HomeMy WebLinkAboutZOA 04-82 NONCORFMING USES 1982 ORDINANCE NO: 309
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AMENDING THE
MUNICIPAL CODE SECTION 25.76.
CASE NO. ZOA 04-82
WHEREAS, the City Council of the City of Palm Desert, California, did on the
15th, day of July 15, 1982, hold a duly noticed public hearing, to consider amending the
Municipal Code Section 25.76.
WHEREAS, the Planning Commission, by Resolution No. 804, has
recommended approval; and,
WHEREAS, said application has complied with 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 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 persons desiring to be heard, said City Council did find the
following facts and reasons to exist to approve the amendments to Section 25.76.
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 City Council of the City of
Palm Desert, as follows:
1. That the above recitations are true and correct and constitute
the considerations of the council in this case.
2. That the City Council does hereby approve the zoning ordinance
text amendment to rescind the present Zoning Ordinance Chapter
25.76 - Nonconforming Lots, Buildings, Uses and Land and replace
same with Exhibit "A" attached hereto.
3. The city clerk is directed to publish this ordinance once in the
Palm Desert Post, a newspaper of general circulation, published
and circulated in the City of Palm Desert, and shall certify to
the passage of adoption of.this ordinance, and the same shall be
in full force and effect thirty (30) days after its adoption.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 15th day of July, 1982, by the following vote to wit:
-AYES: McPherson, Newbrander, Puluqi, Snyder, Wilson
NOES: None
ABSENT: None
n
ABSTAIN: None
i
.-ROY. ILSON, May
•�J
FITTEST:
SHEILA R. GILLIC-7�\, City Clerk
City of Palm Desert, California ..
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ORDINANCE NO.309
EXHIBIT "A"
CHAPTER 25.76
NONCONFORMING LOTS, BUILDINGS AND USES
SECTIONS:
25.76.010 Purpose.
25.76.020 Nonconforming lots, buildings & uses in
residential zones.
25.76.030 Nonconforming lots, buildings and uses,
in nonresidential zones.
25.76.040 Reconstruction of nonconforming building
partially destroyed.
25.76.050 Nonconforming uses and nonconforming buildings.
25.76.060 Outdoor storage in nonresidential zones.
25.76.070 Public acquisition.
25.76.090 Notice of hearing: appeal.
25.76.010 - Purpose. Where lots, buildings or uses legally existing on December 11,
1975, are not in conformity with the provisions of this title, it is the intent and purpose of
this chapter to declare such lots, buildings, uses and land to be nonconforming, for the
purpose of protecting the public health, safety and general welfare. (Ord. 99 §1(part),
1975: Exhibit A §25.40).
25.76.020 - Nonconforming lots, buildings and uses in residential zones. A. All
nonconforming uses within any single family residential zone shall be terminated or made
to conform within five years. The five year period shall be measured from December 11,
1975, the date of original adoption of the city's zoning ordinance, or from the date such
use became nonconforming, whichever came later.
B. A nonconforming building within a residential zone shall be permitted to expand
providing the expanded area conforms to this chapter.
C. A nonconforming lot may be developed, if it has been legally created and the
construction proposed is conforming.
26.76.030 - Nonconforming lots, buildings and uses in nonresidential zones.
A. Nonconforming use limits other uses. While a nonconforming residential use
exists on any lot, no new use may be established thereon, even though such new use would
be a conforming use.
B. Nonconforming use of conforming building. The nonconforming use of a building
existing on December 11, 1975, may be continued; provided such nonconforming use shall
not be expanded or extended into any other portion of the conforming building, and if such
nonconforming use is discontinued, and future use of such building shall conform to the
provisions of this chapter.
C. Nonconforming use of a nonconforming building. The nonconforming use of a
nonconforming building may be continued but may not be expanded or extended within
such building.
D. Change in status of nonconforming use. If a nonconforming use is discontinued
for a period of six months or is succeeded by another and conforming use, it is evidence
that the nonconforming use has ended and any vested right to the continuance of such use
is terminated.
E. Nonconforming buildings. A nonconforming building may be expanded provided
the expansion conforms to the requirements of this chapter.
26.76.040 - Reconstruction of nonconforming building partially destroyed. A
nonconforming building which is destroyed to the extent of not more than fifty percent of
its reasonable replacement value at the time of its destruction may be restored and the
occupancy or use of such building or part thereof which existed at the time of such partial
destruction may be continued subject to all other provisions of this part.
26.76.050 - Nonconforming uses and nonconforming buildings. Resulting from
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ORDINANCE NO.309
reclassification - the foregoing provisions of this part shall apply to buildings, land and
uses which hereafter become nonconforming due to any reclassification of zones under
this chapter.
26.76.060 Outdoor storage in nonresidential zones. Notwithstanding any other
provision of this zoning ordinance, the outdoor storage of materials and goods associated
with a lawful use carried on within a building shall be permitted, provided that said
outdoor storage is effectively screened from view by a wall, fence or landscaping buffer.
26.76.070 - Public acquisition. Whenever any lot, any building, any structure, or .
any use is rendered nonconforming within the meaning hereof solely by:
A. Dedication to, or purchase by, the city for any public purpose; or,
B. Eminent domain proceedings.
Which result in the acquisition by the city of a portion of such property, the same
shall not be deemed nonconforming within the meaning of this article. Provided however
that if subsequent to such acquisition , the buildings and/or structures located upon such
lot are wholly destroyed, no reconstruction shall take place unless compliance is had with
all applicable provisions of this chapter. In the event, however, subsequent to such
acquisition, the buildings and/or structures located upon such lot are destroyed to the
extent of not more than fifty percent of their reasonable replacement value, at the time
of their destruction, the provisions of Section 26.76.040 of this chapter shall apply to any
reconstruction of said buildings and/or structures.
26-76.080 - Notice and hearing Appeal. A. Notice of nonconformity. The owner or
occupant of property that is determined to be a nonconforming lot, building or use under
Chapter 25.76, shall receive a notice, in writing, of that determination. The notice shall
state the grounds for the decision and shall require the nonconforming lot, building, use or
land to be abated within a time determined by the city staff to be reasonable. The letter
shall advise that if the nonconforming lot, building or use is not abated within the time
specified, the abatement work will be completed by the city and the costs thereof will be
charged against the property or its owner. The notice shall furthermore provide that any
person having any record title or legal interest in the building or lot, may request a
hearing, provided the request is made in writing, as provided in this code, below, and filed
with the city within thirty (30) days from the date of service of such notice. The notice
shall finally provide that failure to request a hearing will constitute a waiver of all right
to an administrative hearing and determination of the matter.
B. Service of notice of nonconformity. The notice and order, and any amended or
supplemental notice and order shall be served upon the record owner, and posted on the
property. One copy thereof shall be served on each of the following persons, if known to
the city or disclosed from public records:
record. 1. The holder of any mortgage or deed of trust or other lien or encumbrance of
2. The owner or holder of any lease of record;
3. The holder of any other estate or legal interest of record in or to the
building, or the land on which it is located. The failure of the city to serve any person
required herein to be served, shall not invalidate any proceedings hereunder as to any
other person duly served or relieve any such person from any duty or obligation imposed
on him by the provisions of this section.
C. Method of service; effective date of service. Service of the notice shall be made
upon all persons entitled thereto, either personally, or by mailing a copy of such notice
and order by certified mail, postage pre-paid, return receipt requested, to each such
person at this address as it appears on the last equalized assessment role of the county or
as known to the city. If no address of any such person so appears, or is known to the city,
then a copy of the notice shall be so mailed, addressed to such person at the address of
the lot or building involved in the proceedings. The failure of any such person
to receive such notice shall not affect the validity of any proceedings taken under this
section. Service by certified mail in the manner herein provided shall be effective on the
date of mailing.
D. Proof of service. Proof of service of the notice shall be certified to at the time
of service by written declaration, under penalty of perjury executed by the persons
effecting such service, declaring the time, date and manner in which service was made.
ORDINANCE NO.309
The declaration, together with any receipt card returned and acknowledgment of receipt
by certified mail shall be affixed to the copy of the notice and retained by the city staff.
E. Request for hearing. Any person entitled to notice under 25.76.070(B) above,
may within 30-days of receipt of said notice, request a hearing. The request for hearing
shall be in writing, and shall contain the following information:
1. A brief statement setting forth the legal interest of each of the persons
requesting the hearing in the building, land, or lot involved.
2. A brief statement in ordinary and concise language, of the specific city
action protested, together with any material facts claimed to support the contentions of
the persons requesting the hearing.
3. A brief statement, in ordinary and concise language, of the relief sought,
and the reasons why it is claimed the protested city action should be reversed, modified or
otherwise set aside.
4. The signatures of all parties requesting the hearing, and their official
mailing addresses.
5. The verification, by declaration under penalty of perjury, of at least one
person who. is requesting the hearing, as to the truth of the matters stated in the request
for hearing.
F. Abatement hearing board established. In order to provide for final interpretation
of the provisions of this chapter, and to conduct hearings provided for below, there is
hereby established an abatement hearing board, hereinafter referred to as the 'BOARD",
consisting of three (3) members. One such member shall be a member of the City Council.
A second member shall be a member of the planning commission. A third member shall
not be an employee of the city. The director of environmental services shall be an ex-
officio member of, and shall act as secretary to the board. The board shall be appointed
by the City Council and shall hold office at its pleasure. The board shall adopt reasonable
rules and regulations for conducting its business, and shall render all decisions and
findings, in writing, to the person requesting a hearing, with a copy to the director of
environmental services. Copies of all rules and regulations adopted by the board shall be
delivered to the director of environmental services, who shall make them freely
accessible to the public.
G. Notice of hearing; form. As soon as practicable, after receiving the written
request for hearing, the board shall fix a date, time, and place for the hearing by the
board. Such date shall be not less than ten (10) days, nor more than sixty (60) days from
the date the request for hearing was filed. Written notice of the time and place of the
hearing shall be given at least ten (10) days prior to the date of the hearing, to each
person requesting a hearing by the secretary of the board, either by causing a copy of such
notice to be delivered to the persons requesting the hearing personally, or by mailing a
copy thereof, postage pre-paid, addressed to the person requesting the hearing at his
address shown on the request for a hearing. The notice to the person requesting the
hearing shall be substantially in the following form, but may include other information:
"You are hereby notified that a hearing will be held before the abatement hearing
board at on the day of , at the hour of ,
upon the notice served upon you. You may be present at the hearing. You may be, but
need not be, represented by counsel. You may present any relevant evidence and will be
given full opportunity to cross-examine all witnesses testifying against you. You may
request the issuance of subpoenas to compel the attendance of witnesses, and the
production of books, documents or other things by filing an affidavit therefore with the
abatement hearing board".
H. Hearing procedures. The following procedures shall apply to the conduct of the
hearing:
1. The hearing shall take place before the three members of the abatement
hearing board, who shall act as hearing examiners to conduct the hearings.
2. A record of the entire proceeding shall be made by tape recording, or by any
other means of permanent recording, determined to be appropriate by the board.
3. The proceedings at the hearing shall also be reported by a stenographic
reporter, if requested by any party thereto. A transcript of the proceedings shall be made
available to all parties, upon request and upon payment of the fee prescribed therefor.
Such fees may be established by the board, but shall, in no event, be greater than the cost
involved.
ORDINANCE NO.309
4. The board may grant continuances for good cause shown.
5. In any proceedings under this chapter, the board, or any board member, has
the power to administer oaths and affirmations and to certify to official acts.
6. The board and its representatives shall proceed with reasonable dispatch to
conclude any matter before it. Due regard shall be shown for the convenience and
necessity of any parties or their representatives.
7. The board may obtain the issuance and service of a subpoena for the
attendance of witnesses, or the production of other evidence at a hearing upon the request j
of a member of the board, or upon the filing of an affidavit therefore, which states the
name and address of the proposed witness; specifies the exact things sought to be
produced and the materiality thereof in detail to the issues involved; and states that the
witness has the desired things in his possession or under his control. The subpoena need not
be issued, when the affidavit is defective in any particular.
8. Hearings need not be conducted according to the technical rules relating to
evidence and witnesses.
9. Oral evidence shall be taken only on oath or affirmation.
10. Hearsay evidence may be used for the purpose of supplementing or
explaining any direct evidence, but shall not be sufficient, in itself, to support a finding
unless it would be admissible over objection in civil actions in courts of competent
jurisdiction in this state.
11. Any relevant evidence shall be admitted, if it is the type of evidence on
which responsible persons are accustomed to rely in the conduct of serious affairs,
regardless of the existence of any common law or statutory rule, which might make
improper the admission of such evidence over objection in civil actions in courts of
competent jurisdiction in this state.
12. Irrelevant and unduly repetitious evidence shall be excluded.
13. In reaching a decision, official notice may be taken, either before or after
submission of the case for decision, of any fact which may be judicially noticed by the
courts of this state, or of official records of the board or departments and ordinances of
the City of Palm Desert, or rules and regulations of the hearing board.
14. The board, may inspect any buildings or lots, involved in the hearing during -�
the course of the hearing, provided that notice shall be given to the parties before the
inspection is made, the parties are given an opportunity to be present during the
inspection, and the board shall state for the record upon completion of the inspection, the
material facts observed and the conclusions drawn therefrom. Each party then shall have
a right to rebut or explain the matters so stated by the board.
15. The hearing shall be open to the public.
16. The city shall have the burden of proof, and shall first present its evidence.
The party requesing the hearing may then cross-examine the witnesses presented on
behalf of the city. The person requesting the hearing may then present evidence. The city
may then cross-examine the witnesses presented on behalf of person requesting the
hearing.
17. Upon receipt of all the evidence the board shall then retire to deliberate
and shall render a decision not less than five (5) days after the date of the hearing. The
city has the burden of persuasion by a preponderance of the evidence; which burden shall
be taken into consideration by the board in rendering its decision.
18. The decision of the board shall be in writing and shall contain findings of
fact, a determination of the issues presented, and shall also contain the requirements to
be complied with by the person requesting the hearing. A copy of the decision shall be
delivered to the person reequesting the hearing, personally, or sent to him by certified
mail, postage prepaid, return receipt requested. The effective date of the decision shall
be as stated thereon.
I. Rights of parties at the hearing. Each party shall have these rights, at the
hearing:
1. To call and examine witnesses on any matter relevant to the issues of the
hearing.
2. To introduce documentary and physical evidence.
3. To cross-examine opposing witnesses on any matter relevant to the issues of
the hearing.
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ORDINANCE NO.309
4. To impeach any witness, regardless of which party first called him to
testify.
5. To rebut the evidence against him.
6. To represent himself, or to be represented by anyone of his choice, including
an attorney at law, who is lawfully permitted to do so.
I Appeal to City Council. The decision of the board may be appealed to the City
Council within ten (10) days of the date of service of the decision of the board. The
council shall hear the appeal as soon as practicable. The appeal shall not be de novo, and
shall be based only on the hearing transcript, the evidence presented at the hearing, those
matters officially noticed, and the written decision of the board. Any action of the board
shall be stayed pending the outcome of the appeal. The decision of the City Council shall
be final.
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MINUTES
PLANNING COMMISSION MEETING
JUNE 1, 1982
There was additional input in FAVOR:
MS. JEAN KATIWOKA, 54-205 Avenida Martinez, La Quinta, requested approval
for the six months permit.
MR. TIM JOHNSON, 43-100 Portola, noted that areas or facilities for this type of
service are limited.
