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HomeMy WebLinkAboutZOA 03-81 MODEL HOMES 1981 MINUTES PALM DESERT PLANNING COMMISSION Page Three MARCH 18, 1981 I VI . PUBLIC HEARINGS (cont. ) B. Continued Case No. TT 17103 - BPS DEVELOPMENT AND STAN MORSE, Applicants Request for approval of a Tentative Tract Map for 11 lots to allow 65 condominium units, 144 hotel units, 110,000 square foot commercial development and a 5,000 square foot restaurant on approximately 30 acres within the PR-5 (N) (Planned Residential District, maximum 5 d.u./acre, Natural Factor Overlay) ; PR-5 (N), S.P. (Planned Residential District, maximum 5 d.u./acre, Natural Factor and Scenic Preservation Overlay); PC-4 (N) , S.P. (Resort Commercial , Natural Factor and Scenic Preservation Overlays) located at the northeast corner of Deep Canyon Road and Highway 111. Mr. Diaz indicated that the applicant requested a continuance indefinitely. Staff concurred with the continuance and it was noted that this request would be readvertised. Chairman Miller opened the Public Hearing and asked if anyone wished to speak in FAVOR or OPPOSITION to this case. There was none. Motion was made by Commissioner Berkey, seconded by Commissioner Kryder, to continue this case indefinitely. Carried unanimously (5-0). C. Case No. ZOA 02-81 - CITY OF PALM DESERT, Applicant Request consideration of an amendment to the Palm Desert Zoning Ordinance amending Chapter 25.64, pertaining to Permitted Temporary Uses. Mr. Diaz presented this request stating that the Commission previously reviewed this amendment when they set this public hearing date. He reviewed the the revisions and recommended approval . Commissioner Kryder asked Staff what prompted these amendments. Mr. Diaz explained that Staff was in the process of reviewing and proposing revisions to the Zoning Ordinance; this was part of that process. He felt that the proposed amendments would be an improvement. ' Chairman Miller opened the Public Hearing and asked if anyone wished to speak in FAVOR or OPPOSITION to this case. .. There being none, the Public Hearing was closed. Commissioner Richards felt that three days for a temporary use was not enough time in some cases, and therefore suggested a revision to the Resolution, Exhibit "A" under Section 25.64.040(A) , to read: . . .and such activity may be permitted for up to seven (7) consecutive days at any one time. . . Commissioner McLachlan also felt that "Sporting Events" should be listed under the uses. Mr. Diaz explained that this would not cover sporting events because they do not need approval when its entirely on private property. Motion was made by Commissioner Richards, seconded by Commissioner McLachlan, to recommend approval to the City Council by adoption of Planning Commission Resolu- tion No. 693, as amended. Carried unanimously (5-0). D. Cas ZOA 03-81 - CITY OF PALM DESERT, Applicant Request consideration of an amendment to the Palm Desert Zoning Ordinance establishing Chapter 25.65, "Model Home Marketing Complexes", regulating model home complexes. Mr. Diaz presented this case stating that the Commission previously reviewed the request. Staff recommended approval . MINUTES PALM DESERT PLANNING COMMISSION MARCH 18, 1981 Page Four VI. PUBLIC HEARINGS (cont. ) Commissioner Berkey felt that this section was not necessary and that it could be covered under the Development Plan application. Mr. Diaz explained that this section would allow a developer to build his Model Home Complex in a residential development without delay. He added that it would simplify the process and gave examples of the difficulties that have previously occurred. Commissioner Berkey felt that a condition to the development plan approval , stating the developer would be allowed to build his Model Home Compex, would cover this matter and this new section would not be necessary. Commissioner Richards agreed. Commissioner Kryder asked Mr. Diaz if it would be possible to cover this under the development plan procedures. Mr. Diaz replied that previously it was covered under the Temporary Use Permit section. After further discussion staff withdrew this request and Commission concurred with staff to review and consider this matter under the development plan procedures. VII. OLD BUSINESS - NONE VIII. NEW BUSINESS - NONE IX. DESIGN REVIEW BOARD ITEMS - NONE X. DISCUSSION ITEMS A. Review of Sign Ordinance. Mr. Diaz stated that since Commission instructed staff to review this ordinance, a questionnaire, being sent out by Don McNeilly, Chamber of Commerce, asking merchants for their comments on the present Sign Ordinance and their concerns, would be. received within the next month. Commissioner