENTS: M—PAS5ED TO 2 A. Staff Recommendation B. Discussion C. Draft Ordinance No. 941 D. Planning Commission Minutes involving Case No. ZOA 00-01 E. Planning Commission Resolution No. 1978 F. Planning Commission Staff Report dated March 7, 2000 G. Related maps and/or exhibits ---------------------------------------------------------------------------------------------------------------------------------- A. STAFF RECOMMENDATION: Waive further reading and pass Ordinance No. 941 to second reading. B. DISCUSSION: 1. BACKGROUND The City Council requested that the City Attorney review and clarify the appeal process for persons dealing with the various city commissions. The goal was to create a unified appeal process for items which go through both Architectural Review Commission and Planning Commission. March 7, 2000 the Planning Commission held a public hearing. There was no public input. Planning Commission by its Resolution No. 1978 recommended approval of the amendment on a 4-0 vote (Commissioner Lopez was absent). CITY COUNCIL STAFF REPORT Ordinance No. 941 CASE NO. ZOA 00-01 APRIL 13, 2000 2. ANALYSIS The amendment will repeal the various sections of the code which cover appeals now and consolidate them all into one chapter of the code. The new chapter 25.86 Public Hearings and Appeals consolidates all the requirements and provisions relating to public hearings and appeals into one chapter rather than having them scattered throughout the zoning ordinance. There is still a separate process provided for appeals to decisions of the Abatement Review Board (section 25.76.080 J). The new section 25.86.010 prescribes the staff person responsible for scheduling public hearings before the Architectural Commission, Planning Commission and City Council. The required noticing provisions are also delineated (no change from current provisions). Section 25.86.040 Review by City Council is a new section which vests ultimate jurisdiction over all decisions of Planning Commission, Architectural Commission or Director of Community Development. This section also provides that any member of City Council may call up for review any decision within 15 days without specifying the concern of the council member. Section 25.86.050 provides that a "request for review" is not an appeal, but rather an indication that a council member considers the decision to be important enough to warrant review by the city council (see section 25.86.050 for further details). Section 25.86.060 consolidates the appeal time for projects which require decisions by more than one commission. The decision of one commission would not become effective and would remain subject to appeal until 15 days after the final decision necessary for the development project. Section 25.86.070 provides that a "request for review" shall be processed the same as an appeal and projects which are both appealed and called up for review are to be consolidated and heard concurrently. Section 25.86.080 retains the current time line for hearing appeals (40 days) but adds the tolling provision. Zoning Ordinance Review Committee reviewed an earlier version of this proposed amendment and endorsed the amendment. 2 Ordinance No. 941 CITY COUNCIL STAFF k—. ORT CASE NO. ZOA 00-01 APRIL 13, 2000 3. CEQA REVIEW The proposed amendment is a Class 5 categorical exemption for purposes of CEQA and no further documentation is necessary. Prepared by: Reviewed and Approved by: Review and Concur: S EVE SMITH P LIP DRELL ON A. IAZ PLANNING MANAGER DIR. OF COMMUNITY DEVELOPMENT CITY MANAGER /tm 3 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT I. TO: Honorable Mayor and City Council II. REQUEST: Consideration of approval of an amendment to the Zoning Ordinance, Chapters 25.56, 25.64, 25.66, 25.70, 25.72, 25.84 and 25.86 as they relate to the appeals process. III. APPLICANT: City of Palm Desert IV. CASE NO: ZOA 00-01 V. DATE: April 13, 2000 VI. CONTENTS: A. Staff Recommendation B. Discussion C. Draft Ordinance No. D. Planning Commission Minutes involving Case No. ZOA 00-01 E. Planning Commission Resolution No. 1978 F. Planning Commission Staff Report dated March 7, 2000 G. Related maps and/or exhibits ---------------------------------------------------------------------------------------------------------------------------------- A. STAFF RECOMMENDATION: Waive further reading and pass Ordinance No. to second. reading. B. DISCUSSION: 1 . BACKGROUND The City Council requested that the City Attorney review and clarify the appeal process for persons dealing with the various city commissions. The goal was to create a unified appeal process for items which go through both Architectural Review Commission and Planning Commission. -March 7, 2000 the Planning Commission held a public hearing. There was no . public input. Planning Commission by its Resolution No. 1978 recommended approval of the amendment on a 4-0 vote (Commissioner Lopez was absent). CITY COUNCIL STAFF RORT CASE NO. ZOA 00-01 APRIL 13, 2000 ! 2. ANALYSIS The amendment will repeal the various sections of the code which cover appeals now and consolidate them all into one chapter of the code. The new chapter 25.86 Public Hearings and Appeals consolidates all the requirements and provisions relating to public hearings and appeals into one chapter rather than having them scattered throughout the zoning ordinance. There is still a separate process provided for appeals to decisions of the Abatement Review Board (section 25.76.080 J). The new section 25.86.010 prescribes the staff person responsible for ! scheduling public hearings before the Architectural Commission, Planning Commission and City Council. The required noticing provisions are also delineated (no change from current provisions). Section 25.86.040 Review by City Council is a new section which vests ultimate jurisdiction over all decisions of Planning Commission, Architectural Commission or Director of Community Development. This section also provides that any member of City Council may call up for review any decision within 15 days without specifying the concern of the council member. Section 25.86.050 provides that a "request for review" is not an appeal, but jrather an indication that a council member considers the decision to be important enough to warrant review by the city council (see section 25.86.050 for further details). ! Section 25.86.060 consolidates the appeal time for projects which require decisions by more than one commission. The decision of one commission would not become effective and would remain subject to appeal until 15 days after the final decision necessary for the development project. Section 25.86.070 provides that a "request for review" shall be processed the { same as an appeal and projects which are both appealed and called up for ! review are to be consolidated and heard concurrently. Section 25.86.080 retains the current time line for hearing appeals (40 days) but adds the tolling provision. Zoning Ordinance Review Committee reviewed an earlier version of this proposed amendment and endorsed the amendment. 