There was additional input in OPPOSITION:
MS. EVELYN MERRYMAN wanted to point out again that this area was not zoned
properly for a day care center and the church facilities might not be ready in six months.
Chairman Kryder closed the public hearing and asked for further comments from
Commission.
Commissioner Miller felt that there were many parents out of the City area and
they could look into day care centers in other nearby cities. He believed six months was
not enough time for the church to expand a facility, therefore, would not be ready in
time.
Commissioner Richards felt that although he knew this service is greatly needed in
the city, residents who buy property have legal rights.
Commissioner Wood pointed out that five children would be allowed by law and the
City could not change this. He was in favor of granting a six month Conditional Use
Permit.
Chairman Kryder stated that the need for this service unfortunately does not enter
into the decision made. The Conditional Use Permit findings have to be justified in order
to grant approval of this request. In this case, the location will be detrimental to the
public and many neighbors were heard tonight in opposition. Chairman Kryder also felt it
would set a precedent.
Moved by Commissioner Richards, seconded by Commissioner Miller, to waive
further reading and adopt Planning Commission Resolution No. 803, denying CUP 05-82.
Carried 3-1 (with Commissioner Wood voting Nay).
A TEN MINUTE RECESS WAS CALLED AT 8:20 P.M. - THE MEETING RECONVENED AT
8:30 P.M.
/B.J Continued Case No. ZOA 04-92 - CITY OF PALM DESERT, Applicant
Consideration of a Zoning Ordinance Amendment relating
to nonconforming lots, buildings, uses and land.
Mr. Smith gave the staff report on this matter continued from the May 4th
meeting. The matter was continued to enable staff to contact the businesses impacted by
the proposed revisions.
Mr. Smith reported that those businesses that would be required to take some
remedial action (i.e. provide screening, etc) were contacted by letter and that the list of
those businesses notified was contained in the staff report on file in the department.
Chairman Kryder opened the public hearing and asked if anyone wished to speak in
FAVOR or OPPOSITION to this case.
MS. ELEANOR SIEGEL, 74-196 Highway 111, owner of J & E Automotive, asked if
they could sell the business with this new proposed amendment.
Mr. Diaz replied that they would be permitted to sell if the business began
operating within 180 days after sale.
MR. EDMUND BERKELY, 73-195 Hwy 111, owner of Palm Desert Glass, inquired if
the new ordinance would preclude him from enclosing activities in a building presently
done outdoors. Mr. Diaz responded that it would not.
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MINUTES
PLANNING COMMISSION MEETING
JUNE 1, 1982
Chairman Kryder closed the public hearing.
Commissioner Richards expressed his favorable opinion on the matter.
Moved by Commissioner Wood, seconded by Commissioner Richards, to waive
further reading and adopt Planning Commission Resolution No. 804, recommending ZOA
04-82. Carried unanimously 4-0.
C. Case No. ZOA 06-82 - CITY OF PALM DESERT, Applicant
Consideration of a Zoning Ordinance Amendment relating
to Nonconforming Signs.
Mr. Diaz reviewed the proposed Ordinance Amendment explaining that this would
allow present business owners to operate with their nonconforming signs until the transfer
of ownership or alteration of the sign. Staff recommended approval.
Chairman Kryder opened the public hearing and asked if anyone present wished to
speak in FAVOR or OPPOSITION to this case. There being none, the public hearing was
closed.
Commissioner Richards indicated that this would be a step in the right direction
but also felt that it was unfair to those business owners who had complied to the Sign
Ordinance prior to this proposed amendment.
Moved by Commissioner Miller, seconded by Commissioner Wood, to waive further
reading and adopt Planning Commission Resolution No. 805, recommending ZOA 06-82.
Carried 3-0-1 (Commissioner Richards Abstained).
VIll. DESIGN REVIEW BOARD ITEMS:
Preliminary plan approvals by the Design Review Board at its meeting of May 25,
1982, requiring Planning Commission confirmation.
A. Case No. 236 MF - SILVER SPUR ASSOCIATES - Preliminary design
approval for revisions to existing entry to Ironwood Country Club at
Mariposa Drive and Portola Avenue.
B. Case No. 237 MF - McLAIN DEVELOPMENT CO. - Preliminary and final
approval of new building elevations for two unit types within Silver Sand
Racquet Club, at the southeast corner of Country Club Drive and Portola
Avenue.
Staff recommended approval by Minute Motion.
Moved by Commissioner Richards, seconded by Commissioner Wood, to confirm
Design Review Board's approvals by minute motion. Carried unanimously 4-0.
IX. MISCELLANEOUS ITEMS - NONE
X. ORAL COMMUNICATIONS - NONE
XI. COMMENTS
Commissioner Miller stated he would not be attending the next Planning
Commission meeting due to family illness out of state.
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PALM DESERT
TTAL LETTER
:ity Council
REQUEST: Consideration of a zoning ordinance amendment relating to
nonconforming lots, buildings, uses and land.
APPLICANT: City of Palm Desert
CASE NO: ZOA 04-82
DATE: June 24, 1982
CONTENTS:
A. Staff recommendation.
B. Discussion.
C. Draft Ordinance No.
D. Planning Commission minutes involving Case No. ZOA 04-82.
E. Planning Commission Resolution No. 804.
F. Planning Commission staff report dated June 1, 1982.
G. Related maps and/or exhibits.
---------------------------------------------------------------------------------------
A. STAFF RECOMMENDATION:
Waive further reading and pass Ordinance No. , to second reading.
B. DISCUSSION:
The proposed ordinance amendment was initiated at the joint Planning
Commission/City Council meeting of March 16, 1982.
The proposed amendment if adopted, would replace much of the existing code
relating to nonconforming uses. The proposed amendment differentiates between
nonconforming uses in the nonresidential zones versus the residential zones.
The ordinance will have the city move to abate nonconforming uses in any
residential zone immediately. Nonconforming uses in nonresidential zones will be
permitted to remain until the use ceases to operate for a period of 6 months or
more. Nonconforming uses may not be expanded. Outdoor storage in nonresidential
zones will be permitted provided that it is effectively screened from view by a
wall, fence or landscaping buffer. Should a property become nonconforming due to
dedication to or acquisition by the city, then such nonconformity shall not be
deemed nonconforming within the meaning of this article.
Finally, the amendment provides a specific procedure to be followed to abate
nonconforming uses (i.e. noticing procedures, method of service, proof of service,
allowing for a hearing before the Abatement Hearing Board, establishing an
Abatement Hearing Board and hearing procedures).
This amendment was considered by the Planning Commission at a public hearing
held on May 4, 1982, and continued to June 1, 1982. Because no one was present in
favor or opposition at the May 4, 1982, meeting, the commission instructed staff to
notify those businesses most directly affected, that the matter would be discussed
June 1, 1982. Nine businesses were so advised. Two businesses,
J & E Automotive and Palm Desert Glass were present at the June 1, 1982,
meeting and upon hearing an explanation of the ordinance, did not object to it.
The Planning Commission then unanimously adopted its Resolution No. 804,
recommending approval of the proposed amendment related to nonconforming uses
on a 4-0 vote, with Commissioner Crites absent.
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June 4, 1982
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 04-82
NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert
City Council to consider a Zoning Ordinance Amendment relating to nonconforming lots,
buildings, uses and land.
SAID Public Hearing will be held on June 24, 1982, 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 persons are invited to attend and be heard.
SHEILA R. GILLIGAN, City Clerk
PUBLISH: Palm Desert Post City of Palm Desert, California
June 10, 1982
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City of Palm Desert
Staff Report
TO: Planning Commission
DATE: June 1, 1982
CASE NO: ZOA 04-82
PROPOSED AMENDMENT:Consideration of a Zoning Ordinance Amendment relating to
nonconforming uses.
INITIATED BY: City of Palm Desert
1. BACKGROUND:
The attached staff report was presented to Planning Commission at its May 4,
1982, meeting at which time the Commission continued the case and instructed
staff to notify the operators of nonconforming uses of the continued public hearing.
May 17, 1982, a letter (copy attached) was sent to nine operators of nonconforming
uses advising of the Commission's deliberation of this matter and urging those
persons to attend the June 1, 1982, meeting.
11. DISCUSSION:
The staff recommendation contained in the May 4, 1982 report, are still valid.
Nonconforming uses which predate the establishment of the city zoning ordinance
would be permitted to remain. Uses which are nonconforming because of the
existence of outdoor storage will be permitted to remain provided that measures
are undertaken to suitably screen the stored materials. Possible methods of
screening outdoor storage of materials would include any wall or fence designed
and constructed so as to provide an effective visual screen. Installation of
landscaping materials to provide an effective visual screen would also be
acceptable.
III. ENVIRONMENTAL FINDINGS:
The Director of Environmental Services has reviewed the project and determined it
to be a Class 5, Categorical Exemption for the purposes of CEQA. No further
documentation is necessary.
IV. STAFF RECOMMENDATION:
That Planning Commission recommend to City Council approval of a zoning
ordinance amendment relating to nonconforming lots, buildings uses and land.
V. ATTACHMENTS:
A. Staff report dated May 4, 1982.
B. Copy of letter sent to nonconforming use operators.
C. Draft ordinance amendment.
Prepared by:
Reviewed and approved
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PLANNING COMMISSION RESOLUTION NO:
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT RECOMMENDING THAT
THE CITY COUNCIL APPROVE AN AMENDMENT TO
THE MUNICIPAL CODE SECTION 25.76.
CASE NO. ZOA 04-82
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 1st, day of June, 1982, hold a duly noticed public hearing to consider amendments to
Section 25.76.
WHEREAS, said amendment complies 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 the project to
be a Class 5 Categorical Exemption;
WHEREAS, at said public hearing upon hearing and considering the testimony and
arguments, if any, of all interested persons desiring to be heard, said Planning Commission
did find the following facts to justify their recommendations 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.
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 findings of
the Commission
2. That the Planning Commission does hereby recommend to the City Council
approval of a Zoning Ordinance Text Amendment to rescind the present
Zoning Ordinance Chapter 25.76 - Nonconforming Lots, Buildings, Uses and
Land and replace same with Exhibit "A" attached hereto.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 1st day of June, 1982, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
GEORGE D. KRYDER ,
CHAIRMAN
ATTEST:
RAMON A. DIAZ, Secretary
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PLANNING COMMISSION RESOLUTION #
EXHIBIT "A"
CHAPTER 25.76
NONCONFORMING LOTS, BUILDINGS AND USES
SECTIONS:
25.76.010 PURPOSE
25.76.020 NONCONFORMING LOTS, BUILDINGS & USES
IN RESIDENTIAL ZONES.
25.76.030 NONCONFORMING LOTS, BUILDINGS AND USES
IN NONRESIDENTIAL ZONES.
25.76.040 RECONSTRUCTION OF NONCONFORMING BUILDING
PARTIALLY DESTROYED.
25.76.050 NONCONFORMING USES AND NONCONFORMING BUILDINGS.
25.76.060 OUTDOOR STORAGE IN NONRESIDENTIAL ZONES
25.76.070 PUBLIC ACQUISITION
25.76.080 NOTICE OF HEARING: APPEAL
25.76.010 - Purpose. Where lots, buildings or uses legally existing on December 11,
1975, are not in conformity with the provisions of this title, it is the intent and purpose of
this chapter to declare such lots, buildings, uses and land to be nonconforming, for the
purpose of protecting the public health, safety and general welfare. (Ord. 99 S1(part),
1975: Exhibit A 525.40).
25.76.020 - Nonconforming Lots, Buildings and Uses in Residential Zones.
A. All nonconforming uses within any single family residential zone shall be
terminated or made to conform within five years. The five year period shall be measured
from December 11, 1975, the date of original adoption of the city's zoning ordinance or
from the date such use became nonconforming, whichever came later.
B. A nonconforming building within a residential zone shall be permitted to expand
providing the expanded area conforms to this chapter.
C. A nonconforming lot may be developed, if it has been legally created and the
construction proposed is conforming.
26.76.030 - Nonconforming Lots, Buildings and Uses in Nonresidential Zones.
A. Nonconforming use limits other uses - While a nonconforming residential use
exists on any lot, no new use may be established thereon, even though such new use would
be a conforming use.
B. Nonconforming use of conforming building - The nonconforming use of a building
existing on December 11, 1975, may be continued; provided such nonconforming use shall
not be expanded or extended into any other portion of the conforming building, and if such
nonconforming use is discontinued, and future use of such building shall conform to the
provisions of this chapter.
C. Nonconforming use of a nonconforming building - The nonconforming use of a
nonconforming building may be continued but may not be expanded or extended within
such building.
D. Change in status of nonconforming use - If a nonconforming use is discontinued
for a period of six months or is succeeded by another and conforming use, it is evidence
that the nonconforming use has ended and any vested right to the continuance of such use
is terminated.
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PLANNING COMMISSION RESOLUTION #
Section 26.76.030 - (CONTINUED)
E. Nonconforming buildings - A nonconforming building may be expanded provided
the expansion conforms to the requirements of this chapter.
26.76.040 - Reconstruction of Nonconforming Building Partially Destroyed. A
nonconforming building which is destroyed to the extent of not more than fifty percent of
its reasonable replacement value at the time of its destruction may be restored and the
occupancy or use of such building or part thereof which existed at the time of such partial
destruction may be continued subject to all other provisions of this part.
26.76.050 - Nonconforming Uses and Nonconforming Buildings. Resulting from
reclassification - the foregoing provisions of this part shall apply to buildings, land and
uses which hereafter become nonconforming Y
due to an reclassification of zones under
this chapter.
26.76.060 Outdoor Storage in Nonresidential Zones. Notwithstanding any other
provision of this zoning ordinance, the outdoor storage of materials and goods associated
with a lawful use carried on within a building shall be permitted, provided that said
outdoor storage is effectively screened from view by a wall, fence or landscaping buffer.
26.76.070 - Public Acquisition. Whenever any lot, any building, any structure, or
any use is rendered nonconforming within the meaning hereof solely by:
1. Dedication to, or purchase by, the City for any public purpose; or,
2. Eminent domain proceedings.
Which result in the acquisition by the city of a portion of such property, the same shall
not be deemed nonconforming within the meaning of this article. Provided however that if
subsequent to such acquisition , the buildings and/or structures located upon such lot are
wholly destroyed, no reconstruction shall take place unless compliance is had with all
applicable provisions of this chapter. In the event, however, subsequent to such
acquisition, the buildings and/or structures located upon such lot are destroyed to the
extent of not more than fifty percent of their reasonable replacement value, at the time
of their destruction, the provisions of Section 26.76.040 of this chapter shall apply to any
reconstruction of said buildings and/or structures.
26.76.080 - Notice and Hearing: Appeal.
A. Notice of Nonconformity - The owner or occupant of property that is
determined to be a nonconforming lot, building or use under Chapter 25.76, shall receive a
notice, in writing, of that determination. The notice shall state the grounds for the
decision, and shall require the nonconforming lot, building, use or land to be abated within
a time determined by the city staff to be reasonable. The letter shall advise that if the
nonconforming lot, building or use is not abated within the time specified, the abatement
work will be completed by the city and the costs thereof will be charged against the
property or its owner. The notice shall furthermore provide that any person having any
record title or legal interest in the building or lot, may request a hearing, provided the
request is made in writing, as provided in this code, below, and filed with the city within
thirty (30) days from the date of service of such notice. The notice shall finally provide
that failure to request a hearing will constitute a waiver of all right to an administrative
hearing and determination of the matter.