Kryder asked what staff felt were the areas of difficulties. Mr. Diaz replied that some comments have been made that the sign ordinance is too restrictive. Commissioner Kryder felt there were enforcement inequities and over regulation of colors by the Design Review Board. Commissioner Richards ' main concerns were sign visibility and proper identi- fication. Mr. Diaz explained that the people can appeal any decisions made by the Design Review Board. He also stated that staff had not received any concerns from the community. After further discussion it was agreed that a joint meeting wi.th .Design Review Board and Planning Commission might be appropriate and a public hearing would be set in the future. XI. ORAL COMMUNICATIONS - NONE _J CITY OF PALM DESERT STAFF REPORT To: Planning Commission Report on: Zoning Ordinance Amendment, regarding Model Home Complexes. Case No: ZOA 03-81 Date: March 18, 1981 I. REQUEST: Consideration of an amendment to the Palm Desert Zoning Ordinance establishing Chapter 25.65, "1140DEL HONE MARKETING COMPLEXES", regulating model home complexes. II. BACKGROUND: A. ENVIRONMENTAL ASSESSMENT: The Director of Environmental Services has determined that the proposed amendment will not have a significant adverse impact on the environment and a Negative Declaration has been prepared. B. CASE INITIATION: The Planning Commission at the meeting of February 3, 1981 , initiated this amendment by establishing this date for public hearing. III . DISCUSSION: This Ordinance amendment, is proposed to take the place of the presently required Temporary Use Permit for model home real estate tract sales offices. Temporary sales office, would remain a temporary use. The amend- ment further specifies and adds new filing requirements, approval procedures and filing fees. The Planning Commission will be the approving body for the model home complexes, as opposed to the Zoning Administrator who now approves Temporary Use Permits for model homes. The attached Resolution spells out the new Ordinance in its entirety. IV. STAFF RECOMMENDATION: Based upon the findings and justification contained in draft Resolution: Recommend approval to the City Council of an amendment to the Municipal Code, adding Section 25.65, pertaining to Model Home Marketing Complexes, by adoption of Planning Commission Resolution No. PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO THE ZONING ORDINANCE TEXT, ADDING A NEW SECTION PERTAINING TO MODEL HOME MARKETING COMPLEXES. CASE NO. ZOA 03-81 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of March, 1981 , hold a duly noticed Public Hearing to consider amendment of Municipal Code, adding a new section pertaining to MODEL HOME MARKET- ING COMPLEXES; and, WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89" , in that the Director of Environmental Services has determined that the project will not have a significant adverse impact on the environment and a Negative Declaration has been prepared; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to recommend approval of a Zoning Ordinance Text Amendment: 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. 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, as follows: 1 . That the above recitations are true and correct and constitute the considerations of the Commission in this case; 2. That it does hereby recommend a Zoning Ordinance Text Amend- ment, as provided in the attached exhibit, labeled Exhibit "A" adding Municipal Code Section 25.65, titled "Model Home Market- ing Complexes" . 3. That said Negative Declaration is hereby recommended to the City Council for approval . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18th day of March, 1981 , by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CHARLES MILLER, Chairman ATTEST: RAMON A. DIAZ, Secretary /pa PLANNING COMMISSION RESL-,TION NO. Page Two EXHIBIT "A" CHAPTER 25.65 MODEL HOME MARKETING COMPLEXES Sections: 25.65.010 Model Home Marketing Complex defined 25.65.020 Authority to construct 25.65.030 Preliminary requirements 25.61*040 Approval of plot plans 25.65.050 Public Work facilities 25.65.060 Building permits 25.65.070 Planned development areas 25.65.080 Occupancy 25.65.090 Fees 25.65.010 MODEL HOME MARKETING COMPLEX DEFINED. As used in this Part, a model home marketing complex means a sales complex consisting of not more than ten (10) models, a sales office, a design center, a children's play area, other similar structures and uses, and off-street parking designed and used only for the marketing of dwellings or lots within a subdivision or within a planned residential development. 