2 CITY COUNCIL STAFF Rom. JRT CASE NO. ZOA 00-01 APRIL 13, 2000 3. CEQA REVIEW The proposed amendment is a Class 5 categorical exemption for purposes of CEQA and no further documentation is necessary. Prepared by: Reviewed and Approved by: Review and Concur: S EVE SMITH P LIP DRELL RAMON A. DIAZ PLANNING MANAGER DIR. OF COMMUNITY DEVELOPMENT CITY MANAGER /tm I I I I, 3 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTERS 25.56, 25.64, 25.66, 25.70, 25.72, 25.84 AND 25.86 AS THEY RELATE TO THE APPEAL PROCESS. CASE NO. ZOA 00-01 WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of April, 2000, hold a duly noticed public hearing to consider an amendment to the Palm Desert Municipal Code, Chapters 25.56, 25.64, 25.66, 25.70, 25.72, 25.84 and 25.86, as they relate to the appeal process; and , WHEREAS, the Planning Commission by its Resolution No. 1978 has recommended approval; 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. 00-24," in that the Director of Community Development has determined that the project is a Class 5 Categorical Exemption; and 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 its action as described below: 1 . That the Zoning Ordinance amendment is consistent with the objectives of the Zoning Ordinance; 2. That the Zoning Ordinance amendment is consistent with the adopted General Plan and affected specific plans; and 3. That the Zoning Ordinance amendment would better serve the public health, safety and general welfare than the current regulations. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, jCalifornia, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Council in this case. 2. That ZOA 00-01 as delineated in the attached Exhibit "A" is hereby ordained. ORDINANCE NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD A. CRITES, Mayor ATTEST: j RACHELLE D. KLASSEN, Acting City Clerk City of Palm Desert, California I, l it I 2 ORDINANCE NO. EXHIBIT "A" Section 1 That Chapter 25.86 Public Hearings and Appeals of the Code of the City of Palm Desert, California, is hereby amended to read as follows: Chapter 25.86 PUBLIC HEARINGS AND APPEALS Sections: 25.86.010 Hearing time and notice. 25.86.020 Effective date of decision. 25.86.030 Appeals. 25.86.040 Review by City Council. 25.86.050 Request for review is not an appeal. 25.86.060 Consolidation of appeals of related decisions. 25.86.070 Hearing of request for review. 25.86.080 Action on appeal or review. 25.86.010 Hearing time and notice. A. The Director of Community Development shall set the time and place of hearings required by this title to be held by the Planning Commission and Architectural Commission. The Planning Commission or Architectural Commission may, however, change the time or place of a hearing, if necessary. The Planning Commission, however, shall hold a hearing within the time limits specified in Chapter 4.5 of the State Planning and Zoning Law (Government Code Section 659920 et seq) for a change of zone, conditional use permit, precise plan, variance or other development review application that has been filed. B. The City Clerk shall set the time and place of public hearings required by this title to be held by the City Council; provided that the Council may change the time or place of a hearing. C. Notice of a public hearing shall be given not less than ten (10) days nor more than 'I thirty (30) days prior to the date of the hearing by publication in a newspaper of general circulation in the city, and mailing notices to all persons whose names appear on the latest adopted tax roll of Riverside County as owning property within 300 feet of the exterior boundaries of the property that is the subject of the hearing. Hearings commenced within the time prescribed in this section may be continued from time to time even though the continued hearing may extend beyond the time limits described in this chapter. 25.86.020 Effective date of decision. A decision or order of the Planning Commission, Architectural Commission or the Director of Community Development shall not become effective until the expiration of 15 days after the 3 I ORDINANCE NO. date upon which a ruling of the Planning Commission, Architectural Commission or the Director of Community Development has been made. 25.86.030 . Appeals. A. The applicant or any interested party may appeal to the Planning Commission any zoning decision of the Director of Community Development. B. The applicant or any interested party may appeal to the Architectural Commission any design decision of the Director of Community Development. C. The applicant or any interested party may file an appeal to the City Council on any decision of the Architectural Commission. D. The applicant or any interested party may file an appeal to the City Council on any decision of the Planning Commission. E. The appeal from a decision of the Planning Commission, Architectural Commission or of the Director of Community Development shall be made within 15 days of the date of the decision by filing an application of appeal with the City Clerk. The appeal shall set forth the ! alleged inconsistency or nonconformity with procedures or criteria set forth in the chapter or standards set forth in or pursuant to this code. The filing of an appeal shall suspend any permit issued pursuant to the ruling of the Planning Commission, Architectural Commission or Director of Community Development until the appeal has been decided. F. All appeals shall be conducted in accordance with the provisions of Chapter 25.86. 25.86.040 Review by City Council. The City Council retains ultimate jurisdiction and authority to determine whether any ! approval, denial or other.decision rendered by the Planning Commission, Director of Community Development or Architectural Commission is consistent with the goals and policies established by the City and the requirements of this title. Any member of the City Council may call up for review any approval, denial or other decision made pursuant to this title by delivery to the Director of Community Development a request for review within 15 days of the date of the decision, which will identify the decision to be reviewed and may, but is not required to, specify the concerns of the City Councilperson with respect to the decision. 25.86.050 Request for review is not an appeal. The City Council request for review shall not constitute an appeal. A request for review is an indication only that a Councilperson considers the decision important enough to warrant review by the City Council to ensure the decision is consistent with the goals and policies established by the City and the requirements of this title. The Councilperson request for review need not take a position in favor or against the decision, and a request for review shall not be construed to be an indication of approval or disapproval of the decision. The filing of a request for review shall suspend any permit issued pursuant to the ruling.of the Planning Commission, Architectural Commission or Director of Community Development until the request for review has been decided. 