B. Service of Notice of Nonconformity - The notice and order, and any amended or
supplemental notice and order shall be served upon the record owner, and posted on the
property. One copy thereof shall be served on each of the following persons, if known to
the city or disclosed from public records-
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PLANNING COMMISSION RESOLUTION $
1. The holder of any mortgage or deed of trust or other lien or encumbrance of
record.
2. The owner or holder of any lease of record;
3. The holder of any other estate or legal interest of record in or to the building, or
the land on which it is located. The failure of the city to serve any person required herein
to be served, shall not invalidate any proceedings hereunder as to any other person duly
served or relieve any such person from any duty or obligation imposed on him by the
provisions of this section.
C. Method of Service; Effective Date of Service - Service of the notice shall be
made upon all persons entitled thereto, either personally, or by mailing a copy of such
notice and order by certified mail, postage pre-paid, return receipt requested, to each
such person at this address as it appears on the last equalized assessment role of the
county or as known to the city. If no address of any such person so appears, or is known to
the city, then a copy of the notice shall be so mailed, addressed to such person at the
address of the lot or building involved in the proceedings. The failure of any such person
to receive such notice shall not affect the validity of any proceedings taken under this
section. Service by certified mail in the manner herein provided shall be effective on the
date of mailing.
D. Proof of Service - Proof of service of the notice shall be certified to at the
time of service by written declaration, under penalty of perjury executed by the persons
effecting such service, declaring the time, date and manner in which service was made.
The declaration, together with any receipt card returned and acknowledgment of receipt
by certified mail shall be affixed to the copy of the notice and retained by the city staff.
E. Request for Hearing - Any person entitled to notice under 25.76.070(B) above,
may within 30-days of receipt of said notice, request a hearing. The request for hearing
shall be in writing, and shall contain the following information:
a. A brief statement setting forth the legal interest of each of the persons
requesting the hearing in the building, land, or lot involved.
b. A brief statement in ordinary and concise language, of the specific city
action protested, together with any material facts claimed to support the contentions of
the persons requesting the hearing.
c. A brief statement, in ordinary and concise language, of the relief sought,
and the reasons why it is claimed the protested city action should be reversed, modified or
otherwise set aside.
d. The signatures of all parties requesting the hearing, and their official
mailing addresses.
e. The verification, by declaration under penalty of perjury, of at least one
person who is requesting the hearing, as to the truth of the matters stated in the request
for hearing.
F. Abatement Hearing Board Established - In order to provide for final
interpretation of the provisions of this chapter, and to conduct hearings provided for
below, there is hereby established an Abatement Hearing Board, hereinafter referred to as
the 'BOARD", consisting of three (3) members. One such member shall be a member of
the City Council. A second member shall be a member of the Planning Commission. A
third member shall not be an employee of the city. The Director of Environmental be
appointed by the City Council and shall hold office at its pleasure. The Board shall adopt
reasonable rules and regulations for conducting its business, and shall render all decisions
and findings, in writing, to the person requesting a hearing, with a copy to the Director of
Environmental Services. Copies of all rules and regulations adopted by the Board shall be
delivered to the Director of Environmental Services, who shall make them freely
accessible to the public.
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PLANNING COMMISSION RESOLUTION #
G. Notice of Hearing; Form - As soon as practicable, after receiving the written
request for hearing, the Board shall fix a date, time, and place for the hearing by the
Board. Such date shall be not less than ten (10) days, nor more than sixty (60) days from
the date the request for hearing was filed. Written notice of the time and place of the
hearing shall be given at least ten (10) days prior to the date of the hearing, to each
person requesting a hearing by the Secretary of the Board, either by causing a copy of
such notice to be delivered to the persons requesting the hearing personally, or by mailing
a copy thereof, postage pre-paid, addressed to the person requesting the hearing at his
address shown on the request for a hearing. The notice to the person requesting the
hearing shall be substantially in the following form, but may include other information:
"You are hereby notified that a hearing will be held before the Abatement Hearing
Board at on the day of , 198 , at the hour of ,
upon the notice served upon you. You may be present at the hearing. You may be, but
need not be, represented by counsel. You may present any relevant evidence and will be
given full opportunity to cross-examine all witnesses testifying against you. You may
request the issuance of subpoenas to compel the attendance of witnesses, and the
production of books, documents or other things by filing an affidavit therefore with the
Abatement Hearing Board".
H. Hearing Procedures - The following procedures shall apply to the conduct of the
hearing:
1. The hearing shall take place before the three members of the Abatement
Hearing Board, who shall act as hearing examiners to conduct the hearings.
2. A record of the entire proceeding shall be made by tape recording, or by
any other means of permanent recording, determined to be appropriate by the Board.
3. The proceedings at the hearing shall also be reported by a stenographic
reporter, if requested by any party thereto. A transcript of the proceedings shall be made
available to all parties, upon request and upon payment of the fee prescribed therefor.
Such fees may be established by the Board, but shall, in no event, be greater than the cost
involved.
4. The Board may grant continuances for good cause shown.
5. In any proceedings under this chapter, the Board, or any Board Member, has
the power to administer oaths and affirmations and to certify to official acts.
6. The Board and its representatives shall proceed with reasonable dispatch to
conclude any matter before it. Due regard shall be shown for the convenience and
necessity of any parties or their representatives.
7. The Board may obtain the issuance and service of a subpoena for the
attendance of witnesses, or the production of other evidence at a hearing upon the request
of a member of the Board, or upon the filing of an affidavit therefore, which states the
name and address of the proposed witness; specifies the exact things sought to be
produced and the materiality thereof in detail to the issues involved; and states that the
witness has the desired things in his possession or under his control. The subpoena need not
be issued, when the affidavit is defective in any particular.
8. Hearings need not be conducted according to the technical rules relating to
evidence and witnesses.
9. Oral evidence shall be taken only on oath or affirmation.
10. Hearsay evidence may be used for the purpose of supplementing or
explaining any direct evidence, but shall not be sufficient, in itself, to support a finding
unless it would be admissible over objection in civil actions in courts of competent
jurisdiction in this state.
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PLANNING COMMISSION RESOLUTION ff
11. Any relevant evidence shall be admitted, if it is the type of evidence on
which responsible persons are accustomed to rely in the conduct of serious affairs,
regardless of the existence of any common law or statutory rule, which might make
improper the admission of such evidence over objection in civil actions in courts of
competent jurisdiction in this state.
12. Irrelevant and unduly repetitious evidence shall be excluded.
13. In reaching a decision, official notice may be taken, either before or after
submission of the case for decision, of any fact which may be judicially noticed by the
courts of this state, or of official records of the Board or Departments and ordinances of
the City of Palm Desert, or rules and regulations of the Hearing Board.
14. The Board, may inspect any buildings or lots, involved in the hearing during
the course of the hearing, provided that notice shall be given to the parties before the
inspection is made, the parties are given an opportunity to be present during the
inspection, and the Board shall state for the record upon completion of the inspection, the
material facts observed and the conclusions drawn therefrom. Each party then shall have
a right to rebut or explain the matters so stated by the Board.
15. The hearing shall be open to the public.
16. The city shall have the burden of proof, and shall first present its evidence.
The party requesing the hearing may then cross-examine the witnesses presented on
behalf of the city. The person requesting the hearing may then present evidence. The city
may then cross-examine the witnesses presented on behalf of person requesting the
hearing.
17. Upon receipt of all the evidence the Board shall then retire to deliberate
and shall render a decision not less than five (5) days after the date of the hearing. The
city has the burden of persuasion by a preponderance of the evidence; which burden shall
be taken into consideration by the Board in rendering its decision.
18. The decision of the Board shall be in writing and shall contain findings of
fact, a determination of the issues presented, and shall also contain the requirements to
be complied with by the person requesting the hearing. A copy of the decision shall be
delivered to the person reequesting the hearing, personally, or sent to him by certified
mail, postage prepaid, return receipt requested. The effective date of the decision shall
be as stated thereon.
I. Rights of Parties at the Hearing - Each party shall have these rights, at the
hearing:
1. To call and examine witnesses on any matter relevant to the issues of the
hearing.
2. To introduce documentary and physical evidence.
3. To cross-examine opposing witnesses on any matter relevant to the issues
of the hearing.
4. To impeach any witness, regardless of which party first called him to
testify.
5. To rebut the evidence against him.
6. To represent himself, or to be represented by anyone of his choice,
including an attorney at law, who is lawfully permitted to do so.
J. A eal to Cit Council - The decision of the Board may be appealed to the
City Council within ten 10 days of the date of service of the decision of the Board. The
Council shall hear the appeal as soon as practicable. The appeal shall not be de novo, and
shall be based only on the hearing transcript, the evidence presented at the hearing, those
matters officially noticed, and the written decision of the Board. Any action of the Board
shall be stayed pending the outcome of the appeal. The decision of the City Council shall
be final.
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.1
45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (714) 346-0611
May 19, 1982
Re: Amendment to Nonconforming Use Section of the City's Zoning Ordinance
Dear Sir or Madam:
The City Council instructed its staff to prepare an amendment to the city's zoning
ordinance permitting existing uses which do not conform to the zoning ordinance to
continue operation.
The present ordinance requires that all uses (i.e. businesses) which do not conform with
the zoning ordinace be discontinued. A specific period of time was allowed before the city-
would proceed to remove these uses. As the end of the grace period approached, staff was
instructed to process an amendment which would permit existing uses which do not
conform to the zoning ordinance to continue to operate.
The Planning Commission desiring additional input from those persons most directly
affected by the proposed amendment, withheld a decision on the matter at its .May 4,
1982, meeting and directed staff to notify the operators of the specific businesses that
the public hearing would be continued to June 1, 1982. Although the proposed amendment,
if adopted, will allow uses which do not conform to the ordinance to continue to operate,
it may require certain improvements to be undertaken to improve the visual appearance
of the building and site.
In closing, you are urged to attend the Planning Commission meeting to be held Tuesday
June 1, 1982, at 7:00 p.m. in the Council Chambers at City Hall in order that your input
can be obtained. Should you have any questions, please do not hesitate to call the
Environmental Services Department.
Yours truly,
STEPHEN R. SMITH
Associate Planner
SRS/pa
City of Palm Desert
Staff Report
TO: Planning Commission
DATE: May 4, 1982
CASE NO: ZOA 04-82
PROPOSED AMENDMENT:Request for consideration of a zoning ordinance amendment
relating to nonconforming lots, buildings, uses and land.
INITIATED BY: City of Palm Desert
I. BACKGROUND:
At the joint Planning Commission - City Council meeting of March 16, 1982, the
matter of nonconforming uses was discussed. Staff advised that the City was now in
a position to proceed with the abatement of nonconforming uses. A list of 17
nonconforming uses existing along Highway III was circulated. In addition other
nonconforming uses located in other areas of the City were delineated.
It was the concensus of those present that the nonconforming use ordinance should
be revised. A.draft of the revised ordinance was attached to the March 16, 1982,
staff report.
Il. DISCUSSION:
The revised ordinance would replace the existing provisions relating to
nonconforming uses. The revised ordinance eliminates nonconforming uses in
residential zones immediately. In commercial areas it permits uses to continue but
prohibits expansion. Should a nonconforming use be terminated for six months or be
succeeded by another use, the vested right is ended. There is also a section dealing
with nonconformity caused by public acquisition.
The City Attorney has prepared a new section to be added to Section 25.76. The
new section provides a specific procedure to be followed for the City to abate
nonconforming lots, buildings, uses and land. The procedure includes the
establishment of an Abatement Hearing Board, noticing requirements and hearing
procedures.
III. OTHER AREAS OF CONCERN:
A. The list of nonconforming uses prepared on March 1, 1982, indicated
some general areas of concern:
a. A problem area involved the storage of supplies associated with
a conforming commercial use. The Municipal Code requires all
commercial activities in a C-1 zone to be conducted wholly within
an enclosed building while commercial uses in a P-C zone are
permitted outdoor storage provided its height does not exceed the
height of actual perimeter screening.
Commission should review this situation and decide whether it wishes
to permit outdoor storage. If outdoor storage is to be permitted, it
should be dealt with on an equitable basis throughout the commercial
districts. Staff would suggest that if outdoor storage is to be
permitted, then suitable screening should be required to eliminate
the view of the items of storage from any street or parking area.
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CASE NO ZOA 04-82
MAY 4, 1982
b. Outside work areas were a problem in 2 of 17 nonconforming situations.
If it is Commission's desire to eliminate outside work areas, then staff
should be instructed to suitably amend the Planning Commission zone
(Chapter 29.30), provisions to require all commercial activities to be
conducted within wholly enclosed buildings as is required in the C-1
zone area.
III. ENVIRONMENTAL FINDINGS:
The Director of Environmental Services has reviewed the project and determined it
to be a Class 5, Categorical Exemption for the purposes of CEQA. No further
documentation is necessary.
IV. STAFF RECOMMENDATION:
That Planning Commission recommend to City Council 'approval of a zoning
ordinance amendment relating to nonconforming lots, buildings, uses and land.
V. ATTACHMENTS:
1. Draft Ordinance Amendment
2. Copy of March 26, 1982, staff report
3. List of Nonconforming Uses along Highway I I I
Prepared by:
Reviewed and approved by:
74-r
/pa
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City Of Palm Desert
Interoffice Memorandum
TO: CITY COUNCIL AND PLANNING COMMISSION
FROM: DIRECTOR OF ENVIRONMENTAL SERVICES
SUBJECT: NONCONFORMING USES
DATE: MARCH 16, 1982
I. INTRODUCTION:
The purpose of this report is to request clarification the City's present posture as it
relates to nonconforming uses. During the Director's first six months with the
City, the question which constantly arose was "when is the City going to do
something about the nonconforming uses?" Time's up.
A key legal question arose "was a five year written notice to abate a
nonconforming use required?" Initial legal opinion was affirmative, subsequent
investigation reversed that opinion. The next step was instituting an abatement
procedure. The City Attorney has written an ordinance to establish the procedure.
Having a legal right to proceed and a procedure, does staff proceed and what will
be the potential impact?
II. THE LAW:
This portion of the report will attempt to set forth existing legal requirements—it
should be remembered that all ordinances can be revised; and the purpose of this
discussion is to determine if the City should proceed or amend its ordinances.
-1-
The critical uses are those that are identified in the ordinance as Group B.
"Section 25.76.030 Group B, nonconforming buildings and uses are
those which are detrimental in the zone; they shall be termin-
ated or removed within a specified period. The period shall be
measured from December 11, 1975, or from the date such use or
building becomes nonconforming, whichever is later."
Later Section (e) states
"Group B, nonconforming uses shall be those uses in any zone which
are expressly prohibited and those other uses which are not provided
for in the zone."
Since each zone states those uses not permitted are specifically prohibited.
Now the issues become a little more complicated:
1. A Group B nonconforming nonresidential use in a conforming building or
Group A* nonconforming building must abate in five years; but,
2. Such a use in a nonconforming building may continue for the duration of the
building. Depending on the type of construction, such use could continue for
up to twenty years.
It should be noted that Section 25.76.030 could be internally inconsistent. To quote
Section 25.75.030 (b)(1)(2):
*Group A nonconforming buildings are those buildings which do not conform to the
building height, yards, distance between buildings, floor area ratio, and minimum size of
dwelling unit standards for the zone in which they are located.
-2-
"Group B, nonconforming buildings are as follows:
1. In residential zones, industrial buildings, and commercial buildings
other than those specifically permitted, shall be considered as Group
B, nonconforming.
2. In commercial and industrial zones, residential buildings not
specifically permitted in the zone shall be considered as Group B,
nonconforming."
