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Home My WebLink AboutZOA 01-78 TEMPORARY HOUSING 1978 Minutes Palm Desert Planning Commission January 31, 1978 Page Four VI . PUBLIC HEARINGS (Cont . ) C. Case No. TT 11881 (Cont . ) TOM ESSEN, 431 S: Palm Canyon , representing Philip Abrams Engineering, stated that he was impressed with the completeness of the Staff Report and agreed with it completely. Chairman Berkey asked if there was anyone wishing to to' speak in FAVOR or in OPPOSITION to the proposal . Being none , he declared the Public Hearing closed and asked for the pleasure of the Commis- sion. On a motion by Commissioner Kelly, seconded by Commissioner Kryder , the Commission approved Case No. TT 11881 by Planning Coin- mission Resolution No. carried unanimously (5-0) . D. Case No. ZOA 01-78 INITIATED BY THE PALM DESERT PLANNING COMMISSION ion of a Zoning Ordinance Amendment to provide for the utilization of mobile homes as housing for agriculture workers by Temporary Use Permit . Mr. Williams informed the Commission that the person desiring this amendment had made other arrangements and had withdrawn his re- quest . Mr . Williams suggested that the item be tabled at this time. On a motion by Commissioner Snyder, seconded by Commissioner f Kelly, Case No. ZOA 01-78 was tabled until such time that the Com- mission requests its further consideration; carried unanimously ( 5-0) . At this time Mr. Williams noted two items that had been in- advertently omitted from the agenda that the applicant had requested be continued to the February 15th meeting, by a letter addressed to the Planning Commission, notably Case Nos. CUP 18-77, 67C and PM 11796. . On a motion by Commissioner Reading, seconded by Commissioner Kelly, the Commission continued the cases to the February 15th meet- ing; carried unanimously (5-0) . (See attached Exhibit B) Mr. Williams also informed the Commission of the Council ' s consideration of Case No. C/Z 12-77, Lewis Homes of California, applicant at their meeting of January 26 , 1978. He noted the map showing the Council ' s proposal . Since their proposal is different that the recommendation of the Planning Commission , the case must be referred back to the Planning Commission for further review and a report must be reported back to the Council within 40 days. Mr. Williams noted the alternatives the. Commission could take , which are as follows : 1. Reaffirm its previous recommendation of R-1-12, 000 on the total property. 2. Concur with the action of the City Council on this matter. 3. Consider other alternatives . There was some. discussion with regard to when the case should be discussed and when the Planning Commission makes their recommenda- tion, can the City Council continue the case at their meeting . Mr. Williams noted that the City Council can continue the case and take a second reading of the Ordinance. �� Z o� oi- �� CITY OF PALM DESERT STAFF REPORT To: Planning Commission Report On: Zoning Ordinance Amendment Applicant: Palm Desert Planning Commission Case No. : ZOA 01-78 Date: January 31 , 1978 I . REQUEST: Consideration of an amendment to Chapter 25.64 of the Palm Desert Municipal Code to provide for the utilization of mobile homes as housing for agricultural workers by Temporary Use Permit, only as an accessory use on property in any zone where agricultural is the main use of the property. II . STAFF RECOMMENDATION: By Planning Commission Resolution No. recommend to the City Council approval of the proposed Zoning Ordinance Amendment. Justification is based upon the following: 1 . The proposed text amendment is consistent with the objectives of the Zoning Ordinance. 2. The proposed text amendment is consistent with the objectives of the adopted General Plan. III . DISCUSSION: At the present time the City of Palm Desert has few acres of its origi- nal date groves. The adopted General Plan encourages the preservation of the date groves to the greatest extent possible. It is felt that the provision of housing for agricultural workers as a part of the exist-1 ing date groves might extend the life of the subject groves which would therefore, be in conformance with the General Plan, this being the reason for the proposed Zoning Ordinance Amendment. The proposed amendment to the text of the Zoning Ordinance would provide for the establishment of temporary housing and mobile homes for agricultural workers by temporary use permits, where it is related to the production of existing date groves. The temporary use would be subject to the limitation of annual review. The Director of Environmental Services possesses sufficient authority to mitigate any possible adverse impacts that might result from the temporary use relative to location. PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE CITY OF PALM DESERT PLANNING COMMISSION ANNOUNCING FINDINGS AND RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN AMENDMENT TO CHAPTER 24 . 