25.65.020 AUTHORITY TO CONSTRUCT. Notwithstanding any other provisions of this Chapter, after a final subdivision map has been recorded, a model home marketing complex may be constructed within the area covered by the subdivision map if all of the conditions of this Chapter are complied with. 25.65.030 PRELIMINARY REQUIREMENTS. The owner or developer of land within a subdivision who desires to construct ' a model home marketing complex therein shall file seven (7) copies of the following with the Environmental Services •Director: a) The model home marketing complex site plan (which must be a typical representation of the proposed development) , including plot plans showing the proposed location and elevation of all models as approved by the Design Review Board, and of all other structures proposed to be built, the location of roads, walks, parking areas and other improvements within the complex and landscaping plans. b) An "Agreement and Consent to Judgement" signed and acknowledged by both the owner and the. developer guaranteeing that all land and improvements constructed as part of the model home complex shall conform to the final subdivision map, zoning and improve- ment plans, and guaranteeing that if the construction of the production units has not begun within the time limits prescribed by the approved Development Plan or Subdivision Map, all of the improvements shall be removed at the sole cost of the owner and/or developer thereof and .the land restored to its former condition. The form of the agreement shall be approved by the City Attorney. c) The legal description of the area including each individual ' lot within the subdivision upon which the model home marketing complex is to be constructed. 25.65.040 APPROVAL OF PLOT PLANS. a) After the Environmental Services Director has reviewed the plot plans, he shall transmit the same to the Planning Commission together with his recommendations. The Planning Commission may either approve, amend or disapprove the plot plans. b) Any applicant dissatisfied with the action of the Planning Commission may appeal to the City Council in the manner and within the time specified in Chapter 25.86. The City Council shall review the action of the Planning Commission and after hearing the applicant and any other interested persons may PLANNING COMMISSION RESG-oTION NO. Page Three either approve, amend or disapprove the plot plans. The action of the City Council shall be final and conclusive. 25.65.050 PUBLIC WORKS FACILITIES. Plans and specifications shall be submitted to the Director of Public Works for the construction of necessary streets, curb, gutters and paving to serve the Model Home Complex and necessary utilities, sewers and storm drains shall be constructed. Plans and specifications shall be approved by the Public Works Director prior to issuance of building permits. Final street construction may be deferred until such time as the Model Home Complex is no longer in use provided a bond, in an amount approved by the Public Works Director, guaranteeing final street cons- truction, is posted. 25.65.060 BUILDING PERMITS. After the plot plans have been approved by the Planning Commission or City Council , and all necessary public improvement plans called for in Section 25.65.050 have been approved by the Director of Public Works, the owner or developer may apply to the Building Official for the necessary permits required for the construction of the model home complex in accordance with the approved plot plans. All plans, specifications and certificates required for compliance with the Building Code, together with the payment of the prescribed fees, shall be required. 25.65.070 PLANNED DEVELOPMENT AREAS. A model home marketing complex may be constructed in a Planned Residential Development for which no tentative subdivision map is required if the owner or developer complies with all of the conditions of this Chapter, with the following exceptions: a) Reference to the approved tentative subdivision map shall mean the approved development plan for the Planned Residential Development. b) Reference to the removal of improvements if a final subdivision ' map is not started shall refer to a notice to remove improvements issued by the Environmental Services Director of the City for non- compliance with master plan requirements or with development plan requirements. Removal of improvements may be required within (12) months of the date of the approval of the development plan unless an extension of time is approved by the Planning Commission. 