The question becomes "is a converted residence a commercial building or a
residential building for purposes of Group B determination?" This question
becomes critical since a residence converted, for example, to a doctor's office
would have to abate in five years because it is a conforming building; so Section F
applies:
"A Group B, nonconforming use of a conforming or a Group A
nonconforming building shall, within five years, be completely
terminated..."
But, if the determination is that it is now a commercial building then it is a
nonconforming building and Section G applies:
"A Group B, nonconforming-nonresidential use in a Group B
nonconforming building may continue for the duration of the
building..."
up to twenty years depending on the type of construction.
First reaction might be to determine it a residence and have the use abated
immediately; however, if this is done then residences converted to commercial
buildings in commercial areas must also be regarded as residential buildings which
would make them nonconforming buildings in that zone and permit the uses there in
to continue for the duration of the building.
-3-
III. WHAT DOES IT ALL MEAN?
What all the above means is that along Hwy 74 the existing restaurants must abate
immediately; the hotels must apply for a conditional uses permit and reduce their
density to eighteen units per acre. Why? because they are all nonconforming uses
in conforming or Group A nonconforming buildings.
Along Highway III all nonretail, nonoff ice uses will be required to conform. All
motels and hotels exceeding twenty-four units per acre, and all service stations and
restaurants will necessitate a conditional use permit.
Within the residential areas there is no question that these uses cease. The City
may wish to reexamine its previous policies relating to nonconforming uses; the
attached ordinance may serve as a basis for such a revision in policy.
The attached ordinance eliminates nonconforming uses in residential zones
immediately. In commercial areas, it permits nonconforming uses to continue but
prohibits expansion. Should a nonconforming use be terminated for six months or
succeeded by another use the vested right is ended. There is also a section deaing
with nonconformity caused by public acquisition.
Attached is also the present ordinance. A "Strike-out-insert" was not done because
the entire existing provisions would be replaced.
IV. WHAT'S THE PROBLEM?
In terms of the nonconforming uses within the City's commercially zoned areas the
problem is principally one of appearance rather than use. The Council and
Commission may wish to instruct staff to prepare ordinances to handle the
aesthetic or appearance condition.
-4-
ORDINANCE RELATING TO NONCONFORMING LOTS, USES AND BUILDINGS
25.76.020 - Nonconforming lots, buildings and uses in residential zones.
A. All nonconforming uses within any residential zone shall terminate or be
made to conform within five years of its initial establishment or date it became
nonconforming.
B. A nonconforming building within a residential. zone shall be permitted to
expand providing the expanded area conforms to this chapter.
C. A nonconforming lot may be developed, if it has been legally created and
the construction proposed is conforming.
26.76.030 - Nonconforming lots, buildings and uses in nonresidential zones.
A. Nonconforming use limits other uses - While a nonconforming residential use
exists on any lot, no new use may be established thereon, even though such new use would
be a conforming use.
B. Nonconforming use of conforming building - The nonconforming use of a
building existing on December 1, 1975, may be continued; provided such nonconforming
use shall not be expanded or extended into any other portion of the conforming building,
and if such nonconforming use is discontinued, and future use of such building shall
conform to the provisions of this chapter.
C. Nonconforming use of a nonconforming building - The nonconforming use of
a nonconforming building may be continued but may not be expanded or extended within
such building.
D. Change in status of nonconforming use - If a nonconforming use is
discontinued for a period of six months or is succeeded by another and conforming•use, it
is evidence that the nonconforming use has ended and any vested right to the continuance
of such use is terminated.
E. Nonconforming buildings - A nonconforming building may be expanded
provided the expansion conforms to the requirements of this chapter.
26.76.040 Reconstruction of nonconforming Building Partially Destroyed. A
nonconforming building which is destroyed to the extent of not more than fifty percent of
its reasonable replacement value at the time of its destruction may be restored and the
e
occupancy or use of such building or pat thereof which existed at the time of such partial
destruction may be contained subject to all other provisions of this part.
V
26.76.050 Nonconforming uses and nonconforming buildings Resulting from
reclassification - the foregoing provisions of this part shall apply to buildings, land and
uses which hereafter become nonconforming due to any reclassification of zones under
this chapter.
26.76.060 Public Acquisition. Whenever any lot, any building, any structure, or any
use is rendered nonconforming within the meaning hereof solely by
1) dedication to, or purchase by, the City for any public purpose; or,
2) eminent domain.proceedings.
Which result in the acquisition by the City of a portion of such property, the same shall
not be deemed nonconforming within the meaning of this article. Provided however that
if subsequent to such acquisition, the buildings and/or structures located upon such lot are
wholly destroyed, no reconstruction shall take place unless compliance is had with all
applicable provisions of this chapter. In the event, however, subsequent to such
acquisition, the buildings and/or structures located upon such lot are destroyed to the
extent of not more than fifty percent of their reasonable replacement value, at the time
their destruction, the provisions of. Section 26.76.040 of this chapter shall apply to any
reconstruction of said buildings and/or structures.
/Ir
March 1, 1982
NONCONFORMING USES
1. HOAMS POOLS, 72-381 Highway Ill: Vehicle Storage Yard
2. PALMS TO PINES CHEVRON, 72-801 Highway III: Outside Repair dt Storage of
Vehicles.
3. SHELL STATION, 73-051 Highway Ill: Vehicles for Sale
4. PALM DESERT GLASS, 73-185 Highway 111: Storage yard, Vehicles, Supplies
5. 76 STATION/AVIS RENT A CAR, 73-801 Highway Ill: Outside Storage of Rental
Cars
6. A.J. CONSTRUCTION COMPANY, 74-428 Highway Ill: Outside Storage
7. SUTTON APPLIANCE, 74-428 Highway Ill: Outside Storage
8. HOUSTON LUMBER, 74-124 Highway Ill: Outside Storage
9. PROTECTION SERVICES, 74-214 Highway 111: Outside Storage of Vehicles
10. J & E AUTOMOTIVE, 74-196 Highway 111: Service Industrial Use
11. UGLY DUCKLING RENT A CAR, 73-960 Highway Ill: Storage of Rental Cars on
Street
12. AARTS LIGHTING, 73-330 Highway Ill: Outside Storage, Supplies Equipment &
Vehicles
13. PDQ CAR WASH, 73-230 Highway 111: Service Industrial Use
14. HERTZ RENTA A CAR, 73-230 Highway 111: Outside Storage of Vehicles
15. PALM DESERT PET HOSPITAL, 73-120 Highway 111: Boarding of Pets?
16. AUTO SOUND, 73-086 Highway 111: Outside Repair, Installation
17. PALM DESERT AIR CONDITIONING, 73-038 Highway 111: Outside Storage
MINUTES
PALM DESERT PLANNING COMMISSION
MAY 4, 1982
in the R-1, 10,000 zone located at 74-637 Peppertree
Drive.
Mr. Joy reviewed the staff report and recommended approval.
Vice Chairman Richards asked for a clarification on what hardships this has
created for the applicant. Mr. Diaz explained most of the homes in the neighborhood
were built prior to these setback requirements with a 5' minimum side yard setbacks.
Therefore, the requested variance could be justified.
Vice Chairman Richards opened the public hearing and asked if the applicant cared
to make a presentation.
MR. STEVE SULLIVAN, Architect, 73-730 Hwy 111, stated he was present for any
questions the Commission might have.
Commissioner Miller asked what the setbacks in front of the property would be.
Mr. Sullivan replied they would be the same as required in the R-1 10,000 zone.
Vice Chairman Richards asked if anyone present wished to speak in FAVOR or
OPPOSITION to this case. There being none, the public hearing was closed.
Moved by Commissioner Miller, seconded by Commissioner Crites, to adopt the
findings as recommended by staff. Carried unanimously 4-0.
Moved by Commissioner Wood, seconded by Commissioner Crites, to waive further
reading and adopt Planning Commission Resolution No. 799, approving VAR 01-82. Carried
unanimously 4-0.
D. Case No. C/Z 02-82 - CITY OF PALM DESERT, Applicant
Consideration of a Change of Zone from R-2 8,000 to R-1
8,000 (Single Family Residential, 8,000 sq.ft. minimum lot
size) for property located south of Skyward Way, between
Chia Drive and the easterly end of Bel Air Road.
Mr. Smith reviewed the staff report and stated that this property had previously
been rezoned from R-1 10,000 to R-2 8,000, which presently is inconsistent with the
General Plan. Staff is recommending approval.
Vice Chairman Richards opened the public hearing and asked if anyone present
wished to speak in FAVOR or OPPOSITION to this case. There being none, the public
hearing was closed.
Moved by Commissioner Crites, seconded by Commissioner Miller, to adopt
findings as recommended by staff. Carried unanimously 4-0.
Commissioner Wood, at this time, explained to the audience that this matter was
brought up at the study session prior to the meeting and Commissioners thoroughly
weighed the pros and cons of this act.
Moved by Commissioner Wood, seconded by Commissioner Miller, to waive further
reading and adopt Planning Commission Resolution No. 800, recommending approval of,
C/Z 02�-82. Carried unanimously 4-0.
Case No. ZOA 04-82 - CITY OF PALM DESERT, Applicant
Consideration of a Zoning Ordinance Amendment relating
to nonconforming lots, buildings, uses and land.
Mr. Diaz stated that because staff would need to contact property owners that
would be impacted by this request, he is recommending a continuance to June 1st.
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MINUTES
PALM DESERT PLANNING COMMISSION
MAY 4, 1982
Vice Chairman Richards opened the public hearing and asked if anyone wished to
speak in FAVOR or OPPOSITION to this request. There was none.
Moved by Commissioner Crites, seconded by Commissioner Wood, to continue this
matter to June 1, 1982, to give staff opportunity to contact those property owners that
may be impacted. Carried unanimously 4-0.
F. Case No. ZOA 05-82, CITY OF PALM DESERT, Applicant
Consideration of a Zoning Ordinance Amendment to join
together all applications on an individual property for the
purposes of determining the expiration date of said
applications.
Mr. Smith reviewed this request and recommended approval.
Vice Chairman Richards 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.
Moved by Commissioner Wood, seconded by Commissioner Miller, to waive further
reading and adopt Planning Commission Resolution No. 801, recommending approval of
ZOA 05-82. Carried unanimously 4-0.
VIII. DESIGN REVIEW BOARD ITEMS - NONE
IX. MISCELLANEOUS ITEMS - NONE
X. ORAL COMMUNICATIONS - NONE
XI. COMMENTS - NONE
XII. ADJOURNMENT
Moved by Vice Chairman Richards, seconded by Commissioner Crites, to adjourn
the meeting at 7:35 P.M.
RAMON A. DIAZ, Secretary
ATTEST:
JAMES RICHARDS, Vice Chairman
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-4-
Z- f:a�zr off :--F�nnm
45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260
TELEPHONE (714) 346-0611
May 19, 1982
Re: Amendment to Nonconforming Use Section of the City's Zoning Ordinance
Dear Sir or Madam:
The City Council instructed its staff to prepare an amendment to the city's zoning
ordinance permitting existing uses which do not conform to the zoning ordinance to
continue operation.
The present ordinance requires that all uses (i.e. businesses) which do not conform with
the zoning ordinace be discontinued. A specific period of time was allowed before the city-
would proceed to remove these uses. As the end of the grace period approached, staff was
instructed to process an amendment which would permit existing uses which do not
conform to the zoning ordinance to continue to operate.
The Planning Commission desiring additional input from those persons most directly
affected by the proposed amendment, withheld a decision on the matter at its May 4,
1982, meeting and directed staff to notify the operators of the specific businesses that
the public hearing would be continued to June 1, 1982. Although the proposed amendment,
if adopted, will allow uses which do not conform to the ordinance to continue to operate,
it may require certain improvements to be undertaken to improve the visual appearance
of the building and site.
In closing, you are urged to attend the Planning Commission meeting to be held Tuesday
June 1, 1982, at 7:00 p.m. in the Council Chambers at City Hall in order that your input
can be obtained. Should you have any questions, please do not hesitate to call the
Environmental Services Department.
Yours truly, 4
4��(
STEPHEN R. SMITH
Associate Planner
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1 MINUTES
PALM DESERT PLANNING COMMISSION
APRIL b, 1982
IX. MISCELLANEOUS ITEMS
A. Proposed revisions to General Provisions Section.
Moved by Commissioner Woad, seconded by 'otoinissioner Richards, to continue
this iG!,n to the meeting of April 20, 1982, for further discussion. Carried unanimously
5-0.
B. Zoning Ordinance Amendment relating to Time Extensions.
Moved by Commissioner Wood, seconded by Commissioner Richards, to -instruct
staff to proceed with Zoning Ordinance Amendment. Carried unanimously 5-0.
/C. J Zoning Ordinance Amendment relating to Nonconforming; U>as.
Moved by Commissioner Wood, seconded by Commissioner Richards, to instru<:t
staff to proceed with Zoning Ordinance Amendment. Carried unanimously 5-0.
X. ORAL COMMUNICATIONS - NONE
XI. COMMENTS
Commissioner Richards inquired when the Portola Dip would be repaired. Mr.
McClellan replied that it would be determined at the budget sessions.
X11. ADJOURNMENT
Moved by Commissioner Kryder, seconded by Commissioner Crites, to adjourn the
meeting at 8:40 p.m. Carried unanimously 5-0.
/Ir
-5-
City of Palm Desert
Staff Report
TO: Planning Commission
DATE: May 4, 1982
CASE NO: ZOA 04-82
PROPOSED AMENDMENT:Request for consideration of a zoning ordinance amendment
relating to nonconforming lots, buildings, uses and land.
INITIATED BY: City of Palm Desert
I. BACKGROUND:
At the joint Planning Commission - City Council meeting of March 16, 1982, the
matter of nonconforming uses was discussed. Staff advised that the City was now in
a position to proceed with the abatement of nonconforming uses. A list of 17
nonconforming uses existing along Highway Ill was circulated. In addition other
nonconforming uses located in other areas of the City were delineated.
It was the concensus of those present that the nonconforming use ordinance should
be revised. A draft of the revised ordinance was attached to the March 16, 1982,
staff report.
II. DISCUSSION:
The revised ordinance would replace the existing provisions relating to
nonconforming uses. The revised ordinance eliminates nonconforming uses in
residential zones immediately. In commercial areas it permits uses to continue but
prohibits expansion. Should a nonconforming use be terminated for six months or be
succeeded by another use, the vested right is ended. There is also a section dealing
with nonconformity caused by public acquisition.
The City Attorney has prepared a new section to be added to Section 25.76. The
new section provides a specific procedure to be followed for the City to abate
nonconforming lots, buildings, uses and land. The procedure includes the
establishment of an Abatement Hearing Board, noticing requirements and hearing
procedures.
III. OTHER AREAS OF CONCERN:
A. The list of nonconforming uses prepared on March 1, 1982, indicated
some general areas of concern:
a. A problem area involved the storage of supplies associated with
a conforming commercial use. The Municipal Code requires all
commercial activities in a C-1 zone to be conducted wholly within
an enclosed building while commercial uses in a P-C zone are
permitted outdoor storage provided its height does not exceed the
height of actual perimeter screening.
Commission should review this situation and decide whether it wishes
to permit outdoor storage. If outdoor storage is to be permitted, it
should be dealt with on an equitable basis throughout the commercial
districts. Staff would suggest that if outdoor storage is to be
permitted, then suitable screening should be required to eliminate
the view of the items of storage from any street or parking area.