64 OF THE PALM DESERT MUNICIPAL CODE TO PROVIDE FOR HOUSING FOR AGRICULTURAL WORKERS BY TEMPORARY USE PERMIT, ONLY AS AN ACCESSORY USE ON PROPERTY IN ANY ZONE WHERE AGRICULTURE IS THE MAIN USE OF THE PROPERTY. CASE NO. ZOA 01-78 WHEREAS, the Planning Commission of the City of Palm Desert, California, did consider an Amendment to Chapter 24. 64 of the Palm Desert Municipal Code which would provide for housing for agricultural workers by Temporary Use Permit , only as an accessory use on property in any zone where agriculture is the main use of the property; and, WHEREAS, said proposal has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 77-7" , in that the Director of Environmental Services has deter- mined that this proposal will not result in any substantial adverse impact on the environment on January 10, 1978, and the appeal period has expired; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments , if any, the Planning Commission did find the following facts and reasons to exist to justify a recommendation of approval to the City Council regarding the proposed amendment : 1 . The proposed text amendment is consistent with the objec- tives of the Zoning Ordinance. 2 . The proposed text amendment is consistent with the objec- tives of the adopted General Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert , as follows : 1 . That the Planning Commission does hereby recommend to the City Council approval of an Amendment to Chapter 24.64 of the Palm Desert Municipal Code to provide for the establishment of temporary housing and mobile homes for agricultural workers by Temporary Use Per- mits when it is related to the production of existing date groves, sub- ject to the limitation of annual review of said Temporary Use Permit . 2 . That the Commission does hereby recommend to the City Council that Sec. 25 .64. 020 be amended to read as indicated on the attached Exhibit ' A' . PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission on this 31st day of January, 1978, by the following vote, to wit : AYES : NOES : ABSENT: ABSTAIN: GEORGE BERKEY, Chairman ATTEST : PAUL A. WILLIAMS , Secretary /ks 25 . 64. 010--25 . 64. 030 Chapter 25. 64 PERMITTED TEMPORARY USES Sections : 25 . 64. 010 Purpose. 25 . 64. 020 Uses permitted subject to temporary use permit. 25. 64. 030 Application and filing fee . 25 . 64. 040 Decision 25 . 64. 050 Conditions . 25 . 64. 010 Purpose. Uses permitted subject to a temporary use permit are those temporary uses which are required in the process of establishing a permitted use, or constructing a public facility. Such uses shall be so conducted that they will not be detrimental in any way to the surrounding properties or to the community. (Ord. 98 01(part) , 1975 : Exhibit A 825 . 35-1) . 25. 64. 020 Uses permitted subject to temporary use permit. The fo owing uses require a temporary use permit : A. Carnivals , circuses , special events of not over seventy- two consecutive hours ; B . Christmas tree sales ; C. Construction of garage or shed for subdivision construction; D. Garage/yard sales (limited to sixty consecutive hours) ; E . Housing for Agricultural Workers (only as an accessory use where date production is the main use of the 'property in existing groves only; subject to annual inspection by the City and review by the Director of Environmental Services) ; F. Model homes , model home sales offices ; G. Parking and storage of earth-moving or construction equipment ; H. Storage of materials incidental to the carrying on of a pub- lic works project, subdivision or construction project ; I . Real estate tract sales office ; J. Sales of art work; K. Such other uses as the zoning administrator may consider to be within the intent and purpose of this chapter. (Ord. 98 S1(part, 1975 : Exhibit A 925 . 35-2) . 25 . 64. 