4 ORDINANCE NO. 25.86.060 Consolidation of appeals or related decisions. When any application for a development project pursuant to this title requires more than one decision by different commissions or City officials, each of which decision is subject to appeal and/or review by the City Council, Planning Commission or Architectural Commission, the time for appeal or request for review of each of the decisions shall be tolled (suspended) until 15 days after the final decision necessary for the development project, in order that all appeals and reviews can be consolidated and considered at the same time by the City Council. 25.86.070 Hearing of request for review. A request for review shall be processed and heard by the City Council in the same manner and time frame as an appeal under this chapter. If a decision that is called up for review is also appealed, the appeal and review shall be consolidated and heard concurrently. 25.86.080 Action on appeal or review. The City Council, Planning Commission or Architectural Commission shall hear an appeal and/or request for review within 40 days of the appeal or request for review, unless tolled pursuant to Section 25.86.060. The hearing shall be a public hearing if the decision appealed or to be reviewed was the subject of a public hearing. The hearing shall beset by notice as prescribed in Section 25.86.010. The City Council, Planning Commission or Architectural Commission may affirm, reverse or modify a decision which has been appealed. A decision of the City Council shall be final. Section 2 That Sections 25.56.070, 25.64.060, 25.66.100, 25.70.110, 25.70.120, 25.72.090, 25.72.100, 25.74.050, 25.78.080 and 25.84.070 of the Code of the City of Palm Desert, California, are hereby repealed. 5 MINUTES PALM DESERT PLANNING COMMISSION MARCH 7, 2000 Action: It was moved by Commissioner Finerty, seconded by Commissioner Campbell, approving the findings as presented by staff. Motion carried 4-0. It was moved by Commissioner Finerty, seconded by Commissioner Campbell, adopting Planning Commission Resolution No. 1977, approving PP/CUP 99-14, subject to conditions as amended. Motion carried 4-0. F. Case No. ZOA 00-1 - CITY OF PALM DESERT, Applicant Request for approval of an amendment to the Zoning Ordinance, Chapters 25.56, 25.64, 25.66, 25.70, 25.72, 25.84 and 25.86 as they relate to the appeals process. Mr. Smith explained that council asked staff to clarify some issues in the appeal process, specifically as it relates to applications that go through both the Architectural Review Commission and Planning Commission and how they would tie together the processing of appeals when they each occur. Between himself and City Attorney Hargreaves, they went through the Zoning Ordinance. Right now there were seven or eight different areas in the code where appeals could be filed to various decisions. The idea was to consolidate that into one code section, Section "86", which would continue to be titled Public Hearings and Appeals. It outlined the noticing requirements, the process to follow for filing an appeal and what they must state. He thought the newest provision would create a distinction between an appeal which would generally be filed by someone in the general public and a request for review that a city council member could make. That was specified in Section "050". He asked if anyone had specific questions and indicated this was a . Class 5 categorical exemption for CEQA purposes. Chairperson Beaty opened the public hearing and asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal. There was no one and the public hearing was closed. Chairperson Beaty asked for commission comments or action. Action: It was moved by Commissioner Campbell, seconded by Commissioner Finerty, approving the findings as presented by staff. Motion carried 4-0. 8 MINUTES PALM DESERT PLANNING COMMISSION MARCH 7, 2000 It was moved by Commissioner Campbell, seconded by Commissioner Finerty, adopting Planning Commission Resolution No. 1978, recommending to City Council approval of ZOA 00-1 . Motion carried 4-0. G. Case No. ZOA 00-2 - CITY OF PALM DESERT, Applicant Request for approval of an amendment to the Zoning Ordinance, Chapter 25.70, Architectural Commission Goals/Policies/ Procedures. Mr. Smith explained that the City Council adopted a similar document by urgency ordinance back in January. Essentially what they were doing was increasing the number of members on the Architectural Review Commission from five to seven. The former five membership also included one or more alternates and now they were just going with a flat seven members and were declaring a quorum at four. Chairperson Beaty opened the public hearing and asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal. There was no one and the public hearing was closed. Chairperson Beaty asked for commission comments or action. Action: It was moved by Commissioner Finerty, seconded by Commissioner Campbell, approving the findings as presented by staff. Motion carried 4-0. It was moved by Commissioner Finerty, seconded by Commissioner Campbell, adopting Planning Commission Resolution No. 1979, recommending to City Council approval of ZOA 00-2. Motion carried 4-0. IX. MISCELLANEOUS A. Case No. TT 27055 - MAINIERO, SMITH & ASSOCIATES, INC., for AMERICAN REALTY TRUST, Applicant Request for reconsideration of a request for a one-year time extension for Tentative Tract Map 27055. Mr. Smith noted that staff had a routine request for a one-year time extension for this tentative tract map. Commission at that time did not grant the request and subsequently the applicant filed an appeal which was before the City 9 PLANNING COMMISSION RESOLUTION NO. 1978 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO CHAPTERS 25.56, 25.64, 25.66, 25.70, 25.72, 25.84 AND 25.86 AS THEY RELATE TO THE APPEAL PROCESS. CASE NO. ZOA 00-01 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7th day of March, 2000, hold a duly noticed public hearing to consider an amendment to the Palm Desert Municipal Code, Chapters 25.56, 25.64, 25.66, 25.70, 25.72, 25.84 and 25.86, as they relate to the appeal process; 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. 97-18," in that the Director of Community Development has determined that the project is a Class 5 Categorical Exemption; and 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 its recommendation as described below: 1 . That the Zoning Ordinance amendment is consistent with the objectives of the Zoning Ordinance; 2. That the Zoning Ordinance amendment is consistent with the adopted General Plan and affected specific plans; and 3. That the Zoning Ordinance amendment would better serve the public health, safety and general welfare than the current regulations. 