- 1 -
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CASE NO. ZOA 04-82
MAY 4, 1982
b. Outside work areas were a problem in 2 of 17 nonconforming situations.
If it is Commission's desire to eliminate outside work areas, then staff
should be instructed to suitably amend the Planning Commission zone
(Chapter 28.30), provisions to require all commercial activities to be
conducted within wholly enclosed buildings as is required in the C-1
zone area.
III. ENVIRONMENTAL FINDINGS:
The Director of Environmental Services has reviewed the project and determined it
to be a Class 5, Categorical Exemption for the purposes of CEQA. No further
documentation is necessary.
IV. STAFF RECOMMENDATION:
That Planning Commission recommend to City Council approval of a zoning
ordinance amendment relating to nonconforming lots, buildings, uses and land.
V. ATTACHMENTS:
1. Draft Ordinance Amendment
2. Copy of March 26, 1982, staff report
3. List of Nonconforming Uses along Highway I I I
Prepared by:
Reviewed and approved by:
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_ 2 _
PLANNING COMMISSION RESOLUTION NO:
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT RECOMMENDING THAT
THE CITY COUNCIL APPROVE AN AMENDMENT TO
THE MUNICIPAL CODE SECTION 25.76.
CASE NO. ZOA 04-82
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 4th, day of May, 1982, hold a duly noticed public hearing to consider amendments to
Section 25.76.
WHEREAS, said amendment complies 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 the project to
be a Class 5 Categorical Exemption;
WHEREAS, at said public hearing upon hearing and considering the testimony and
arguments, if any, of all interested persons desiring to be heard, said Planning Commission
did find the following facts to justify their recommendations 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.
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 findings of
the Commission
2. That the Planning Commission does hereby recommend to the City Council
approval of a Zoning Ordinance Text Amendment to rescind the present
Zoning Ordinance Chapter 25.76 - Nonconforming Lots, Buildings, Uses and
Land and replace same with Exhibit "A" attached hereto.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 4th day of May, 1982, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
GEORGE D. KRYDER
CHAIRMAN
ATTEST:
RAMON A. DIAZ, Secretary
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PLANNING COMMISSION RESOLUTION #
EXHIBIT "A"
CHAPTER 25.76
NONCONFORMING LOTS, BUILDINGS AND USES
SECTIONS:
25.76.010 PURPOSE
25.76.020 NONCONFORMING LOTS, BUILDINGS & USES
IN RESIDENTIAL ZONES.
25.76.030 NONCONFORMING LOTS, BUILDINGS AND USES
IN NONRESIDENTIAL ZONES.
25.76.040 RECONSTRUCTION OF NONCONFORMING BUILDING
PARTIALLY DESTROYED.
25.76.050 NONCONFORMING USES AND NONCONFORMING BUILDINGS.
25.76.060 PUBLIC ACQUISITION
25.76.070 NOTICE OF HEARING: APPEAL
25.76.010 - Purpose. Where lots, buildings or uses legally existing on December 11,
1975, are not in conformity with the provisions of this title, it is the intent and purpose of
this chapter to declare such lots, buildings, uses and land to be nonconforming, for the
purpose of protecting the public health, safety and general welfare. (Ord. 99 S1(part),
1975: Exhibit A S25.40).
25.76.020 - Nonconforming Lots, Buildings and Uses in Residential Zones.
A. All nonconforming uses within any single family residential zone shall be
terminated or made to conform within five years. The five year period shall be measured
from December 11, 1975, the date of original adoption of the City's Zoning Ordinance or
from the date such use became nonconforming, whichever came later.
B. A nonconforming building within a residential zone shall be permitted to expand
providing the expanded area conforms to this chapter.
C. A nonconforming lot may be developed, if it has been legally created and the
construction proposed is conforming.
26.76.030 - Nonconforming Lots, Buildings and Uses in Nonresidential Zones.
A. Nonconforming use limits other uses - While a nonconforming residential use
exists on any lot, no new use may be established thereon, even though such new use would
be a conforming use.
B. Nonconforming use of conforming building - The nonconforming use of a building
existing on December 11, 1975, may be continued; provided such nonconforming use shall
not be expanded or extended into any other portion of the conforming building, and if such
nonconforming use is discontinued, and future use of such building shall conform to the
provisions of this chapter.
C. Nonconforming use of a nonconforming building - The nonconforming use of a
nonconforming building may be continued but may not be expanded or extended within
such building.
D. Change in status of nonconforming use - If a nonconforming use is discontinued
for a period of six months or is succeeded by another and conforming use, it is evidence
that the nonconforming use has ended and any vested right to the continuance of such use
is terminated.
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PLANNING COMMISSION RESOLUTION N
Section 26.76.030 - (CONTINUED)
E. Nonconforming buildings - A nonconforming building may be expanded provided
the expansion conforms to the requirements of this chapter.
26.76.040 - Reconstruction of Nonconforming Building Partially Destroyed. A
nonconforming building which is destroyed to the extent of not more than fifty percent of
its reasonable replacement value at the time of its destruction may be restored and the
occupancy or use of such building or part thereof which existed at the time of such partial
destruction may be continued subject to all other provisions of this part.
26.76.050 - Nonconforming Uses and Nonconforming Buildings. Resulting from
reclassification - the foregoing provisions of this part shall apply to buildings, land and
uses which hereafter become nonconforming due to any reclassification of zones under
this chapter.
26.76.060 - Public Acquisition. Whenever any lot, any building, any structure, or
any use is rendered nonconforming within the meaning hereof solely by:
1. Dedication to, or purchase by, the City for any public purpose; or,
2. eminent domain proceedings.
Which result in the acquisition by the City of a portion of such property, the same shall
not be deemed nonconforming within the meaning of this article. Provided however that if
subsequent to such acquisition , the buildings and/or structures located upon such lot are
wholly destroyed, no reconstruction shall take place unless compliance is had with all
applicable provisions of this chapter. In the event, however, subsequent to such
acquisition, the buildings and/or structures located upon such lot are destroyed to the
extent of not more than fifty percent of their reasonable replacement value, at the time
of their destruction, the provisions of Section 26.76.040 of this chapter shall apply to any
reconstruction of said buildings and/or structures.
26.76.070 - Notice and Hearing: Appeal.
A. Notice of don-Conformity - The owner or occupant of property that is
determined to be a n nc n ,mi uilding or use under Chapter 25.76, shall receive a
notice, in writing, of that determination. The notice shall state the grounds for the
decision, and shall require the nonconforming lot, building, use or land to be abated within
a time determined by the City Staff to be reasonable.yThe letter shall advise that if the
nonconforming lot, building or use is not abated within the time specifie¢aAhe abatement
work will be completed by the City and the costs thereof will be charged against the
property or its owner. The notice shall furthermore provide that any person having any
record title or legal interest in the building or lot, may request a hearing, provided the
request is made in writing, as provided in this code, below, and filed with the City within
thirty (30) days from the date of service of such notice. The notice shall finally provide
that failure to request a hearing will constitute a waiver of all right to an administrative
hearing and determination of the matter.
B. Service of Notice of Nonconformity - The notice and order, and any amended or
supplemental notice and order shall be served upon the record owner, and posted on the
property. One copy thereof shall be served on each of the following persons, if known to
the City or disclosed from public records:
1. The holder of any mortgage or deed of trust or other lien or encumbrance of
record.
2. The owner or holder of any lease of record;
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PLANNING COMMISSION RESOLUTION iI
Section 25.76.070 (CONTINUED)
3. The holder of any other estate or legal interest of record in or to the
building, or the land on which it is located. The failure of the City to serve any person
required herein to be served, shall not invalidate any proceedings hereunder as to any
other person duly served or relieve any such person from any duty or obligation imposed
on him by the provisions of this section.
C. Method of Service; Effective Date of Service - Service of the notice shall be
made upon all persons entitled thereto, either personally, or by mailing a copy of such
notice and order by certified mail, postage pre-paid, return receipt requested, to each
such person at this address as it appears on the last equalized assessment role of the
County or as known to the City. If no address of any such person so appears, or is known
to the City, then a copy of the notice shall be so mailed, addressed to such person at the
address of the lot or building involved in the proceedings. The failure of any such person
to receive such notice shall not affect the validity of any proceedings taken under this
section. Service by certified mail in the manner herein provided shall be effective on the
date of mailing.
D. Proof of Service - Proof of service of the notice shall be certified to at the
time of service by written declaration, under penalty of perjury executed by the persons
effecting such service, declaring the time, date and manner in which service was made.
The declaration, together with any receipt card returned and acknowledgment of receipt
by certified mail shall be affixed to the copy of the notice and retained by the City Staff.
E. Request for Hearing - Any person entitled to notice under 25.76.070(B) above,
may within 30-days of receipt of said notice, request a hearing. The request for hearing
shall be in writing, and shall contain the following information:
a. A brief statement setting forth the legal interest of each of the persons
requesting the hearing in the building, land, or lot involved.
b. A brief statement in ordinary and concise language, of the specific City
action protested, together with any material facts claimed to support the contentions of
the persons requesting the hearing.
c. A brief statement, in ordinary and concise language, of the relief sought,
and the reasons why it is claimed the protested City action should be reversed, modified
or otherwise set aside.
d. The signatures of all parties requesting the hearing, and their official
mailing addresses.
e. The verification, by declaration under penalty of perjury, of at least one
person who is requesting the hearing, as to the truth of the matters stated in the request
for hearing.
F. Abatement Hearing Board Established - In order to provide for final
interpretation of the provisions of this chapter, and to conduct hearings provided for
below, there is hereby established an Abatement Hearing Board, hereinafter referred to as
the 'BOARD", consisting of three (3) members. One such member shall be a member of
the City Council. A second member shall be a member of the Planning Commission. A
third member shall not be an employee of the City. The Director of Environmental
Services shall be an ex-officio member of, and shall act as secretary to the Board. The
board shall be appointed by the City Council and shall hold office at its pleasure. The
Board shall adopt reasonable rules and regulations for conducting its business, and shall
render all decisions and findings, in writing, to the person requesting a hearing, with a
copy to the Director of Environmental Services. Copies of all rules and regulations
adopted by the Board shall be delivered to the Director of Environmental Services, who
shall make them freely accessible to the public.
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PLANNING COMMISSION RESOLUTION #
Section 25.76.070 (CONTINUED)
G. Notice of Hearing; Form - As soon as practicable, after receiving the written
request for hearing, the Board shall fix a date, time, and place for the hearing by the
Board. Such date shall be not less than ten (10) days, nor more than sixty (60) days from
the date the request for hearing was filed. Written notice of the time and place of the
hearing shall be given at least ten (10) days prior to the date of the hearing, to each
person requesting a hearing by the Secretary of the Board, either by causing a copy of
such notice to be delivered to the persons requesting the hearing personally, or by mailing
a copy thereof, postage pre-paid, addressed to the person requesting the hearing at his
address shown on the request for a hearing. The notice to the person requesting the
hearing shall be substantially in the following form, but may include other information:
"You are hereby notified that a hearing will be held before the Abatement Hearing
Board at on the day of , 198 , at the hour of
upon the notice served upon you. You may be present at the hearing. You may be, but
need not be, represented by counsel. You may present any relevant evidence and will be
given full opportunity to cross-examine all witnesses testifying against you. You may
request the issuance of subpoenas to compel the attendance of witnesses, and the
production of books, documents or other things by filing an affidavit therefore with the
Abatement Hearing Board".
H. Hearing Procedures - The following procedures shall apply to the conduct of the
hearing:
1. The hearing shall take place before the three members of the Abatement
Hearing Board, who shall act as hearing examiners to conduct the hearings.
2. A record of the entire proceeding shall be made by tape recording, or by
any other means of permanent recording, determined to be appropriate by the Board.
3. The proceedings at the hearing shall also be reported by a stenographic
reporter, if requested by any party thereto. A transcript of the proceedings shall be made
available to all parties, upon request and upon payment of the fee prescribed therefor.
Such fees may be established by the Board, but shall, in no event, be greater than the cost
involved.
4. The Board may grant continuances for good cause shown.
5. In any proceedings under this chapter, the Board, or any Board Member, has
the power to administer oaths and affirmations and to certify to official acts.
6. The Board and its representatives shall proceed with reasonable dispatch to
conclude any matter before it. Due regard shall be shown for the convenience and
necessity of any parties or their representatives.
7. The Board may obtain the issuance and service of a subpoena for the
attendance of witnesses, or the production of other evidence at a hearing upon the request
of a member of the Board, or upon the filing of an affidavit therefore, which states the
name and address of the proposed witness; specifies the exact things sought to be
produced and the materiality thereof in detail to the issues involved; and states that the
witness has the desired things in his possession or under his control. The subpoena need not
be issued, when the affidavit is defective in any particular.
8. Hearings need not be conducted according to the technical rules relating to
evidence and witnesses.
9. Oral evidence shall be taken only on oath or affirmation.
10. Hearsay evidence may be used for the purpose of supplementing or
explaining any direct evidence, but shall not be sufficient, in itself, to support a finding
unless it would be admissible over objection in civil actions in courts of competent
jurisdiction in this state.
_ 5 _
t
PLANNING COMMISSION RESOLUTION
Section 25.76.060 (CONTINUED)
11. Any relevant evidence shall be admitted, if it is the type of evidence on
which responsible persons are accustomed to rely in the conduct of serious affairs,
regardless of the existence of any common law or statutory rule, which might make
improper the admission of such evidence over objection in civil actions in courts of
competent jurisdiction in this state.
12. Irrelevant and unduly repetitious evidence shall be excluded.
13. In reaching a decision, official notice may be taken, either before or after
submission of the case for decision, of any fact which may be judicially noticed by the
courts of this state, or of official records of the Board or Departments and ordinances of
the City of Palm Desert, or rules and regulations of the Hearing Board.
14. The Board, may inspect any buildings or lots, involved in the hearing during
the course of the hearing, provided that notice shall be given to the parties before the
inspection is made, the parties are given an opportunity to be present during the
inspection, and the Board shall state for the record upon completion of the inspection, the
material facts observed and the conclusions drawn therefrom. Each party then shall have
a right to rebut or explain the matters so stated by the Board.
15. The hearing shall be open to the public.
16. The City shall have the burden of proof, and shall first present its
evidence. The party requesing the hearing may then cross-examine the witnesses
presented on behalf of the City. The person requesting the hearing may then present
evidence. The City may then cross-examine the witnesses presented on behalf of person
requesting the hearing.
17. Upon receipt of all the evidence the Board shall then retire to deliberate
and shall render a decision not less than five (5) days after the date of the hearing. The
City has the burden of persuasion by a preponderance of the evidence; which burden shall
be taken into consideration by the Board in rendering its decision.
18. The decision of the Board shall be in writing and shall contain findings of
fact, a determination of the issues presented, and shall also contain the requirements to
be complied with by the person requesting the hearing. A copy of the decision shall be
delivered to the person reequesting the hearing, personally, or sent to him by certified
mail, postage prepaid, return receipt requested. The effective date of the decision shall
be as stated thereon.
I. Rights of Parties At the Hearing - Each party shall have these rights, at the
hearing:
1. To call and examine witnesses on any matter relevant to the issues of the
hearing.
2. To introduce documentary and physical evidence.
3. To cross-examine opposing witnesses on any matter relevant to the issues
of the hearing.
4. To impeach any witness, regardless of which party first called him to
testify.
5. To rebut the evidence against him.
6. To represent himself, or to be represented by anyone of his choice,
including an attorney at law, who is lawfully permitted to do so.