25.65.080 OCCUPANCY. No residential occupancy shall be permitted in any dwelling unit constructed as a part of a model home marketing complex until the Environmental Services Director and Public Works Director have certified that all of the requirements of this Chapter which are applicable to the unit have been met, and the Building and Safety Director has finally certified that all Building Code requirements have been met. 25.65.090 FEES. A fee of fifty dollars is required for the application and review of the plot plans fora model home complex. Building permit and Engineering fees required by other provisions of this Code shall be paid. s CASE NO.$I- D a CU:zu- <z !DMnz r11Z Environmental Assessment Form TO THE APPLICANT: Your cooperation in completing this form and supplying the information requested will expedite City review of your application pursuant to the California Environmental Quality Act. The City is required to make an environmental assessment on all projects which it exercises discretionary approval over. Applications submitted will not be considered complete until all information necessary to make the environmental assessment is complete. GENERAL INFORMATION: 1 . Name, address, and telephone number of owner, applicant or project sponsor: Cl Or �QAL-M DiMRSAtl 2. Name, address and telephone number of person to be contacted con- cerning the project (such as architect, engineer, or other repre- sentative) : 3. Common name of project (if any) : ZOMIIL)ro QZDWkWC5 4. Project location (street address or general location) : 0551 D'E,ff I A,L ZO t-ZV5 5. Precise legal description of property (lot and tract number, or meets & bounds) : 6. Proposed use of the site (project for which the form is filed; describe the total undertaking, not just the current application approval being sought) : 7. Relationship to a larger project or series of projects (describe how this project relates to other activities, phases, and develop- ments planned, or now underway) : 8. List and describe any other related permits and other public approvals required for this project, to go forward, including those required by the City, Regional , State and Federal agencies (indicate sub- sequent approval agency name, and type of approval required) : EXISTING CONDITIONS: 9. Project site area: Size of property in sq. ft. or acreage) A 10. Presen zoning: (Proposed zoning) : 11 . General an land use designation: 12. Existing us of the project site: 13. Existing use o adjacent properties : (Example - North, Shopping Center; South, Single Fa ily Dwellings; East, Vacant, etc. ). 14. Site topography (describe): 15. Are there any natural or manmade dr 'nage channels through or adjacent to the property? NO YES 16. Grading (estimate number of cubic yards f dirt being moved) : 17. List the number, size and type of trees being moved: 18. Describe any cultural , historic, or scenic aspects \Ot he project site: 19. Residential Project (if not residential do NOT answer) A. Number nd type of dwelling units (Specify no. of bedrooms) : B. Schedule of u it sizes: C. Number of storieVsizexpected Height feet. D. Largest single b . ft. ) (hgt. ) E. Type of househol (population projection for the project) : F. Describe the number and ty e of recreational facilities : G. Is there any night lighting of e project: H. Range of sales prices or rents : $ to $ I . Percent of total project devoted to: Building . . . . . . . . . . . . . . . . . % Paving, including streets. . . . . . . % Landscaping, Open, Recreation Area . . . . % 20. Commercial , Industrial , Institutional or Other Project: A. Type of use(s) and major function(s) (if offices, specify type & umber): B. Number of squ re feet in total building area: C. Number of stories Height feet. D. Largest single buil ing (Sq. Ft. ) (Hgt. ) E. Number of square feet in outdoor storage, area: F. Total number of require parking spaces , number provided G. Hours of operation: H. Maximum number of clients, atrons , shoppers, etc. , at one time: I . Maximum number of employees at one time: J. If patron seating is involved, tate the number: K. Is there any night lighting of the project: Yes No L. Percent of total project devoted to: Building . . . . . . . . . . . . . . % Paving, including streets. . . . . . % Landscaping and Open Space (Recreation). % Are the following items applicable to the project or its effects: Discuss below all items checked yes (attach additional sheets as necessary). YES NO 21 . Change in existingfeatures of hillsides, or substantial alteration of ground contours. 22. Change in the dust, ash, smoke, fumes or odors in the project vicinity. 23. Subject to or resulting in soil errosion by wind or flooding. 24. Change in ground water quality or quantity, or alteration of existing drainage patterns. 25. Change in existing noise or vibration level in the vicinity. Subject to roadway or airport, noise (has the required acoustical report been submitted?) 