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 Commission in this case. 2. That the Planning Commission does hereby recommend to the City Council approval of a Zoning Ordinance text amendment as provided in the attached Exhibit "A" to amend Municipal Code Chapters 25.56, 25.64, 25.66, 25.70, 25.72, 25.84 and 25.86. PLANNING COMMISSION RESOLUTION NO. 1978 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 7th day of March, 2000, by the following vote, to wit: AYES: CAMPBELL, FINERTY, JONATHAN, BEATY NOES: NONE ABSENT: LOPEZ ABSTAIN: NONE PAUL R. BEATY, Chairper n ATTEST: n PHILIP DRELL, ecretary Palm Desert PI nning Commission 2 PLANNING COMMISSION RESOLUTION NO. 1978 EXHIBIT "A" Section 1 That Chapter 25.86 Public Hearings and Appeals of the Code of the City of Palm Desert, California, is hereby amended to read as follows: Chapter 25.86 PUBLIC HEARINGS AND APPEALS Sections: 25.86.010 Hearing time and notice. 25.86.020 Effective date of decision. 25.86.030 Appeals. 25.86.040 Review by City Council. 25.86.050 Request for review is not an appeal. 25.86.060 Consolidation of appeals of related decisions. 25.86.070 Hearing of request for review. 25.86.080 Action on appeal or review. 25.86.010 Hearing time and notice. A. The Director of Community Development shall set the time and place of hearings required by this title to be held by the Planning Commission and Architectural Commission. The Planning Commission or Architectural Commission may, however, change the time or place of a hearing, if necessary. The Planning Commission, however, shall hold a hearing within the time limits specified in Chapter 4.5 of the State Planning and Zoning Law (Government Code Section 659920 et seq) for a change of zone, conditional use permit, precise plan, variance or other development review application that has been filed. B. The City Clerk shall set the time and place of public hearings required by this title to be held by the City Council; provided that the Council may change the time or place of a hearing. C. Notice of a public hearing shall be given not less than ten (10) days nor more than thirty (30) days prior to the date of the hearing by publication in a newspaper of general circulation in the city, and mailing notices to all persons whose names appear on the latest adopted tax roll of Riverside County as owning property within 300 feet of the exterior boundaries of the property that is the subject of the hearing. Hearings commenced within the time prescribed in this section may be continued from time to time even though the continued hearing may extend beyond the time limits described in this chapter. 25.86.020 Effective date of decision. A decision or order of the Planning Commission, Architectural Commission or the Director of Community Development shall not become effective until the expiration of 15 days after the 3 PLANNING COMMISSION RESOLUTION NO. 1978 date upon which a ruling of the Planning Commission, Architectural Commission or the Director of Community Development has been made. 25.86.030 Appeals. A. The applicant or any interested party may appeal to the Planning Commission any zoning decision of the Director of Community Development. B. The applicant or any interested party may appeal to the Architectural Commission any design decision of the Director of Community Development. C. The applicant or any interested party may file an appeal to the City Council on any decision of the Architectural Commission. D. The applicant or any interested party may file an appeal to the City Council on any decision of the Planning Commission. E. The appeal from a decision of the Planning Commission, Architectural Commission or of the Director of Community Development shall be made within 15 days of the date of the decision by filing an application of appeal with the City Clerk. The appeal shall set forth the alleged inconsistency or nonconformity with procedures or criteria set forth in the chapter or standards set forth in or pursuant to this code. The filing of an appeal shall suspend any permit issued pursuant to the ruling of the Planning Commission, Architectural Commission or Director of Community Development until the appeal has been decided. F. All appeals shall be conducted in accordance with the provisions of Chapter 25.86. 25.86.040 Review by City Council. The City Council retains ultimate jurisdiction and authority to determine whether any approval, denial or other decision rendered by the Planning Commission, Director of Community Development or Architectural Commission is consistent with the goals and policies established by the City and the requirements of this title. Any member of the City Council may call up for review any approval, denial or other decision made pursuant to this title by delivery to the Director of Community Development a request for review within 15 days of the date of the decision, which will identify the decision to be reviewed and may, but is not required to, specify the concerns of the City Councilperson with respect to the decision. 25.86.050 Request for review is not an appeal. The City Council request for review shall not constitute an appeal. A request for review is an indication only that a Councilperson considers the decision important enough to warrant review by the City Council to ensure the decision is consistent with the goals and policies established by the City and the requirements of this title. The Councilperson request for review need not take a position in favor or against the decision, and a request for review shall not be construed to be an indication of approval or disapproval of the decision. The filing of a request for review shall suspend any permit issued pursuant to the ruling of the Planning Commission, Architectural Commission or Director of Community Development until the request for review has been decided. 4 PLANNING COMMISSION RESOLUTION NO. 1978 25.86.060 Consolidation of appeals or related decisions. When any application for a development project pursuant to this title requires more than one decision by different commissions or City officials, each of which decision is subject to appeal and/or review by the City Council, Planning Commission or Architectural Commission, the time for appeal or request for review of each of the decisions shall be tolled (suspended) until 15 days after the final decision necessary for the development project, in order that all appeals and reviews can be consolidated and considered at the same time by the City Council. 25.86.070 Hearing of request for review. A request for review shall be processed and heard by the City Council in the same manner and time frame as an appeal under this chapter. If a decision that is called up for review is also appealed, the appeal and review shall be consolidated and heard concurrently. 25.86.080 Action on appeal or review. The City Council, Planning Commission or Architectural Commission shall hear an appeal and/or request for review within 40 days of the appeal or request for review, unless tolled pursuant to Section 25.86.060. The hearing shall be a public hearing if the decision appealed or to be reviewed was the subject of a public hearing. The hearing shall be set by notice as prescribed in Section 25.86.010. The City Council, Planning Commission or Architectural Commission may affirm, reverse or modify a decision which has been appealed. A decision of the City Council shall be final. Section 2 That Sections 25.56.070, 25.64.060, 25.66.100, 25.70.110, 25.70.120, 25.72.090, 25.72.100, 25.74.050, 25.78.080 and 25.84.070 of the Code of the City of Palm Desert, California, are hereby repealed. 