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PLANNING COMMISSION RESOLUTION 0
Section 25.76.070 (CONTINUED)
J. A eal to Cit Council - The decision of the Board may be appealed to the
City Council within ten 0 days of the date of service of the decision of the Board. The
Council shall hear the appeal as soon as practicable. The appeal shall not be de novo, and
shall be based only on the hearing transcript, the evidence presented at the hearing, those
matters officially noticed, and the written decision of the Board. Any action of the Board
shall be stayed pending the outcome of the appeal. The decision of the City Council shall
be final.
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City Of Palm Desert
Interoffice Memorandum
TO: CITY COUNCIL AND PLANNING COMMISSION
FROM: DIRECTOR OF ENVIRONMENTAL SERVICES
SUBJECT: NONCONFORMING USES
DATE: MARCH 16, 1982
I. INTRODUCTION:
The purpose of this report is to request clarification the City's present posture as it
relates to nonconforming uses. During the Director's first six months with the
City, the question which constantly arose was "when is the City going to do
something about the nonconforminguses?" Time's u .
P
A key legal question arose "was a five year written notice to abate a
nonconforming use required?" Initial legal opinion was affirmative, subsequent
investigation reversed that opinion. The next step was instituting an abatement
procedure. The City Attorney has written an ordinance to establish the procedure.
Having a legal right to proceed and a procedure, does staff proceed and what will
be the potential impact?
H. THE LAW:
This portion of the report will attempt to set forth existing legal requirements—it
should be remembered that all ordinances can be revised; and the purpose of this
discussion is to determine if the City should proceed or amend its ordinances.
-1-
The critical uses are those that are identified in the ordinance as Group B.
"Section 25.76.030 Group B, nonconforming buildings and uses are
those which are detrimental in the zone; they shall be termin-
ated or removed within a specified period. The period shall be
measured from December 11, 1975, or from the date such use or
building becomes nonconforming, whichever is later."
Later Section (e) states
"Group B, nonconforming uses shall be those uses in any zone which
are expressly prohibited and those other uses which are not provided
for in the zone."
Since each zone states those uses not permitted are specifically prohibited.
Now the issues become a little more complicated:
1. A Group B nonconforming nonresidential use in a conforming building or
Group A* nonconforming building must abate in five years; but,
2. Such a use in a nonconforming building may continue for the duration of the
building. Depending on the type of construction, such use could continue for
up to twenty years.
It should be noted that Section 25.76.030 could be internally inconsistent. To quote
Section 25.75.030 (b)(1)(2):
*Group A nonconforming buildings are those buildings which do not conform to the
building height, yards, distance between buildings, floor area ratio, and minimum size of
dwelling unit standards for the zone in which they are located.
-2-
"Group B, nonconforming buildings are as follows:
1. In residential zones, industrial buildings, and commercial buildings
other than those specifically permitted, shall be considered as Group
B, nonconforming.
2. In commercial and industrial zones, residential buildings not
specifically permitted in the zone shall be considered as Group B,
nonconforming."
The question becomes "is a converted residence a commercial building or a
residential building for purposes of Group B determination?" This question
becomes critical since a residence converted, for example, to a doctor's office
would have to abate in five years because it is a conforming building; so Section F
applies:
"A Group B, nonconforming use of a conforming or a Group A
nonconforming building shall, within five years, be completely
I
terminated..."
But, if the determination is that it is now a commercial building then it is a
nonconforming building and Section G applies:
"A Group B, nonconforming-nonresidential use in a Group B
nonconforming building may continue for the duration of the
building..."
up to twenty years depending on the type of construction.
First reaction might be to determine it a residence and have the use abated
immediately; however, if this is done then residences converted to commercial
buildings in commercial areas must also be regarded as residential buildings which
would make them nonconforming buildings in that zone and permit the uses there in
to continue for the duration of the building.
-3-
III. WHAT DOES IT ALL MEAN?
What all the above means is that along Hwy 74 the existing restaurants must abate
immediately; the hotels must apply for a conditional uses permit and reduce their
density to eighteen units per acre. Why? because they are all nonconforming uses
in conforming or Group A nonconforming buildings.
Along Highway III all nonretail, nonoffice uses will be required to conform. All
motels and hotels exceeding twenty-four units per acre, and all service stations and
restaurants will necessitate a conditional use permit.
Within the residential areas there is no question that these uses cease. The City
may wish to reexamine its previous policies relating to nonconforming uses; the
attached ordinance may serve as a basis for such a revision in policy.
The attached ordinance eliminates nonconforming uses in residential zones
immediately. In commercial areas, it permits nonconforming uses to continue but
prohibits expansion. Should a nonconforming use be terminated for six months or
succeeded by another use the vested right is ended. There is also a section deaing
with nonconformity caused by public acquisition.
Attached is also the present ordinance. A 'Strike-out-insert" was not done because
the entire existing provisions would be replaced.
IV. WHAT'S THE PROBLEM?
In terms of the nonconforming uses within the City's commercially zoned areas the
problem is principally one of appearance rather than use. The Council and
Commission may wish to instruct staff to prepare ordinances to handle the
aesthetic or appearance condition.
-4-
ORDINANCE RELATING TO NONCONFORMING LOTS, USES AND BUILDINGS
25.76.020 - Nonconforming lots, buildings and uses in residential zones.
A. All nonconforming uses within any residential zone shall terminate or be
made to conform within five years of its initial establishment or date it became
nonconforming.
B. A nonconforming building within a residential.zone shall be permitted to
expand providing the expanded area conforms to this chapter.
C. A nonconforming lot may be developed, if it has been legally created and
the construction proposed is conforming.
26.76.030 - Nonconforming lots, buildings and uses in nonresidential zones.
A. Nonconforming use limits other uses - While a nonconforming residential use
exists on any lot, no new use may be established thereon, even though such new use would
be a conforming use.
B. Nonconforming use of conforming building - The nonconforming use of a
building existing on December 1, 1975, may be continued; provided such nonconforming
use shall not be expanded or extended into any other portion of the conforming building,
and if such nonconforming use is discontinued, and future use of such building shall
conform to the provisions of this chapter.
C. Nonconforming use of a nonconforming building - The nonconforming use of
a nonconforming building may be continued but may not be expanded or extended within
such building.
D. Change in status of nonconforming use - If a nonconforming use is
discontinued for a period of six months or is succeeded by another and conforming-use, it
is evidence that the nonconforming use has ended and any vested right to the continuance
of such use is terminated.
E. Nonconforming buildings - A nonconforming building may be expanded
provided the expansion conforms to the requirements of this chapter.
26.76.040 Reconstruction of nonconforming Building Partially Destroyed. A
nonconforming building which is destroyed to the extent of not more than fifty percent of
its reasonable replacement value at the time of its destruction may be restored and the
i
occupancy or use of such building or pat thereof which existed at the time of such partial
destruction may be contained subject to all other provisions of this part.
26.76.050 Nonconforming uses and nonconforming buildings Resulting from
reclassification - the foregoing provisions of this part shall apply to buildings, land and
uses which hereafter become nonconforming due to any reclassification of zones under
this chapter.
26.76.060 Public Acquisition. Whenever any lot, any building, any structure, or any
use is rendered nonconforming within the meaning hereof solely by
1) dedication to, or purchase by, the City for any public purpose; or,
2) eminent domain,proceedings.
Which result in the acquisition by the City of a portion of such property, the same shall
not be deemed nonconforming within the meaning of this article. Provided however that
if subsequent to such acquisition, the buildings and/or structures located upon such lot are
wholly destroyed, no reconstruction shall take place unless compliance is had with all
applicable provisions of this chapter. In the event, however, subsequent to such
acquisition, the buildings and/or structures located upon such lot are destroyed to the
extent of not more than fifty percent of their reasonable replacement value, at the time
their destruction, the provisions of Section 26.76.040 of this chapter shall apply to any
reconstruction of said buildings and/or structures.
/lr
March 1 1982
NONCONFORMING USES
1. HOAMS POOLS, 72-381 Highway Ill: Vehicle Storage Yard
2. PALMS TO PINES CHEVRON, 72-801 Highway III: Outside Repair & Storage of
Vehicles.
3. SHELL STATION, 73-051 Highway Ill: Vehicles for Sale
4. PALM DESERT GLASS, 73-185 Highway 111: Storage yard, Vehicles, Supplies
5. 76 STATION/AVIS RENT A CAR, 73-801 Highway III: Outside Storage of Rental
Cars
6. A.J. CONSTRUCTION COMPANY, 74-428 Highway 111: Outside Storage
7. SUTTON APPLIANCE, 74-428 Highway 111: Outside Storage
8. HOUSTON LUMBER, 74-124 Highway 111: Outside Storage
9. PROTECTION SERVICES, 74-214 Highway 111: Outside Storage of Vehicles
10. 7 & E AUTOMOTIVE, 74-196 Highway 111: Service Industrial Use
11. UGLY DUCKLING RENT A CAR, 73-960 Highway III: Storage of Rental Cars on
Street
12. AARTS LIGHTING, 73-330 Highway Ill: Outside Storage, Supplies Equipment &
Vehicles
13. PDQ CAR WASH, 73-230 Highway I I I: Service Industrial Use
14. HE RENTA A CAR, 73-230 Highway 111: Outside Storage of Vehicles
15. PALM DESERT PET HOSPITAL, 73-120 Highway 111: Boarding of Pets?
16. AUTO SOUND, 73-086 Highway III: Outside Repair, Installation
17. PALM DESERT AIR CONDITIONING, 73-038 Highway 111: Outside Storage
I
City Of Palm Desert
Interoffice Memorandum
TO: CITY COUNCIL AND PLANNING COMMISSION
FROM: DIRECTOR OF ENVIRONMENTAL SERVICES
SUBJECT: NONCONFORMING USES
DATE: MARCH 16, 1982
I. INTRODUCTION:
The purpose of this report is to request clarification the City's present posture as it
relates to nonconforming uses. During the Director's first six months with the
City, the question which constantly arose was "when is the City going to do
something about the nonconforming uses?" Time's up.
A key legal question arose "was a five year written notice to abate a
nonconforming use required?" Initial legal opinion was affirmative, subsequent
investigation reversed that opinion. The next step was instituting an abatement
procedure. The City Attorney has written an ordinance to establish the procedure.
Having a legal right to proceed and a procedure, does staff proceed and what will
be the potential impact?
H. THE
LAW:
This portion of the report will attempt to set forth existing legal requirements--it
should be remembered that all ordinances can be revised; and the purpose of this
discussion is to determine if the City should proceed or amend its ordinances.
-I-
r
The critical uses are those that are identified in the ordinance as Group B.
"Section 25.76.030 Group B, nonconforming buildings and uses are
those which are detrimental in the zone; they shall be termin-
ated or removed within a specified period. The period shall be
measured from December 11, 1975, or from the date such use or
building becomes nonconforming, whichever is later."
Later Section (e) states
"Group B, nonconforming uses shall be those uses in any zone which
are expressly prohibited and those other uses which are not provided
for in the zone."
Since each zone states those uses not permitted are specifically prohibited.
Now the issues become a little more complicated:
1. A Group B nonconforming nonresidential use in a conforming building or
Group A* nonconforming building must abate in five years; but,
2. Such a use in a nonconforming building may continue for the duration of the
building. Depending on the type of construction, such use could continue for
up to twenty years.
It should be noted that Section 25.76.030 could be internally inconsistent. To quote
Section 25.75.030 (b)(1)(2):
*Group A nonconforming buildings are those buildings which do not conform to the
building height, yards, distance between buildings, floor area ratio, and minimum size of
dwelling unit standards for the zone in which they are located.
-2-
"Group B, nonconforming buildings are as follows:
1. In residential zones, industrial buildings, and commercial buildings
other than those specifically permitted, shall be considered as Group
B, nonconforming.
2. In commercial and industrial zones, residential buildings not
specifically permitted in the zone shall be considered as Group B;
nonconforming."
The question becomes "is a converted residence a commercial building or a
residential building for purposes of Group B determination?" This question
becomes critical since a residence converted, for example, to a doctor's office
would have to abate in five years because it is a conforming building; so Section F
applies:
"A Group B, nonconforming use of a conforming or a Group A
nonconforming building shall, within five years, be completely
terminated..:'
But, if the determination is that it is now a commercial building then it is a
nonconforming building and Section G applies:
"A Group B, nonconforming-nonresidential use in a Group B
nonconforming building may continue for the duration of the
building..."
up to twenty years depending on the type of construction.
First reaction might be to determine it a residence and have the use abated
immediately; however, if this is done then residences converted to commercial
buildings in commercial areas must also be regarded as residential buildings which
would make them nonconforming buildings in that zone and permit the uses there in
to continue for the duration of the building.
-3-
I
t ,
III. WHAT DOES IT ALL MEAN?
What all the above means is that along Hwy 74 the existing restaurants must abate
immediately; the hotels must apply for a conditional uses permit and reduce their
density to eighteen units per acre. Why? because they are all nonconforming uses
in conforming or Group A nonconforming buildings.
Along Highway II I all nonretail, nonoffice uses will be required to conform. All
motels and hotels exceeding twenty-four units per acre, and all service stations and
restaurants will necessitate a conditional use permit.
Within the residential areas there is no question that these uses cease. The City
may wish to reexamine its previous policies relating to nonconforming uses; the
attached ordinance may serve as a basis for such a revision in policy.
The attached ordinance eliminates nonconforming uses in residential zones
immediately. In commercial areas, it permits nonconforming uses to continue but
prohibits expansion. Should a nonconforming use be terminated for six months or
succeeded by another use the vested right is ended. There is also a section deaing
with nonconformity caused by public acquisition.
Attached is also the present ordinance. A "Strike-out-insert" was not done because
the entire existing provisions would be replaced.
IV. WHAT'S THE PROBLEM?
In terms of the nonconforming uses within the City's commercially zoned areas the
problem is principally one of appearance rather than use. The Council and
Commission may wish to instruct staff to prepare ordinances to handle the
aesthetic or appearance condition.
-4-
ORDINANCE RELATING TO NONCONFORMING LOTS, USES AND BUILDINGS
25.76.020 - Nonconforming lots, buildings and uses in residential zones.
A. All nonconforming uses within any residential zone shall terminate or be
made to conform within five years of its initial establishment or date it became
nonconforming.
B. A nonconforming building within a residential zone shall be permitted to
expand providing the expanded area conforms to this chapter.
C. A nonconforming lot may be developed, if it has been legally created and
the construction proposed is conforming.
26.76.030 - Nonconforming lots, buildings and uses in nonresidential zones.
A. Nonconforming use limits other uses - While a nonconforming residential use
exists on any lot, no new use may be established thereon, even though such new use would
be a conforming use.
B. Nonconforming use of conforming building - The nonconforming use of a
building existing on December 1, 1975, may be continued; provided such nonconforming
use shall not be expanded or extended into any other portion of the conforming building,
and if such nonconforming use is discontinued, and future use of such building shall
conform to the provisions of this chapter.
C. Nonconforming use of a nonconforming building - The nonconforming use of
a nonconforming building may be continued but may not be expanded or extended within
such building.
D. Change in status of nonconforming use - If a nonconforming use is
discontinued for a period of six months or is succeeded by another and conforming use, it
is evidence that the nonconforming use has ended and any vested right to the continuance
of such use is terminated.
E. Nonconforming buildings - A nonconforming building may be expanded
provided the expansion conforms to the requirements of this chapter.