26. Involves the use or disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. 27. Involves the use of substantial amounts of fuel or energy. 28. Changes the demand for municipal services (police, fire, sewage, etc. ) 29. Changes the demand for utility services , beyond those presently available or planned in the near future. 30. Significantly affects any unique or natural features, including mature trees. 31 . Change in scenic views or vistas from existing residential areas or public land or public roads. �. 32. Results in the dislocation of people. V YES NO 33. Generates controversy based on aesthetics or other features of the project. [ ] Additional explanation of "yes" answers attached. CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation, to the best of V ability, and that the facts, statements and information presented are true and correct to the best of my knowledge and belief. s �TNJ 12). �3W,& C rN( OF 01"W 09700tX Name Print or Type For . lg IAAAu Signature ^`— Date INITIAL STUDY FEE: $30. 00 (Make check payable to the City of Palm Desert and sub- mit with this form. ) PROOF OF PUBLICATION (20109 2015.5 CCP) PROOF OF PUBLICATION OF MODEL HOME MKTG LOA 03-81 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 entitled matter. I am the CITY OF PALM DESERT principal clerk of the printerLEGAL NOTICE INITIATION B NTI�Hr�E�r COM AL of PALM DESERT POSTt a newpaper of �frifiN �� A ZONING general circulations printed ORDINANCE AMEND- MENT RELATIVE . TO and published daily In the MODEL HOME MARKET- ING COMPLEXES FOR city of Riversides County Of LARATION NEGATIVE BEEEN PREPARED 1^ Riversides and which newspaper CASE NO. ADIi has been adjudged a newspaper of NOTICE IS H 1 .1G� EEN that a Publi ria9 w II general circulation b the be held before Polm De- y sort Plannlnpp C, Issionato Superior Court of the County of consider an lnitl by THE PALM DESERT TANNING Riverside, State of Califorhiat COMMISSION } mAmeHd- ment to MunitlD �cboo- under date of October 59 19649 of 2s.6d and the uoo,me of chanter 25.G5 r tllhr dhe Case number 83658, that the regulation of model home marketing can} loxes for notices of which the annexed is WhlCho Negativ OxloratkX1 has beClt Dreppr - a printed copy, has been published SAIDPubIicH rnpwufbe held on Wedoesdby,March 48, In each reqular and entire issue W81,at 1:og am nthe Coyn- cif chombe i rs n The Palm yt of said newspaper and not in an sort city Han s P Pear Lane,oll 4 De Desert,, 41i- Ckiv y supplement thereof on the following fornia, of which time pod place all Interested persons datest to—wit: are invited to attend and be heard. RAMON A. DIAZ Secretary 1 03I5 9981 Palm Desert Plannina Co(n- mission PDP'3/5 I Certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated March 59 1981 at Riverside, California CITY OF PALM DESSERT }III � _J 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 February 26, 1981 CITY OF PALM DESERT LEGAL NOTICE INITIATION BY THE PALM DESERT PLANNING COMMISSION OF A ZONING ORDINANCE AMENDMENT RELATIVE TO MODEL HOME MARKET- ING COMPLEXES FOR WHICH A NEGATIVE DECLARATION HAS BEEN PREPARED CASE NO. ZOA 03-81 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider an initiation by THE PALM DESERT PLANNING COMMISSION for an Amendment to Municipal Code, Chapter 25.64 and the establishment of Chapter 25.65 regarding the regulation of model home marketing complexes for which a Negative Declaration has been prepared. SAID Public Hearing will be held on Wednesday, March 18, 1981, at 1:00 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 persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post March 5, 1981 MINUTES PALM DESERT PLANNING COMMISSION MEETING FEBRUARY 3, 1981 Page Two * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. PUBLIC HEARINGS (cont. ) B. Case No. GPA 01-80 - CITY OF PALM DESERT, Applicant A request for consideration of the General Plan Update and Environmental Impact Reports. Mr. Diaz presented this case indicating that staff had been working on this case for a long time and that previous Public Hearings were held. He stated that a summary of the General Plan Update was provided to the Commission and reviewed the staff report which included responses to comments made from the public. He described the proposed changes to the General Plan Update and explained the pro- cedures once this was approved. Staff recommended approval to the City Council of certification of the EIR and adoption of the General Plan Update. Commissioner Berkey asked about the use of zone overlays with would allow high densities for affordable housing. Mr. Diaz informed him that any