5 CIIV 01 PHIM DESERT 73-510 PAED WARING DRIVE PALM DESER]', CALIFORNIA 92260-2578 TEL: 760 346—o6i 1 FAX: 760 341-7098 info @palm-d escrt.org . PLANNING COMMISSION MEETING NOTICE OF ACTION Date: March 8, 2000 City of Palm Desert Re: ZOA 00-01 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of March 7, 2000: PLANNING COMMISSION RECOMMENDED APPROVAL OF ZOA 00-01 TO CITY COUNCIL BY ADOPTION OF RESOLUTION NO. 1978. MOTION CARRIED 4-0 (COMMISSIONER LOPEZ WAS ABSENT). Any appeal of the above action may be made in writing to the City Clerk, City of Palm Desert, within fifteen (15) days of the date of the decision. PHILIP DRELL, SECRETARY PALM DESERT PLANNING COMMISSION /tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal ,w ,„Eoowrrrr„Pr,PE CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: March 7, 2060 CASE NO: ZOA 00-01 REQUEST: Approval of an amendment to the Zoning Ordinance, Chapters 25.56, 25.64, 25.66, 25.70, 25.72, 25.84 and 25.86 as they relate to the appeals process. APPLICANT: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 I. BACKGROUND: The City Council requested that the City Attorney review and clarify the appeal process for persons dealing with the various city commissions. The goal was to create a unified appeal process for items which go through both Architectural Review Commission and Planning Commission. II. ANALYSIS: The amendment will repeal the various sections of the code which cover appeals now and consolidate them all into one chapter of the code. The new chapter 25.86 Public Hearings and Appeals consolidates all the requirements and provisions relating to public hearings and appeals into one chapter rather than having them scattered throughout the zoning ordinance. There is still a separate process provided for appeals to decisions of the Abatement Review Board (section 25.76.080 J). The new section 25.86.010 prescribes the staff person responsible for scheduling public hearings before the Architectural Commission, Planning Commission and City Council. The required noticing provisions are also delineated (no change from current provisions). Section 25.86.040 Review by City Council is a new section which vests ultimate jurisdiction over all decisions of Planning Commission, Architectural Commission or Director of Community Development. This section also provides that any member STAFF REPORT CASE NO. ZOA 00-01 MARCH 7, 2000 of City Council may call up for review any decision within 15 days without specifying the concern of the council member. Section 25.86.050 provides that a "request for review„ is not an appeal, but rather an indication that a council member considers the decision to be important enough to warrant review by the city council (see section 25.86.050 for further details). Section 25.86.060 consolidates the appeal time for projects which require decisions by more than one commission. The decision of one commission would not become effective and would remain subject to appeal until 15 days after the final decision necessary for the development project. Section 25.86.070 provides that a "request for review" shall be processed the same as an appeal and projects which are both appealed and called up for review are to be consolidated and heard concurrently. Section 25.86.080 retains the current time line for hearing appeals (40 days) but adds the tolling provision. Zoning Ordinance Review Committee reviewed an earlier version of this proposed amendment and endorsed the amendment. III CEQA REVIEW: The proposed amendment is a Class 5 categorical exemption for purposes of CEQA and no further documentation is necessary. IV. RECOMMENDATION: That the Planning Commission recommend to the City Council that Case No. ZOA 00- 01 amending the appeals process be approved. V. ATTACHMENTS: A. Draft resolution B. Legal notice 2 STAFF REPORT CASE NO. ZOA 00-01 MARCH 7, 2000 C. Comments from city departments and other agencies D. Plans and exhibits Prepared by teve Sm ith Reviewed and Approved by Phil Drell /tm 3 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO CHAPTERS 25.56, 25.64, 25.66, 25.70, 25.72, 25.84 AND 25.86 AS THEY RELATE TO THE APPEAL PROCESS. CASE NO. ZOA 00-01 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7th day of March, 2000, hold a duly noticed public hearing to consider an amendment to the Palm Desert Municipal Code, Chapters 25.56, 25.64, 25.66, 25.70, 25.72, 25.84 and 25.86, as they relate to the appeal process; 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. 97-18," in that the Director of Community Development has determined that the project is a Class 5 Categorical Exemption; and 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 its recommendation as described below: 1 . That the Zoning Ordinance amendment is consistent with the objectives of the Zoning Ordinance; 2. That the Zoning Ordinance amendment is consistent with the adopted General Plan and affected specific plans; and 3. That the Zoning Ordinance amendment would better serve the public health, safety and general welfare than the current regulations. 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 Commission in this case. 2. That the Planning Commission does hereby recommend to the City Council approval of a Zoning Ordinance text amendment as provided in the attached Exhibit "A" to amend Municipal Code Chapters 25.56, 25.64, 25.66, 25.70, 25.72, 25.84 and 25.86. PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 7th day of March, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: , PAUL R. BEATY, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" Section 1 That Chapter 25.86 Public Hearings and Appeals of the Code of the City of Palm Desert, California, is hereby amended to read as follows: Chapter 25.86 PUBLIC HEARINGS AND APPEALS Sections: 25.86.010 Hearing time and notice. 25.86.020 Effective date of decision. 25.86.030 Appeals. 25.86.040 Review by City Council. 25.86.050 Request for review is not an appeal. 25.86.060 Consolidation of appeals of related decisions. 25.86.070 Hearing of request for review. 25.86.080 Action on appeal or review. 25.86.010 Hearing time and notice. A. The Director of Community Development shall set the time and place of hearings required by this title to be held by the Planning Commission and Architectural Commission. The Planning Commission or Architectural Commission may, however, change the time or place of a hearing, if necessary. The Planning Commission, however, shall hold a hearing within the time limits specified in Chapter 4.5 of the State Planning and Zoning Law (Government Code Section 659920 et seq) for a change of zone, conditional use permit, precise plan, variance or other development review application that has been filed. B. The City Clerk shall set the time and place of public hearings required by this title to be held by the City Council; provided that the Council may change the time or place of a hearing. C. Notice of a public hearing shall be given not less than ten (10) days nor more than thirty (30) days prior to the date of the hearing by publication in a newspaper of general circulation in the city, and mailing notices to all persons whose names appear on the latest adopted tax roll of Riverside County as owning property within 300 feet of the exterior boundaries of the property that is the subject of the hearing. Hearings commenced within the time prescribed in this section may be continued from time to time even though the continued hearing may extend beyond the time limits described in this chapter. 