26.76.040 Reconstruction of nonconforming Building Partially Destroyed. A
nonconforming building which is destroyed to the extent of not more than fifty percent of
its reasonable replacement value at the time of its destruction may be restored and the
occupancy or use of such building or pat thereof which existed at the time of such partial
destruction may be contained subject to all other provisions of this part.
26.76.050 Nonconforming uses and nonconforming buildings. Resulting from
reclassification - the foregoing provisions of this part shall apply to buildings, land and
uses which hereafter become nonconforming due to any reclassification of zones under
this chapter.
26.76.060 Public Acquisition. Whenever any lot, any building, any structure, or any
use is rendered nonconforming within the meaning hereof solely by
1) dedication to, or purchase by, the City for any public purpose; or,
2) eminent domain proceedings.
Which result in the acquisition by the City of a portion of such property, the same shall
not be deemed nonconforming within the meaning of this article. Provided however that
if subsequent to such acquisition, the buildings and/or structures located upon such lot are
wholly destroyed, no reconstruction shall take place unless compliance is had with all
applicable provisions of this chapter. In the event, however, subsequent to such
acquisition, the buildings and/or structures located upon such lot are destroyed to the
extent of not more than fifty percent of their reasonable replacement value, at the time
their destruction, the provisions of Section 26.76.040 of this chapter shall apply to any
reconstruction of said buildings and/or structures.
/Ir
March 1, 1982
NONCONFORMING USES
1. HOAMS POOLS, 72-381 Highway 111: Vehicle Storage Yard
2. PALMS TO PINES CHEVRON, 72-801 Highway III: Outside Repair & Storage of
Vehicles.
3. SHELL STATION, 73-051 Highway 111: Vehicles for Sale
4. PALM DESERT GLASS, 73-185 Highway 111: Storage yard, Vehicles, Supplies
5. 76 STATION/AVIS RENT A CAR, 73-801 Highway III: Outside Storage of Rental
Cars
6. A.J. CONSTRUCTION COMPANY, 74-428 Highway III: Outside Storage
7. SUTTON APPLIANCE, 74-428 Highway 111: Outside Storage
8. HOUSTON LUMBER, 74-124 Highway 111: Outside Storage
9. PROTECTION SERVICES, 74-214 Highway III: Outside Storage of Vehicles
10. J & E AUTOMOTIVE, 74-196 Highway 111: Service Industrial Use
11. UGLY DUCKLING RENT A CAR, 73-960 Highway III: Storage of Rental Cars on
Street
12. AARTS LIGHTING, 73-330 Highway III: Outside Storage, Supplies Equipment &
Vehicles
13. PDQ CAR WASH, 73-230 Highway 111: Service Industrial Use
14. HERTZ RENTA A CAR, 73-230 Highway 111: Outside Storage of Vehicles
15. PALM DESERT PET HOSPITAL, 73-120 Highway 111: Boarding of Pets?
16. AUTO SOUND, 73-086 Highway 111: Outside Repair, Installation
17. PALM DESERT AIR CONDITIONING, 73-038 Highway 111: Outside Storage
INTEROFFICE MEMORANDUM
CITY OF PALM DESERT
TO: JOINT STUDY SESSION - PLANNING COMMISSION AND CITY COUNCIL
FROM: DEPARTMENT OF ENVIRONMENTAL SERVICES
SUBJECT: NONCONFORMING USES DATE: MARCH 16, 1982
BACKGROUND•
As a part of the "Nonconforming Use" study the Code Enforcement Division provided this
department with a list of Highway I I I nonconforming uses.
ANALYSIS:
The following is an analyzed breakdown of nonconforming uses
1. Storage of vehicles associated with conforming commercial
operations is a problem in 9 of the 17 nonconforming situations.
2. Storage of supplies etc. associated with a conforming commercial
use was a problem in 6 of 17 nonconforming uses.
(Note: Some overlap of problems in 1 and 2)
3. Outside work areas were a problem in 2 of 17 uses.
4. Nonconforming primary uses were in evidence in 4 of 17 uses.
a. PDQ Car Wash
b. J & E Automotive Repair
c. Palm Desert Glass
d. Palm Desert Pet Hospital
DISCUSSION:
A. As a matter of policy the City should determine if the parking
of vehicles in a commercial area is a violation . Present code
does not specifically address the issue of vehicle parking but
does prohibit outdoor storage. Is city policy to continue to
treat this as a nonconforming situation because the use constitutes
commercial storage?
t _
NONCONFORMING USES
MARCH 16, 1982
DISCUSSION (CONTINUED)
B. As a matter of policy, the City should determine if all commercial
uses need be conducted within an enclosed building. Would ancillary
outdoor storage be acceptable if:
a. The storage is clearly an ancillary use to the primary use
of the site.
b. The storage is not visible from any public street.
If this were the established policy then outdoor storage could exist and
six existing nonconforming uses would have the opportunity to remain in
operation.
C. The City should consider the following nonconforming uses and
determine if they should be terminated.
a. PDQ Car Wash
b. 7 & E Auto Repair
c. Palm Desert Glass
d. Palm Desert Pet Hospital
Considering the nature of the "Pet Hospital Use", Staff feels that the
code should be amended to permit small animal hospitals in the C-1
zone subject to the issuance of a Conditional Use Permit. A proposed
ordinance amendment is attached hereto for information purposes.
STEVE SMITH, Associate Planner
/pa
- 2 -
EXHIBIT " A "
15.04.377 Hospital, Small Animal. An establishment in which veterinary services, clipping,
bathing, boarding and other services are rendered to dogs, cats and other small animals
and domestic pets.
Amend Section 25.28.030 by adding W under Conditional Usesto read:
(K)Small animal hospital.
a
MUNICIPAL CODE SECTION 25.76
INCONSISTENCIES & PROBLEMS
1. Seems to be a lack of distinction between some areas for establishing Group "A",
nonconforming uses and Group "B", nonconforming uses.
EXAMPLE:
Section 020 (E) in commercial and industrial zones - group "A", nonconforming
uses of buildings are uses not listed as permitted but a general type (ie:
commercial in commercial) and are determined by Planning Commission to be not
detrimental.
In Section 030 (E) group "B", nonconforming uses are those uses expressly
prohibited and those other uses not provided for in zone. (These uses should have to
be determined to be detrimental by Planning Commission).
QUESTION:
Could a person who does not ask for and obtain Planning Commission
determination for commercial property in a commercial zone, have said property
automatically determined as a Group "B" nonconforming use?
2. Section 030 F - Nonconforming use in conforming building or Group "A"
nonconforming building, must cease in five years.
Section 030 (G) - Nonconforming use in Group "B" nonconforming building, can
continue forever.
3. Section 040 - Nonconforming use of land with no building or only accessory
buildings must be deemed by City Council to be detrimental and then removed in
five years.
QUESTION:
Does this Section (040) take precedence over Section 030 (E)?
BASIC PROBLEMS:
1. Lack of consistency in determining nonconforming uses (Some require Planning
Commission findings and other don't).
2. Some small problems must be removed five years. Big problems can stay forever.
3. Lack of consistency 030 versus 040.
fw '
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INTEROFFICE MEMORANDUM
City of Palm Desert
MAR - 8 1982
ENVIRONMENTAL SERVICES
TO: RAY DIAZ, Dir. of Environmental Servicc'es,0F PALM DESERT
FROM: DAVE ERWIN, City Attorney
SUBJECT: Ordinance Re Abatement of DATE: March 4 , 1982
Non-Conforming Lots, Buildings,
Uses and Land
Dear Ray:
Enclosed you will find the Ordinance Providing for
Notice and Hearing on Abatement of Non-Conforming Lots,
Buildings, Uses and Land, for your review and processing.
Yours very truly,
,DAVID J. ERWIN
DJE: st
encl . Fp
� t
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM DESERT,
CALIFORNIA, PROVIDING FOR NOTICE AND
HEARING ON ABATEMENT OF NON-CONFORMING
LOTS, BUILDINGS, USES AND LAND.
The City Council of the City of Palm Desert,
California, DOES HEREBY ORDAIN as follows:
SECTION 1: That Section 25.76.130 be and the same
is hereby added to the Code of the City of Palm Desert,
California, to read as follows :
1125. 76.130 NOTICE AND HEARING: APPEAL.
A. Notice of Non-Conformity. The owner or occupant of
property that is determined to be a non-conforming lot,
building or use under Chapter 25. 76, shall receive a notice,
in writing, of that determination. The notice shall state
the grounds for the decision, and shall require the
non-conforming lot, building, use or land to be abated
within a time determined by the City Staff to be reasonable.
The letter shall advise that if the non-conforming lot,
building or use is not abated within the time specified, the
abatement work will be completed by the City and the costs
thereof will be charged against the property or its owner.
The notice shall furthermore provide that any person having
any record title or legal interest in the building or lot,
may request a hearing, provided the request is made in
writing, as provided in this code, below, and filed with the
City within thirty (30 ) days from the date of service of
such notice. The notice shall, finally, provide that
' failure to request a hearing will constitute a waiver of all
right to an administrative hearing and determination of the
matter.
B. Service of Notice of Non-Conformity. The notice
and order, and any amended or supplemental notice and order
shall be served upon the record owner, and posted on the
property. One copy thereof shall be served on each of the
following persons, if known to the City or disclosed from
public records :
1) The holder of any mortgage or deed of trust
or other lien or encumbrance of record.
2 ) The owner or holder of any lease of record;
3 ) The holder of any other estate or legal in-
terest of record in or to the building, or the land on which
it is located. The failure of the City to serve any person
required herein to be served, shall not invalidate any pro-
ceedings hereunder as to any other person duly served or
relieve any such person from any duty or obligation imposed
on him by the provisions of this section.
C. Method of Service; Effective Date of Service.
Service of the notice shall be made upon all persons
entitled thereto, either personally, or by mailing a copy of
such notice and order by certified mail, postage pre-paid,
return receipt requested, to each such person at his address
as it appears on the last equalized assessment role of the
County or as known to the City. If no address of any such
person so appears, or is known to the City, then a copy of
the notice shall be so mailed, addressed to such person, at
the address of the lot or building, involved in the
proceedings. The failure of any such person to receive such
notice shall not affect the validity of any proceedings
taken under this section. Service by certified mail in the
manner herein provided shall be effective on the date of
mailing.
-1-
i
D. Proof of Service. Proof of service of the notice
shall be certified to at the time of service by written
declaration, under penalty of perjury executed by the per-
sons effecting such service, declaring the time, date and
manner in which service was made. The declaration, together
with any receipt card returned .and acknowledgment of receipt
by certified mail shall be affixed to the copy of the notice
and retained by the City Staff.
E. _Request for Hearing. Any person entitled to
notice under 25 . 76. 130(B) above may, within 30-days of
receipt of said notice, request a hearing. The request for
hearing shall be in writing, and shall contain the following
information:
(a) A brief statement setting forth the legal
interest of each of the persons requesting the hearing in
the building, land, or lot involved.
(b) A brief statement in ordinary and concise
language, of the specific City action protested, together
with any material facts claimed to support the contentions
of the persons requesting the hearing.
(c ) A brief statement, in ordinary and concise
language, of the relief sought, and the reasons why it is
claimed the protested City action should be reversed,
modified or otherwise set aside.
(d) The signatures of all parties requesting the
hearing, and their official mailing addresses.
(e) The verification, by declaration under
penalty of perjury, of at least one person who is requesting
the hearing, as to the truth of the matters stated in the '
request for hearing.
F. Abatement Hearing Board Established. In order to
provide for final interpretation of the provisions of this
Chapter, and to conduct hearings provided for below, there
is hereby established an Abatement Hearing Board,
hereinafter referred to as the "BOARD" , consisting of three
(3 ) members. One such member shall be a member of the City
Council . A second member shall be a member of the Planning
Commission. A third member shall not be an employee of the
City. The Director of Environmental Services shall be an
ex-officio member of, and shall act as secretary to the
Board. The board shall be appointed by the City Council and
shall hold office at its pleasure. The Board shall adopt
reasonable rules and regulations for conducting its
business, and shall render all decisions and findings, in
writing, to the person requesting a hearing, with a copy to
the Director of Environmental Services . Copies of all rules
and regulations adopted by the Board shall be delivered to
the Director of Environmental Services, who shall make them
freely accessible to the public.
G. Notice of Hearinq; Form. As soon as
practicable, after receiving the written request for
hearing, the Board shall fix a date, time, and place for the
hearing by the Board. Such date shall be not less than ten
(10 ) days, nor more than sixty (60) days from the date the
request for hearing was filed. Written notice of the time
and place of the hearing shall be given at least ten (10)
days prior to the date of the hearing, to each person
requesting a hearing by the Secretary of the Board, either
by causing a copy of such notice to be delivered to the
persons requesting the hearing personally, or by mailing a
copy thereof, postage pre-paid, addressed to the person
requesting the hearing at his address shown on the request
for a hearing. The notice to the person requesting the
hearing shall be substantially in the following form, but
may include other information:
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"You are hereby notified that a hearing will be held
before the Abatement Hearing Board at on the
day of , 198 , at the hour of
upon the notice served upon you. You may be
present at the hearing. You may be, but need not be,
represented by counsel. You may present any relevant
evidence and will be given full opportunity to cross-examine
all witnesses testifying against you. You may request the
issuance of subpenas to compel the attendance of witnesses,
and the production of books, documents or other things by
filing an affidavit therefore with the Abatement Hearing
Board"
H. Hearing Procedures. The following procedures
shall apply to the conduct of the hearing:
1) The hearing shall take place before the three
members of the Abatement Hearing Board, who shall act as
hearing examiners to conduct the hearings.
2 ) A record of the entire proceeding shall be
made by tape recording, or by any other means of permanent
recording, determined to be appropriate by the Board.
3 ) The proceedings at the hearing shall also be
reported by a stenographic reporter, if requested by any
party thereto . A transcript of the proceedings shall be
made available to all parties, upon request and upon payment
of the fee prescribed therefor. Such fees may be
established by the Board, but shall, in no event, be greater
than the cost involved.
4) The Board may grant continuances for good
cause shown.
' 5) In any proceedings under this chapter, the
Board, or any Board Member, has the power to administer
oaths and affirmations and to certify to official acts .
6) The Board and its representatives shall
proceed with reasonable dispatch to conclude . any matter
before it. Due regard shall be shown for the convenience
and necessity of any parties or their representatives.
7 ) The Board may obtain the issuance and service
of a subpena for the attendance of witnesses, or the produc-
tion of other evidence at a hearing upon the request of a
member of the Board, or upon the written demand of any
party. The issuance and service of such subpena shall be
obtained upon the filing of an affidavit therefore, which
states the name and address of the proposed witness; speci-
fies the exact things sought to be produced and the
materiality thereof in detail to the issues involved; and
states that the witness has the desired things in his
possession or under his control . The subpena need not be
issued, when the affidavit is defective in any particular.
8) Hearings need not be conducted according to
the technical rules relating to evidence and witnesses .
9) oral evidence shall be taken only on oath or
affirmation.
10) Hearsay evidence may be used for the purpose
of supplementing or explaining any direct evidence, but
shall not be sufficient, in itself, to support a finding
unless it would be admissible over objection in civil
actions in courts of competent jurisdiction in this state.
11 ) Any relevant evidence shall be admitted, if
it is the type of evidence on which responsible persons are
accustomed to rely in the conduct of serious affairs,
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1
regardless of the existence of any common law or statutory
rule, which might make improper the admission of such
evidence over objection in civil actions in courts of
competent jurisdiction in this state.
12 ) Irrelevant and unduly repetitious evidence
shall be excluded.