030 Application and filing fee . Application for a tem- porary use permit may be made by the property owner or his authorized agent. The application shall be filed with the zoning administrator who shall charge and collect a filing fee for each application, as determined by resolution of the city council . (Ord. 98 61(part) , 1975 : Exhibit A 025. 35-3) . 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 REPORT OF PLANNING COMMISSION ACTION DATE Feb. 1 , 1978 APPLICANT City of Palm Desert Planning Commission P. 0. Box 1977 Palm Desert, CA 92260 CASE NO. : ZOA 01-78 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of Jan. 31 , 1978 XX XX))SXdMM)MX TABLED DENIED APPROVED BY PLANNING COMMISSION RESOLUTION NO. PLACED ON THE AGENDA OF THE CITY COUNCIL OF FOR CONCURRENCE WITH THE PLANNING COMMISSION DECISION. PLACED ON THE AGENDA OF THE CITY COUNCIL OF FOR PUBLIC HEARING. Any appeal of the above action may be made in writing to the Director of Environmental Services, City of Palm Desert, within fifteen (15) days of the date of the decision. PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSSION cc: Applicant C.V.C.W.D. File w PLANNING COMMISSION RESOLUTION NO. 324 A RESOLUTION OF THE CITY OF PALM DESERT PLAN- NING COMMISSION SETTING A PUBLIC HEARING FOR JANUARY 31 , 1978, TO CONSIDER A ZONING ORDI- NANCE AMENDMENT TO PROVIDE FOR THE UTILIZATION OF MOBILE HOMES AS HOUSING FOR AGRICULTURAL WORKERS BY TEMPORARY USE PERMIT, ONLY AS AN ACCESSORY USE ON PROPERTY IN ANY ZONE WHERE AGRICULTURE IS THE MAIN USE OF THE PROPERTY. ZOA NO. 01-78 WHEREAS, the City has several acres of date groves , and ; WHEREAS, the General Plan encourages the preservation of those date groves to the greatest extent possible, and; WHEREAS , the Planning. Commission believes that the provision for agricultural workers housing as a part of the existing date groves may extend the life of said groves in conformance with the General Plan . NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows : 1 . A Public Hearing is hereby set to consider an amendment to Chapter 25. 64 of the Palm Desert Municipal Code, to provide for the establishment of temporary housing and mobile homes for agricultural workers by temporary use permits, when it is related to the production of existing date groves, subject to the limitation of annual review of said temporary use permit . 2 . Said Hearing is set for 7 :00 p.m. , January 31 , 1978, and the Secretary is hereby instructed to provide for the necessary notices to conduct said Hearing . PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission on this 3rd day of January, 1978, by the following vote, to wit : AYES : BERKEY, KELLY, KRYDER, READING, SNYDER NOES : NONE ABSENT: NONE ABSTAIN: NONE GEORGE BERKEY, Chairman ATTEST : PAUL A. WILLIAMS, Secretary /ks 2! 4 . 010--25 .64 . 030 Chapter 25 . 64 PERMITTED TEMPORARY USES Sections : 25.64 .010 Purpose . 25. 64 . 020 Uses permitted subject to temporary use per- mit. 25.64 .030 Application and filing fee . 25 .64 .040 Decision. 25 .64 .050 Conditions . 25 .64 .010 Purpose. Uses permitted subject to a tempo- rary use permit are those temporary uses which are required in the process of establishing a permitted use, or construct- ing a public facility. Such uses shall be so conducted that they will not be detrimental in any way to the surrounding properties or to the community. (Ord. 98 §1 (part) , 1975 : Exhibit A §25 .35-1) . 25 .64 .020 Use permitted subject to temporary use per- mit. The followisng uses require a temporary use permit: A. Carnivals , circuses, special events of not over seventy-two consecutive hours ; B. Christmas tree sales ; C . Construction of garage or shed for subdivision con- struction; D. Garage/yard sales (limited to sixty consecutive hours) ; E. Model homes, model home sales offices; F. Parking and storage of earth-moving or construction equipment; G. Storage of materials incidental to the carrying on of a public works project, subdivision or construction project; H. Real estate tract sales office; I . Sales of art work; J. Such other uses as the zoning administrator may consider to. be within the intent and purpose of this chapter. (Ord. 98 §l (part) , 1975 : Exhibit A §25 .35-2) . 25 .64 .030 Application and filing fee. Application for a temporary use permit may be made by the property owner or his authorized agent. The application shall be filed with the zoning administrator who shall charge and collect a filing fee for each application, as determined by resolution of the city council. (Ord. 98 §l (part) , 1975 : Exhibit A 525 . 