25.86.020 Effective date of decision. A decision or order of the Planning Commission, Architectural Commission or the Director of Community Development shall not become effective until the expiration of 15 days after the 3 PLANNING COMMISSION RESOLUTION NO. date upon which a ruling of the Planning Commission, Architectural Commission or the Director of Community Development has been made. 25.86.030 Appeals. A. The applicant or any interested party may appeal to the Planning Commission any zoning decision of the Director of Community Development. B. The applicant or any interested party may appeal to the Architectural Commission any design decision of the Director of Community Development. C. The applicant or any interested party may file an appeal to the City Council on any decision of the Architectural Commission. D. The applicant or any interested party may file an appeal to the City Council on any decision of the Planning Commission. E. The appeal from a decision of the Planning Commission, Architectural Commission or of the Director of Community Development shall be made within 15 days of the date of the decision by filing an application of appeal with the City Clerk. The appeal shall set forth the alleged inconsistency or nonconformity with procedures or criteria set forth in the chapter or standards set forth in or pursuant to this code. The filing of an appeal shall suspend any permit issued pursuant to the ruling of the Planning Commission, Architectural Commission or Director of Community Development until the appeal has been decided. F. All appeals shall be conducted in accordance with the provisions of Chapter 25.86. 25.86.040 Review by City Council. The City Council retains ultimate jurisdiction and authority to determine whether any approval, denial or other decision rendered by the Planning Commission, Director of Community Development or Architectural Commission is consistent with the goals and policies established by the City and the requirements of this title. Any member of the City Council may call up for review any approval, denial or other decision made pursuant to this title by delivery to the Director of Community Development a request for review within 15 days of the date of the decision, which will identify the decision to be reviewed and may, but is not required to, specify the concerns of the City Councilperson with respect to the decision. 25.86.050 Request for review is not an appeal. The City Council request for review shall not constitute an appeal. A request for review is an indication only that a Councilperson considers the decision important enough to warrant review by the City Council to ensure the decision is consistent with the goals and policies established by the City and the requirements of this title. The Councilperson request for review need not take a position in favor or against the decision, and a request for review shall not be construed to be an indication of approval or disapproval of the decision. The filing of a request for review shall suspend any permit issued pursuant to the ruling of the Planning Commission, Architectural Commission or Director of Community Development until the request for review has been decided. 4 PLANNING COMMISSION RESOLUTION NO. 25.86.060 Consolidation of appeals or related decisions. When any application for a development project pursuant to this title requires more than one decision by different commissions or City officials, each of which decision is subject to appeal and/or review by the City Council, Planning Commission or Architectural Commission, the time for appeal or request for review of each of the decisions shall be tolled (suspended) until 15 days after the final decision necessary for the development project, in order that all appeals and reviews can be consolidated and considered at the same time by the City Council. 25.86.070 Hearing of request for review. A request for review shall be processed and heard by the City Council in the same manner and time frame as an appeal under this chapter. If a decision that is called up for review is also appealed, the appeal and review shall be consolidated and heard concurrently. 25.86.080 Action on appeal or review. The City Council, Planning Commission or Architectural Commission shall hear an appeal and/or request for review within 40 days of the appeal or request for review, unless tolled pursuant to Section 25.86.060. The hearing shall be a public hearing if the decision appealed or to be reviewed was the subject of a public hearing. The hearing shall be set by notice as prescribed in Section 25.86.010. The City Council, Planning Commission or Architectural Commission may affirm, reverse or modify a decision which has been appealed. A decision of the City Council shall be final. Section 2 That Sections 25.56.070, 25.64.060, 25.66.100, 25.70.110, 25.70.120, 25.72.090, 25.72.100, 25.74.050, 25.78.080 and 25.84.070 of the Code of the City of Palm Desert, California, are hereby repealed. 5 .� 73-510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 00.01 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider an amendment to the zoning ordinance text to amend Chapter 25.56, 25.70, 25.72 and 25.86 as they relate to the appeal process. SAID public hearing will be held on Tuesday, March 7, 2000, at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. PUBLISH: Desert Sun PHILIP DRELL, Secretary February 15, 2000 Palm Desert Planning Commission RECEIVED 'DO FEB 17 Aft 11 99 PROOF OF PUBLICATION CITY CLERK'S OFFICEty1 sFilingstarM (2015.5.C.C.P) RECEIVED FEB 17 2000 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF PALM DESERT STATE OF CALIFORNIA County of Riverside I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid;I am over the age of eighteen years,and not a party to or Interested in the No,:: above entitled matter.I am the principal clerk of a CITY OF PALM DESERT LEGAL NOTICE printer of the DESERT SUN PUBLISHING CASE NO. ZOA 00.01 COMPANY a newspaper of general circulation, NOTICE IS HERE fore t GIVEN that a public hearing Cam- printed and ubli5hed In the city Of Palm$ fin will be hold before the Palm Desert public Com- p p ty Springs, mission to consider an amendment to the zoningg County of Riverside,and which newspaper has been ordinance text to amend Chapter 25.56, 25.70. adjudged a newspaper of general circulation by the Cass and 2s.as as they relate to the appeal pro- Superior Court of the County of Riverside,State