13 ) In reaching a decision, official notice may
be taken, either before or after submission of the case for
decision, of any fact which may be judicially noticed by the
courts of this state, or of official records of the Board or
Departments and ordinances of the City of Palm Desert, or
rules and regulations of the Hearing Board.
14) The Board, may inspect any buildings or lots,
involved in the hearing during the course of the hearing,
provided that notice shall be given to the parties before
the inspection is made, the parties are given an opportunity
to be present during the inspection, and the Board shall
state for the record upon completion of the inspection, the
material facts observed and the conclusions drawn therefrom.
Each party then shall have a right to rebut or explain the
matters so stated by the Board.
15) The hearing shall be open to the public.
16) The City shall have the burden of proof, and
shall first present its evidence. The party requesting the
hearing may then cross-examine the witnesses presented on
behalf of the City. The person requesting the hearing may
then present evidence. The City may then cross-examine the
witnesses presented on behalf of person requesting the
hearing.
17) Upon receipt of all the evidence, the Board ,
shall then retire to deliberate and shall render a decision
not less than five (5) days after the date of the hearing.
The City has the burden of persuasion by a preponderance of
the evidence; which burden shall be taken into consideration
by the Board in rendering its decision.
18) The decision of the Board shall be in writing
and shall contain findings of fact, a determination of the
issues presented, and shall also contain the requirements to
be complied with by the person requesting the hearing. A
copy of the decision shall be delivered to the person re-
questing the hearing, personally, or sent to him by
certified mail, postage prepaid, return receipt requested.
The effective date of the decision shall be as stated
thereon.
I . Rights of Parties At the Hearing. Each party
shall have these rights, at the hearing:
1 ) To call and examine witnesses on any matter
relevant to the issues of the hearing.
2) To introduce documentary and physical
evidence.
3 ) To cross-examine opposing witnesses on any
matter relevant to the issues of the hearing.
4) To impeach any witness, regardless of which
party first called him to testify.
5 ) To rebut the evidence against him.
6 ) To represent himself, or to be represented by
anyone of his choice, including an attorney at law, who is
lawfully permitted to do so.
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J. Appeal to City Council . The decision of the Board
may be appealed to the City Council within ten (10 ) days of
the date of service of the decision of the Board. The
Council shall hear the appeal as soon as practicable. The
appeal shall not be de novo, and shall be based only on the
hearing transcript, the evidence presented at the hearing,
those matters officially noticed, and the written decision
of the Board. Any action of the Board shall be stayed
pending the outcome of the appeal . The decision of the City
Council shall be final .
SECTION 2 . The City Clerk shall certify to the
passage and adoption of this ordinance and shall cause the
same to be published once in The Palm Desert Post, a
newspaper of general circulation printed, published and
circulated in the City of Palm Desert and the same shall be
in full force and effect thirty (30 ) days after its
adoption.
PASSED, APPROVED and ADOPTED this day of
1982, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
S. ROY WILSON, Mayor
City of Palm Desert, California
' ATTEST:
SHEILA R. GILLIGAN, City Clerk
City of Palm Desert, California
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City Of Palm Desert
Interoffice Memorandum
TO: CITY COUNCIL AND PLANNING COMMISSION
FROM: DIRECTOR OF ENVIRONMENTAL SERVICES
SUBJECT: NONCONFORMING USES
DATE: MARCH 16, 1982
I. INTRODUCTION:
The purpose of this report is`to request clarification the City's present posture as it
relates to nonconforming uses. During the Director's first six months with the
City, the question which constantly arose was "when is the City going to do
something about the nonconforming uses?" Time's up.
A key legal question arose `"wa's _a five year written notice to abate a
nonconforming use required?" Initial legal opinion was affirmative,'subsequent
investigation reversed that opinion. The next step was instituting an abatement
procedure. The City Attorney has written an ordinance to establish the procedure.
Having a legal right to proceed and a procedure, does staff proceed and what will
be the potential impact? r
WA11- • Xofm, lu AyATG
ZD f'c �o C"o
'Peox, fo
H. THE LAW: lglalew",J Kevr.w R3oayo4
This portion of the report will attempt to set forth existing legal requirements--it
should be remembered that all ordinances can be revised; and the purpose of this
'discussion is to determine if the City should proceed or amend its ordinances.
C/
t i u i o o Al • C aa ��rfe 2 G rm y-a e
The critical uses are those that are identified in the ordinance as Group B.
"Section 25.76.030 Group B, nonconforming buildings and uses are
those which are detrimental in the zone; they shall be termin-
ated or removed within a specified period. The period shall be
measured from December 11, 1975, or from the date such use or
building becomes nonconforming, whichever is later."
Later Section (e) states
"Group B, nonconforming uses shall be those uses in any zone which
are expressly prohibited and those other uses which are not provided
for in the zone."
Since each zone states those uses not permitted are specifically prohibited.`
Now the issues become a little more complicated:
01. A Group B nonconforming nonresidential use in a conforming building or
Group A* nonconforming building must abate in five years; but,
2. Such a use in a nonconforming building may continue for the duration of the
building. Depending on the type of construction, such use could continue for
pup to-twenty years.
It should be noted that Section 25.76.030 could be internally inconsistent: To quote
J
Section 25.75.030 (b)(1)(2):
*Group A nonconforming buildings are those buildings which do not conform to the
building height, yards, distance between buildings, floor area ratio, and minimum size of
dwelling unit standards for the zone in which they are located.
-2-
"Group B, nonconforming buildings are as follows:
7 1. In residential zones, industrial buildings, and commercial buildings
other than those specifically permitted, shall be considered as Group
B, nonconforming.
/2/ In commercial and industrial zones, residential buildings not
specifically permitted in the zone shall be considered as Group B,
nonconforming."
The question becomes "is a converted residence a commercial building or a
residential building for purposes of Group B determination?" This question
becomes critical since a residence converted, for example, to a doctor's office
would have to abate in five years because it is a conforming building; so Section F
applies:
"A Group B, nonconforming use of a conforming or a Group A
nonconforming building shall, within five years, be completely
terminated..."
But, if the determination is that it is now a commercial building then it is a
nonconforming building and Section G applies:
"A Group B, nonconforming-nonresidential use in a Group B
nonconforming building may continue for the duration of the
building..."
up to twenty years depending on the type of construction.
:First action might be to determine it a .residence and have'ttie use abated re
immediately;'-however if this is done then residences converted to commercial
buildings`in commercial areas must also be regarded as residential buildings which
would make them nonconforming buildings in that zone and permit the uses there in
to continue for the duration of the building. / -
hko c�p.�[eV'wt,Nf/Tl a►J C 4�t ��a•'�c 2 " he- G >'r wide.
`
-3-
III. WHAT DOES IT ALL MEAN?
What all the above means is that along Hwy 74 the existing restaurants must abate_
;immediately;.the hotels must apply for a conditional uses permit and reduce their
density to eighteen units per acre. Why? 'because they are all nonconforming uses
tin conforming or Group A nonconforming buildings.;
,Along Highway 111 ail nonretail, nonoffice uses will be required to conform. All
motels and hotels exceeding twenty-four units per acre, and all service stations and
restaurants will necessitate.a conditional use,permit. Sew +.CtiF['�tre+
Within the residential areas there is no question that these uses cease. ,The City
may wish to reexamine its previous policies relating to nonconforming uses; the
attached ordinance may serve as a basis for such a revision in policy.
The attached ordinance eliminates nonconforming uses in residential zones
immediately. In commercial areas, it permits nonconforming uses to continue but
prohibits" expansion. Should a nonconforming use be terminated for six months or
succeeded by another use the vested right is ended. There is also a section deaing
with nonconformity caused by public acquisition.
Attached is also the�rovisions
�esent ordinance. AlSf�rike-out-insert" was not done because
the entire existin would be replace
IV. WHAT'S THE PROBLEM?
In terms of the nonconforming uses within the City's commercially zoned areas the
problem is principally one of appearance rather than use. The Council and
Commission may wish to instruct staff to prepare ordinances to handle the
aesthetic or appearance condition.
-4-
ORDINANCE RELATING TO NONCONFORMING LOTS, USES AND BUILDINGS
25.76.020 - Nonconforming lots buildings and uses in residential zones.
A. All nonconforming uses within any esi en a zo`nZe''snV1 terminate or be
made to conform within five yy/earssf of its initial establishment or date it became
nonconforming. ("-�A
B. A nonconforming building within a residential zone shall be permitted to
expand providing the expanded area conforms to this chapter.
C. A nonconforming lot may be developed, if it has been legally created and
the construction proposed is conforming.
26.76.030 - Nonconforming lots, buildings and uses in nonresidential zones.
A. Nonconforming use limits other uses - While a nonconforming residential use
exists on any lot, no new use may be established thereon, even though such new use would
be a c nforming use.
Nonconforming use of conforming building - The nonconforming use of a
building existing on December 1, 1975, may be continued; provided such nonconforming
use shall not be expanded or extended into any other portion of the conforming building,
and if such nonconforming use is discontinued, and future use of such building shall
conform to the provisions of this chapter. -
C. Nonconforming use of a nonconforming building - The nonconforming use of
a nonconforming building may be continued but may not be expanded or extended within
such building.
D. Change in status of nonconforming use - If a nonconforming use is
discontinued for a period of six months or is succeeded by another and conforming use, it
is evidence that the nonconforming use has ended and any vested right to the continuance
of such use is terminated.
E. Nonconforming buildings - A nonconforming building may be expanded
provided the expansion conforms to the requirements of this chapter.
26.76.040 Reconstruction of nonconforming Building Partially Destroyed. A
nonconforming building which is destroyed to the extent of not more than fifty percent of
its reasonable replacement value at the time of its destruction may be restored and the
occupancy or use of such building or pat thereof which existed at the time of such partial
destruction may be c. NwL subject to all other provisions of this part.
26.76.050 Nonconforming uses and nonconforming buildings Resulting from
reclassification - the foregoing provisions of this part shall apply to buildings, land and
uses which hereafter become nonconforming due to any reclassification of zones under
this chapter.
26.76.060 Public Acquisition. Whenever any lot, any building, any structure, or any
use is rendered nonconforming within the meaning hereof solely by
1) dedication to, or purchase by, the City for any public purpose; or,
2) eminent domain proceedings.
Which result in the acquisition by the City of a portion of such property, the same shall
not be deemed nonconforming within the meaning of this article. Provided however that
if subsequent to such acquisition, the buildings and/or structures located upon such lot are
wholly destroyed, no reconstruction shall take place unless compliance is had with all
applicable provisions of this chapter. In the event, however, subsequent to such
acquisition, the buildings and/or structures located upon such lot are destroyed to the
extent of not more than fifty percent of their reasonable replacement value, at the time
their destruction, the provisions of Section 26.76.040 of this chapter shall apply to any
reconstruction of said buildings and/or structures.
/lr
PROOF OF PUBLICATION
(2010* 2015. 5 CCP)
PROOF OF PUBLICATION OF
ZOA 04- 82
ZOA 04-82
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
principal clerk of the printer
of THE DESERT POSTS
a newspaper of general circula— CITL�OFi,PAMDES Rt
Lions printed and published weekly CASENWROA"ga
in the city of Riversides County N T,IClgbl;EREB
NLihaf orPubl+ Hear,J II
of Riversides and which newspaper be�neia nerbr. . ?n
er1++P,I anrr����g o. m'7
cons9tler�9TL In Orp
has been adjudged a newspaper of mEE
conf_ontlr�,n ing lot h Id
general circulation by the sRandOanaI
ubli
Superior Court of the County of AID�Mw ea98
rn I h Itl n Mav
Riversides State of California• me'c lc o
under date of October 59 1964* Palm a . i trickly o n
Desert Califor aEg hich time,and Iacllw
Case number 83658; that the estea tpersons�a ql yit
ttentl¢antl be h
notices of which the annexed is RAMON DIA
Secretorr
a printed copy* has been published Polm4Deser P n
Commi lion
in each regular and entire issue
of said newspaper and not in any
supplement thereof on the following
dates* to-wit;
04/22 s1982
I Certify (or declare) under
penalty of perjury that the
foregoing is true and correct.
Dated April 22s 1982
at Riversides California
CITY OF PALM DESERT
April 14, 1982
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 04-82
NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert
Planning Commission to consider a Zoning Ordinance Amendment relating to
nonconforming lots, buildings, uses and land.
SAID Public Hearing will be held on May 4, 1982, 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 persons are invited to attend and be heard.
RAMON A. DIAZ, Secretary
'Palm Desert Planning Commission
PUBLISH: Palm Desert Post
April 22, 1982
/pa
INTEROFFICE MEMORANDUM
CITY OF PALM DESERT
TO: PLANNING COMMISSION (STUDY SESSION)
FROM: DEPARTMENT OF ENVIRONMENTAL SERVICES
SUBJECT: INITIATION OF A ZONING ORDINANCE DATE: APRIL 6, 1982
TEXT AMENDMENT PERTAINING TO
CHAPTER 25.76 NONCONFORMING LOTS,
BUILDINGS, USES AND LAND.
BACKGROUND:
At the March 16, 1982, joint Planning Commission - City Council session, staff advised
that the time for the City to act in the matter of nonconforming uses, buildings, lots and
land had arrived. A list of nonconforming uses was circulated along with the staff report.
It was the general concensus that the present code Section 25.76, should be replaced with
one which makes its intent clear and concise and which changes substantially the
provisions relating to nonconforming uses.
As was proposed at the joint session, it is staff's intention to prepare a new Section 25.76
which will do among other things, the following:
A. Within the single family residential zone, it will eliminate
nonconforming uses immediately.
B. In nonresidential zones, nonconforming uses will be permitted to
continue but expansion will be prohibited.
C. Require that any open storage of materials be adequately screened
from view.
DISCUSSION:
A major area of concern involved the parking of vehicles associated with conforming
businesses. If the City wishes to make the determination that parking of business vehicles
in a commercial zone is a nonconforming use, then staff can write such a provision in the
new Section 25.76.
Another area of concern involves the Palm Desert Pet Hospital located on Highway III
east of Monterey Avenue. A pet hospital is not a permitted use in a C-1 zone.. Staff feels
that it would not be inappropriate to permit small animal hospitals in the C-1 zone,
subject to the issuance of a Conditional Use Permit.
Another area of concern involves whether or not the City wishes to permit commercial
operations in other than wholly enclosed buildings. Specifically, two instances of
commercial activity being conducted outdoors exist. They are minor auto repair work at
several service stations and the installation of auto stereo systems in the parking lot of
the retailer of said stereo system.
INITIATION OF ZONING ORDINANCE TEXT AMENDMENT
PERTAINING TO CHAPTER 25.76 NONCONFORMING LOTS,
BUILDINGS, USES AND LAND
APRIL6, 1982
The City Attorney has provided staff with a draft Ordinance which will provide for the
establishment of the Abatement Hearing Board. This draft Ordinance also provides for
specific notice to owners of nonconforming cases and buildings and confers upon the
owner the right to a hearing before the Abatement Hearing Board.
CONCLUSION:
Before staff can process these amendments, the matter must be formally initiated. That
is the major purpose of this report.
Secondly, staff would request some direction with specific items as to whether they
should be included or not (ie: allow outdoor storage provided it is adequately screened,
allow the parking of business vehicles in commercial areas, allow minor commercial
activities in other than wholly enclosed buildings),
Thirdly, staff requests that it be directed to process a zoning ordinance amendment to
allow small animal hospitals in the C-1 zone, subject to a Conditional Use Permit.
/pa
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