area would qualify for high density, but preferrably areas with large acreage and a small number of owners would be more practical. Vice Chairman Kryder opened the Public Hearing and asked if anyone wished to comment. There being none, the Public Hearing was closed. Motion was made by Commissioner Richards, seconded by Commissioner Berkey, to recommend approval to the City Council of certification of the Environmental Impact Reports by adoption of Planning Commission Resolution No. 680; and, adoption of the General Plan Update by adoption of Planning Commission Resolution No. 681. Carried unanimously (4-0) . C. Case No. ZOA 01-81 - CITY OF PALM DESERT, Applicant A request for an amendment to Municipal Code, Chapter 25.66 regarding the regulation of Home Occupations. Mr. Diaz explained the proposed amendments to the Home Occupations section and stated why these changes were necessary. He noted a revision to Exhibit "A" section M, should read: "No more than 400 sq.ft. of the dwelling area shall be employed for the home occupation". Vice Chairman Kryder opened the Public Hearing and asked if anyone wished to speak in FAVOR or OPPOSITION to this case. There being none, the Public Hearing was closed. Motion was made by Commissioner Berkey, seconded by Commissioner Richards, to recommend approval of this amendment to the City Council by adoption of Planning Commission Resolution No. 682. Carried unanimously (4-0). VII. OLD BUSINESS - NONE VIII. NEW BUSINESS A. Proposed Amendments to Zoning Ordinances - Temporary Uses and Model Home Complex. Mr. Diaz stated that staff was attempting to amend the Temporary Use Permits section for further clarification to provide a method to repeal a TUP and a method of appealing the decision of the Zoning Administrator. He stated that establishing a new Model Home Complex section would also further clarify this section in terms of adequate parking, garage conversion, etc. He asked for minute action to initiate public hearings for the code changes. Vice Chairman Kryder asked if design centers would be included in the Model Homes section. Mr. Diaz replied that it does. Commissioner Richards asked if it determined what would be done to the complexes afterwards. Mr. Diaz replied it did and they would require applicants to bond to insure that they will be returned to a residential use. Minute motion was made by Commissioner Richards, seconded by Commissioner McLachlan, to direct staff to proceed with amendment procedures. Carried unanimously (4-0) .4 INTEROFFICE MEMORANDUM City of Palm Desert TO: PLANNING COMMISSION FROM: DIRECTOR OF ENVIRONMENTAL SERVICES SUBJECT: PROPOSED AMENDMENTS TO ZONING ORDINANCE DATE: JANUARY 14, 1980 TEMPORARY USES AND MODEL HOME COMPLEX Recent examination of the temporary use permit portion of the City's Zoning Ordinance has disclosed certain problems or shortcomings. 1. The purpose section is not clear and does not really address the types of uses that have been approved or are permitted under this section. 2. While the time limits under the present regulations are clear, the number of times each event may be held are not regulated. 3. Model homes should come under different provisions, therefore, a new ordinance is proposed. 4. Additional clarification of the types of uses permitted should be placed in the ordinance. 5. A method of revocation and appeal of the Zoning Administrator's decision should also be placed in the ordinance. RECOMMENDATION: It is recommended by Staff that the Planning Commission instruct the Staff to begin the process to enact these proposed amendments to the ordinance. M A. DIAZ DIR CTOR OF ENVIRONMENT SERVICES /lr 3• CHAPTER 25.70 MODEL HOME MARKETING COMPLEXES 25.70 MODEL HOME MARKETING COMPLEX DEFINED. As used in this Part, a model home marketing complex means a sales complex consisting of not more than ten (10) models, a sales office, a children 's play area, landscaping and off-street parking designed and used only for the marketing of dwellings or lots within a subdivision or within a planned residential development District. 25. 