35-3) . 407 2S .64 . 040--25 .66 . 010 v 25 .64 .040 Decision. Application for a temporary use permit shall be reviewed by the zoning administrator. The zoning administrator shall approve , conditionally approve, or disapprove such application. Approval or conditional approval shall be given only when in the judgment of the zoning administrator such approval is within the intent and purposes of this chapter. (Ord. 98 §1 (part) , 1975 : Exhibit A §25 .35-4) . 25.64 .050 Conditions. In approving a temporary use permit, the approval shall be made subject to a time limit not to exceed sixty days ; provided, that a permit for a tract home or lot sales office 'or construction site uses may be for a period not to exceed one year. Extensions or re-exten- sions may be granted if conditions remain unchanged not to exceed one year. The following conditions shall be considered in an application for a temporary use permit: A. Regulation of hours; B. Regulation of lights ; C . Requirements of bonds or other guarantees for cleanup or removal of structure or equipment; D. Such other conditions deemed necessary to carry out the intent and purpose of this section. (Ord . 98 §1 (part) , 1975 : Exhibit A §25 .35-5) . Chapter 25 .66 HOME OCCUPATIONS Sections : 25. 66 .010 Purpose . 25. 66 . 020 Regulations . 25 .66 .030 Use permit. 25 .66 . 040 Term and renewal of permits . 25 . 66 .050 Permit fee . 25 .66 .010 Purpose. This chapter is intended to pro- vide for those uses customarily conducted entirely within a dwelling and carried on by its occupants . The use must be clearly incidental to the use of the dwelling and may not change the character thereof nor adversely affect the uses permitted in the district of which it is a part. The purpose of a home occupation shall be limited to the use of the home for telephone and mailing address purposes only. (Ord . 98 §1 (part) , 1975 : Exhibit A §25 .36-1) . 408 s 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 January 9, 1978 T LEGAL NOTICE CITY OF PALM DESERT ZONING ORDINANCE AMENDMENT TO PROVIDE FOR THE UTILI- ZATION OF MOBILE HOMES AS HOUSING FOR AGRICULTURE WORKERS BY TEMPORARY USE PERMIT. CASE NO. ZOA 01-78 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a Zoning Ordinance Amendment to amend Sec. 25.64.020 of the Palm Desert Municipal Code to provide for utili- zation of mobile homes as housing for agriculture workers by Temporary Use Permit-, only as an accessory use on property in any zone where agriculture is the main use of the property. SAID Public Hearing .will be held on Tuesday, January 31 , 1978, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place, all interested per- sons are invited to attend and be heard. PAUL A. WILLIAMS, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post January 12, 1978 EIR FORM #1 CITY OF PALM DESERT NEGATIVE DECLARATION Case No. : ZOA 01-78 Applicant : City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 92260 Description of Project: Zoning Ordinance Amendment to amend Sec. 25. 64. 020 of the Palm Desert Municipal Code to provide for the utilization of mobile homes as housing for agriculture workers by Temporary Use Permit , only as an accessory use on property in any zone where agriculture is the main use of the property. Finding: The project will not result in any substantial adverse impact on the environment . Justification: The proposed temporary use by its nature would only be applicable within the City of Palm Desert in rare instances . The City ' s Zoning Ordinance delegates sufficient responsibility to the Director of Environmental Services to mitigate any possible adverse impacts to the environment when the temporary use is applied for . Any interested citizen may appeal this determination to the Planning Commission within eight (8) days of the date of the posting of public notice by filing an appeal in accordance with Resolution No. 77-7 with the Department of Environmental Services located at 45-275 Prickly Pear Lane, Palm Desert, California. If no appeal is filed within said time, this determination shall be final. Date Filed with County Cler k (within five days) Jan . 10, 1978 Date Public Notice Is Posted: Jan . 10, 1978 cc: Applicant Date Appeal Period Expires: County Clerk 'File Jan . 18, 1978 Y Bulletin Board . �.��S_�._ _._ �`-�.t.: ,fir ^3...� .:•^5;_�.i._ �� .. '.