of SAID public hearingg will be held on Tuesday. California under the date of March 24 1988.Case March 7, 2000, at 7:00 p.m: in me Council Chain- , ber at the Palm Desert Civic Center, 73-510 Fred Number 191236;that the notice,of which the Waring Drive, Palm Desert, California, at which annexed is a rioted copy set in not smaller time and place all interested persons are invited to p py( type attend and be heard. Written comments concem- than non parcel,has been published in each regular ing all items covered b this public hearing notice and entire Issue of said newspaper and not in an snarl be accepted rn �o the date of the headng. y information concerning the proposed project supplement thereof on the following dates,to wit: and/or negative declaration is oval able for review in the Department of Community Development at the above address between the hours of :00 e.m. Febrile 15th and 5:00 P.M. Monday through Friday. If you chal- ry len a the proposed actions in court, you may be lmi ad to raising onlythose Issues you or someone else raised at the pblic hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to,the public hearing. PHILIP DRELL. Secretary All In the year 2000 Palm Desert Planning Commission PUB: February 15. 2000 I certify(or declare)under penalty of perjury that the foregoing is true and correct 15th Dated at Palm Springs,California this-day February of ,2000 Signature . Vh oq PCM Dwnin 73.510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 00-01 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider an amendment to the zoning ordinance text to amend Chapter 25.56, 25.70, 25.72 and 25.86 as they relate to the appeal process. SAID public hearing will be held on Tuesday, March 7, 2000, at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this. public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in.court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. PUBLISH: Desert Sun PHILIP DRELL, Secretary \ February 15, 2000 Palm Desert Planning Commission J MEMORANDUM To: Buford A. Crites, Mayor Jim Ferguson, Mayor Pro-Tempore Jean M. Benson, Council Member Richard S. Kelly, Council Member Robert A. Spiegel, Council Member F'xoM: David J. Erwin DATE: January 27, 2000 RE:' Planning Commission and Architectural Review Appeals Enclosed please find a draft proposed modification of our ordinance which clarifies the review process by Council. This proposal does not change the appeal process of each body to the Council but does consolidate review timing when a project goes to both bodies. The Council may wish to change the direction of appeals to an intermediate body rather than directly to the Council by the Architectural Commission. Your comments and direction would be welcome. RNIYU3\DJE\161816 ORDINANCE _ OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ENDING SECTIONS OF THE ZONING ORDINANCE RELATING TO REVIEW AND APPEAL The City Council of the City of Palm Desert, California does hereby ordain as follows: Section 1. That Section 25.56.070 of the Code of the City of Palm Desert, California being the same is hereby amended to read as follows: "25.56.070 Appeal Interested persons may appeal from a decision of the director of the community development made pursuant to this chapter to the planning commission. Such appeal shall be heard in accordance with Chapter 25.86." Section 2. That Section 25.70.110 of the Code of the City of Palm Desert, California and the same is hereby amended to read as follows: 1125.70.110 Effective date of decision A decision or order of the commission or the director of vlronmen se ' s shall not become effective until the expiration of fifteen days after the date upon which a ruling of the commission or the director of envir,nme tal-3er4ees has been made." Section 3. That Section 25.70.020 of the Code of the City of Palm Desert, California and the same is hereby amended to read as follows: " .70.120 Appeals . A. The applicant or any interested party may file an appeal to the city council on any decision of the architectural commission. B. The applicant or any interested party may appeal to the architectural commission any decision of the director of community development. C. The appeal from a decision of the architectural review commission or of the director of community development shall be made within fifteen days of the date of P-WUB\DIEV 61796 1 1/26/00 17:41 the decision by filing an applic tion of appeal with the city clerk. The appeal shall set forth the alleged inconsistency or nonconformity with procedures or criteria set forth in the chapter or standards set forth in or pursuant to this code. The city council or the shall decide an appeal within fortVdays of the filing such appeal unless an extension of time is consented to by the applicant or in the event that there is not a city council meeting within thirty days of the appeal, the decision shall be made at the first regularly scheduled city council meeting thereafter. The filing of an appeal shall suspend any building permit issued pursuant to the ruling of the architectural review commission or director of community development until the appeal has been decided. D. All appeals will be conducted in accordance with the provisions of chapter 25.86." 6.e as *e- Section 4. That Section 25.72.090.ande same is hereby amended to read as follows: "5.72.090 Appeals A decision of the planning commission may be appealed to the city count' all n accordance with chapter 25.86." Section 5. That Section 25.72.100 and the same is repealed. Section 6. That Section 25.86.020 and the same is hereby added to the Code to the City of Palm Desert, California to read as follows: "25.86.020 Appeal of Decision of Planning Commission,Zoning Administrator or Director of Community Development Any decision of the planning commission, including decisions of the planning commission regarding appeals, may be appealed to the city council as otherwise provided in this chapter." Section 7. That Section 25.96.032 and the same is hereby added to the Code to the City of Palm Desert, California to read as follows: "25.86.032 Review by city council The city council retains ultimate jurisdiction and authority to determine whether any approval, denial or other decision rendered by the planning commission, director of community development sewiees;or architectural review commission is consistent with the goals and policies established by the city and the requirements of this title. Any member of the city council may call up for review any approval, denial or other-decision made pursuant to this title by delivery to the director of community developmegCsese request for review within fifteen days of the date of the decision, which will identify the decision to be reviewed and may, but is not required to, RMPUBUMM61796 2 1/26f00 17:41 specify the concerns of the city councilperson with respect to the decision." Section 8. That Section 25.86.034 and the same is hereby added to the Code to the City of Palm Desert, California to read as follows: "25.86.034 Request for review is not an appeal The city council