70.010 AUTHORITY TO CONSTRUCT. Notwithstanding any other provisions of this Chapter, after a tenta- tive subdivision map has been approved, a model home marketing complex may be constructed within the area covered by the tentative subdivision map if all of the conditions of this Chapter are complied with. 25.70.020 PRELIMINARY REQUIREMENTS. The owner or developer of land within a subdivision who desires to construct a model home marketing complex therein shall file seven (7) copies of the following with the Environmental Services Director: a) The model home marketing complex site plan (which must be a typical representation of the proposed development) , includ- ing plot plans showing the proposed location and elevation of all models as approved by the Design Review Board, and of all other structures proposed to be built, the location of roads, walks , parking areas and other improvements with- in the complex and landscaping plans. b) An "Agreement and Consent to Judgement" signed and acknow- ledged by both the owner and the developer guaranteeing that all land and improvements constructed as part of the model home complex shall conform to the final subdivision map., zoning and improvement plans, or guaranteeing that if the final subdivision map is not recorded within eighteen (18) months from the date of the agreement or any authorized extension thereof, all of the improvements shall be removed at the sole cost of the owner thereof and the land restored to its former condition. The form of the agreement shall be approved by the City Attorney before it is filed. c) The legal description of the area including each individual lot within the subdivision upon which the model home market- ing complex is to be constructed. 25.70.030 -APPROVAL OF PLOT PLANS. a) After the Environmental Services Director has reviewed the plot plans, he shall transmit the same to the Planning Commission together with his recommendations. The Planning Commission may, by resolution, either approve, amend or disapprove the plot plans. b) Any applicant dissatisfied with the action of the Planning Commission may appeal to the City Council in the manner and within the time specified in Chapter 25.86. The City Council shall review the action of the Planning Commission and after hearing the applicant and any other interested persons may by resolution, either approve, amend or disapprove the plot s• CHAPTER 25.70 PAGE TWO 25.70.030 APPROVAL OF PLOT PLANS (CONTINUED) . plans. The action of the City Council shall be final and conclusive. 25.70.040 PUBLIC WORKS FACILITIES. Plans and specifications shall be submitted to the Director of Public Works for the construction of necessary streets, curb, gutters and pav- ing to serve the Model Home Complex and necessary utilities, sewers and storm drains shall be constructed. Plans and specifications shall be approved by the Public Works Director prior to issuance of building permits. Final street construction may be deferred until such time as the Model Home Complex is no longer in use provided a bond, in an amount approved by the Public Works Director, guaranteeing final street construction, is posted. 25.70.050 BUILDING PERMITS. After the plot plans have been approved by the Planning Commission or City Council , and all necessary public improvement plans called for in Section 25.070.040 have been approved by the Director of Public Works, the owner or developer may apply to the Building Official for the necessary permits required for the construction of the model home complex in accordance with the approved plot plans. All plans, specifications and certificates required for compliance with the Building Code, together with the payment of the prescribed fees, shall be required. 25.70.060 PLANNED DEVELOPMENT AREAS. A model home marketing complex may be constructed in a Planned Residential District for which no tentative subdivision map is required if the owner or developer complies with all of the conditions of this Chapter, with the following exceptions: a) Reference to the approved tentative subdivision map shall mean the approved development plan for the Planned Residential Development. b) Reference to the removal of improvements if a final subdivision map is not recorded shall refer to a notice to remove improve- ments issued by the Environmental Services Director of the City for non-compliance with master plan requirements or with develop- ment plan requirements. Removal of improvements may be required within eighteen (18) months of the date of the approval of the development plan unless an extension of time is approved by the Planning Commission. 25.70.070 OCCUPANCY. No residential occupancy shall be permitted in any dwelling unit constructed as a part of a model home marketing complex until the Environmental Services Director and Public Works Director have certified that all of the require- ments of this Chapter which are applicable to the unit have been met, and the Building and Safety Director has finally certified that all Building Code require- ments have been met. 25. 70.080 FEES. A fee as specified in Section 26-202 is required for the application and review of the plot plans for a model home complex. Building permit and Engineer- ing fees required by other provisions of this Code shall be paid.