�:... _.. _•- .' . PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp (2015.5 C.C.P.) STATE OF CALIFORNIAl ss. County of Riverside I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen ,- years, and not a party to or interested in the above Proof of Publication of entitled matter. I am the principal clerk of the printer of PALM DESERT POST, a newspaper of general circu- City of Palm Desert lotion, published weekly, in Palm Desert, County of - -- --- -" -" ----"---" -" '- ---- "-------------- ---------'-- Riverside, and which newspaper has been adjudged a newspaper of general circulation by the Superior CaseNo_.___ZOA_ 01 -78 _ _____ Court of the County of Riverside, State of California, under date of October 5, 1964, Case Number 83658; I that the notice, of which the annexed is a printed copy, .----_----_---__--_--_----. L AL NOTIC ---__----- has been published in each regular and entire issue of CITY,OF.PALM DESERT P g ONINGtO RDINANC AM EN DM 2 N:T T01PR0'- said newspaper and not in any supplement thereof on viOr F.OR*rH JUTIOIZA TIppN Off��MMOBILE/HOMES A8lNO MONFOR R,GRI the following dates to-wit: CE/uTPO RAQR 1UsAPE - M17RCASE NO.FFLLOA 01-78 ice is hergebY. ivenrinyho; fOyB The,Palm DC51 C�rTb be Cgqmmmission;,fo consltler•a;Zon ing;Ortli nanCCirAmendmtlnt$f0 a mend kSe c 25. Z0201iefyth Palm Deser unicipalaxlme ..__.._-_ 1-{-a_�-__-________-______-__ pprovldeifor ufill¢O emo rNte homes as t ri culTure_mit os b m Moror ce Use o Prnil neon Ce^�USe re pricper r p ny on1"Us ere fr ri main use ubli a pproperty AID;,Publi HeOringwlll 974 a1,.7:00 p.m n'.the��..aawmil GFlombers^In;the Palm7Cfewrl CNYWa111�45-275 Pr�icklyy$Pear Lane7Palm Desert,Callfarn[a, atsvhi<h:time and P10"1011,rn. TeresTetl I certify (or declare) under penalty or perjury That the land Personvar nvlted t0' be heard. VA;WILL'I AMS Secretory foregoing is True and correct. Pia Mnp Commission PDP. af: $IgnetU re Date--------------January -�2 -—— - - 197$_ at Palm Desert, California PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp (2015.5 C.C.P.) STATE OF CALIFORNIA� ss. County of Riverside I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above Proof of Publication of entitled matter. I am the principal clerk of the printer of PALM DESERT POST, a newspaper of general circu- City of Palm Desert lation, published weekly, in Palm Desert, County of --------------------- ------------- ----'---'- ----------"— Riverside, and which newspaper has been adjudged a newspaper of general circulation by the Superior Case No. Z0__A_____0.1_—_7__8____ Court of the County of Riverside, State of California, — under date of October 5, 1964, Case Number 83658; Negative Declaration that the notice, of which the annexed is a printed copy, EIR FORM rl ------ ------------ ITYOFPALMDESERT ------------------- has been published in each regular and entire issue of NEGATIVE DECLARATION ppCASSNO ZOAW' said newspaper and not in any supplement thereof on 1 tVlof Paim VN r the following dates to-wit: S-27s Prickly Pear Lon Pblm Des n of P 92260 ��g Ordi nonce�Arne nd ment,ito'amend Sec.2_61.020 ofstheilpalm),Desert unlcl- Pa1lCode to Provide forythe utilization3ofrmoblle homes as-housing for ogr..icu hire workerslby�Cmppraryfdis 1/1 2 - Permit;only as on occeswry -_____-_._-----------_------ use;on�PropI rtyy min:any one -_________________—_.._________________________ heresogrlculturejlI h main use of}he property Finding: The Protect' d no,resuff n anvlsubstantialfadverse Im cf on the environment. ustificotlan: ----—____...._-- by I proposed tempora app ,nature would, Jjbe licoble;within;the_City of I m2Desertiln4r,arelin. cest�The*cItV, zoning tlinonce=del1eeppoo}} fi_ tr sibllltV,to the,of I certify (or declare) under penalty or perjury that the ctoriof Environmental P tY Pe I rY ices, mitigate.any pas Vesrlble_ad rse;impacts�tokthe foregoing is true and correct. viromentfwheni tem arY use is applietl for mterestetl zcltizen ma ,�I phisttdetermIna tion�o Plann(n Commission' wi In�eight/(8doyslof�ihe l date ofithe posting of public_ ilce:bv.fil=iwng_an aPoealriwa: 7,�witceh=theh�Department*M. .Signature Environmental:Servlces•locaf- ed at„45-275 PrlcklVV Pear Lane Palm_DeserLtCal ifornia If{no aPPeallis�filed=withln aid timellhis determination hall b!final. Oate.FiledwMCWn Cler V,10,p97s Date__--_—_ ____- _Januar—__Y__12--------- 1978__ Date.Public Notice Pasr rvJo,M9 t%Appeal Period xP re at Palm Desert, California a v s 19 oP- n2tl J I