request for review shall not constitute an appeal. A request for review is an indication only that a councilperson considers the decision important enough to warrant review by the city council to ensure the decision is consistent with the goals and policies established by the city and the requirements of this title. The councilperson request for review need not take a position in favor or against the decision and a request for review shall not be construed to be an indication of approval or disapproval of the decision." Section 9. That section 25.86.035 and the same is hereby added to the code to the City of Palm Desert, California to read as follows: "25.86.035 Consolidation of appeals of related decisions When any application for a development project pursuant to this title requires more than one decision by different commissions or city officials, each of which decisions is subject to appeal and/or review by the city council the time for appeal or request for review for each of the decisions shall be tolled until fift en days after the final decision necessary for the development project, in order that all appeals and reviews can be consolidated and considered at the same time by the city council." Section 10. That Section 25.86.036 and the same is hereby added to the Code to the City of Palm Desert, California to read as follows: "25.86.036 Hearing of request for review A request for review shall be processed and heard by the city council in the same manner as an appeal under this chapter. If a decision that is called up for review is also appealed, the appeal and review shall be consolidated and heard concurrently." Section 11. That Section 25.86.040 and the same is hereby amended to read as follows: "25.86.040 Action on appeal or review The city council or planning commission shall hear an appeal and/or request for review within 40 days of the appeal or request for review, unless tolled pursuant to Section 25.86.035. The hearing shall be a public hearing if the decision appealed or to be reviewed was the subject of a public hearing. The hearing shall be set by notice as prescribed in Section 25.86.010. The W"UBMD 161796 3 126/00 17:41 council or commission may affirm, reverse or modify a decision which has been appealed. A decision of the city council shall be final." Section 12. The city clerk shall cause this Ordinance to be published once within fifteen (15) days after it is adopted and the same shall be in full force and effect thirty (30) days thereafter. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of Palm Desert, California on the_day of January, 2000, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: BUFORD A. CRITES, MAYOR ATTEST: By: RACBELLE KLASSEN, City Clerk APPROVED AS TO FORM: By: DAVID J. ERWIN, City Attorney City of Palm Desert, California RMPUBOM161796 4 1/26/00 17:41 PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp (2015.5.C.C.P) RECEIVED MAR 2 9 1000 COMMUNITY DRTLOPMENT DEPARTMENT CITY OF PALM DESERT STATE OF CALIFORNIA County of Riverside I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid;I am over the age of eighteen years,and not a party to or interested in the above-entitled matter.I am the principal clerk of a printer of the,DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, printed and published in the city of Palm Springs, No.4388 CITY OF PALM DESERT County of Riverside,and which newspaper has been LEGAL NOTICE adjudged a newspaper of general circulation b the CASE NO. EN tZOA at a g Y NOTICE IS HEREBY GIVEN that a ppublic hearing will be held before the Palm Desert Cfly Council to Superior Court of the County of Riverside,State of consider on amendment to the zoning ordinance California under the date of March 24,1988.Case t,,t to amend Chapter 25.58. 25.70 and 25.86 as they relate to the appeal process. Number 191236;that the notice,of which the sA1D ppublic hearing will be held on Thyrsday, April 13, 2000. at 7:00 p.m. in Council Chamber at the annexed is a printed copy(set in type not smaller palm Desert Civic Center, 73-510 Fred warinp than non panel,has been published in each regular Drive. Palm Desert persColliona et which time enEd place all mteresert persons are Invited to a antl and entire issue of said newspaper and not in any I and be heard. written comments concerning all items covered by this public hearin notice shall supplement thereof on the following dates,to wit: be accepted up to the date of the caring. I nor- motion concerning the proposed project negative declaration is available for review in the March 24th Department of Community Development at the above 500 p-m tlMondayress Whrough Friday. it you0 challenge the proposed actions In court, you may be limited to raising only those issues you or someone else raised et I public hearing descrilxd in this no- tice, or in written correspondence delivered to the. city Council at, or prior to the pub c lic h ea.ding.Isrk RACHELLE KLA$SEN, Atm C� G All in the year 2000 Ciry of Palm Daserrt, caafomISEI PUB: March 24 2000 I certify(or declare)under penalty of perjury that the foregoing is true and correct - 27th Dated at Palm Springs,California this day March of 2000 Signature 3-E a.E a.E 73['I2 ISM I SS I OI�I I2EHC J71C 3-E 3-E jE MAR-21-00 11 :48 ID:7603417098 CITY OF PALM DESERT -TOS III LJ M E3E IR 505 I I,I F-O IZ M Pa-Jr I O I-I C C3 D E C3 K TELEPHONE NUMBER 7784731 NAME( ID NUMBER) 7607784731 START TIME MAR-21-00 11 :46 PAGES TRANSMITTED 003 TRANSMISSION MODE G3 RESOLUTION STD REDIALING TIMES 00 SECURITY OFF MAILBOX OFF MACHINE ENGAGED 01 .56 THIS TRANSMISSION IS COMPLETED. LAST SUCCESSFUL PAGE 003 r , I - , I '•IC�B4b o5} p�0�, ��ry3 73-6110 FRIED WARING DRIVE-PALM DESERT,CALIFORNIA 9=60 TELEPHONE(6l9)346-06'I 1 V,•', CITY OF PALM PESERT r 11', � t LEGAL NOTICE CASE NO. ZOA 00-03 - NOTICE IS HEREBY GIVEN that a public hearing will be hold before the Palm Desert City Council to consider an amendment to Chapter 25.25.014, the OfFica Professional zone parmittctl .16es su"tA'.6'ct to aIcontlitional use' armit, to allow ancillary com marcial usaa on O.P. zoned sites having land area of two acres or more_ Poa[-IC Fax Novo 7671 �� 3 Lfl - ao..oe - ' II A , SAID public hearing will be held on Thursday, April 13, 2000, at 7:00 p_m. in the Council Chamber at the Palm 0asart Civic Center,73-510 Fretl Waring Oriva, Palm Desert,California, at which time and place all it terestatl parsons are invited to attend and be heard. Written com mants concerning all items covered by this public hearing notice shall be aceapted up _ _ ., __ - •_._ __-____._- _�_ �_����..,. .---...:e�. �..,�i.�� .moo.-.a...,o Z. �• 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 00-01 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider an amendment to the zoning ordinance text to amend Chapter 25.56, 25.70, 25.72 and 25.86 as they relate to the appeal process. SAID public hearing will be held on Thursday, April 13, 2000, at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. PUBLISH: Desert Sun RACHELLE KLASSEN,Acting City Clerk March 24, 2000 City of Palm Desert, California