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HomeMy WebLinkAboutZOA 05-82 EXPIRATION DATES 1982 ORDINANCE NO. 304 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE MUNICIPAL CODE SECTION 25.56. CASE NO. ZOA 05-82 WHEREAS, the City Council of the City of Palm Desert, California, did on the 24th day of June, 1982, hold a duly noticed public hearing, to consider amendments to Section 25.56. WHEREAS, the Planning Commission, by Resolution No. 801, 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. 80-8911, 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 proposed amendment. 1. That the Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. 2. That the Zoning Ordinance Amendment is consistent with the adopted General Plan. 3. That the Zoning Ordinance Amendment would better serve the public health, safety, and general welfare, than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the 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 it does hereby aprove a Zoning Ordinance Text Amendment, as provided in the attached exhibit, labeled Exhibit "A", to amend Municipal Code Section 25.56. 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 24th day of June, 1982, by the following vote to wit: AYES: WILSON, McPHERSON, SNYDER, NEWBRANDER, PULUQI NOES: NONE ABSENT: NONE ABSTAIN: NONE . R WILSON, Mayor l ATTEST: SHEILA R. GIL_LiCAN, City City of Palm Desert, Califo 'a /Pa CITY COUNCIL ORDINANCE NO. 304 EXHIBIT "A" Add: Section 25.56.480 - Expiration dates of application approvals. Notwithstanding any other provisions of this code related thereto, the anniversary date of any application approvals shall be tied to the effective approval date of the Tentative Tract Map as processed for that property. When there is no Tentative Tract Map application involved with a particular property, the anniversary date for determining the expiration of any application approvals shall be tied to the effective approval date of the most recently approved application. When there is only an individual application relating to a particular property, then the expiration date of said application shall be as set forth in the code relating to that application. i May 20, 1982 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 05-82 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider a Zoning Ordinance Amendment to modify the provisions pertaining to expiration dates of applications. SAID Public Hearing will be held on June 10, 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 City of Palm Desert, California PUBLISH: Palm Desert Post May 27, 1982 /pa s 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. 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 XH. 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 /Ir -4- PLANNING COMMISSION RESOLUTION NO 801 A RESOLUTION OF THE PLANNIONG COMMISSION OF THE CITY OF PALM DESERT RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO THE MUNICIPAL CODE SECTION 25.56. CASE NO. ZOA 05-82 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 25.56. 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 recormnend to the City Council approval of a Zoning Ordinance Text Amendment a.s provided in the attached Exhibit "A". 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: CRITES, MILLER, RICHARDS, WOOD NOES: NONE ABSENT: KRYDER ABSTAIN: NONE GEORGE D. KRYDER, Chairman ATTEST: RAMON A. DIAZ, Secretary s Y spa PLANNING COMMISSION RESOLUTION NO. 801 EXHIBIT "A" Add: Section 25.56.480 - Expiration Dates of Application Approvals. Notwithstanding any other provisions of this code related thereto, the anniversary date of any application approvals shall be tied to the effective approval date of the Tentative Tract Map as processed for that property. When there is no Tentative Tract Map application involved with a particular property, the anniversary date for determining the expiration of any application approvals shall be tied to the effective approval date of the most recently approved application. When there is only an individual application relating to a particular property, then the expiration date of said application shall be as set forth in the code relating to that application. J - 2 - M City of Palm Desert Staff Report TO: Planning Commission DATE: May 4, 1982 CASE NO: ZOA 05-82 PROPOSED AMENDMENT:Request for a zoning ordinance amendment to join together all applications on an individual property for the purposes of determining the expiration date of said applications. INITIATED BY: City of Palm Desert I. BACKGROUND: In the past few months, staff have processed several applications for development which had been previously reviewed by the city. Through an unforseen series of events, the applicant had allowed the application to expire prior to filing a time extension request. This problem of failing to file a timely request for extension can be understood when a single development can require a series of 4 or 5 applications (ie: Change of Zone, Development Plan, Tentative Tract Map, Design Review Approval, Conditional Use Permit and Variance), to be approved by the City. Usually the applications are filed one or two at a time and not all are processed concurrently. This is because the applicant doesn't wish to place all his eggs in one development plan. In most cases then, the applicant has a series of applications all approved at different times. In addition, the Municipal Code provides for different periods of time before a decision expires for different applications (ie: Tentative Maps - 2 years, Conditional Use Permits - 1 year, Development Plans - 1 year). These above noted problems were reviewed by Planning Commission at its April 6, 1982, study session at which time staff was instructed to prepare and process a zoning ordinance text amendment to try and resolve the problem. II. DISCUSSION: The basic problem seems to relate to the number of applications and the different expiration dates for each. The proposed amendment will have the effect of joining together all applications submitted for an individual property for the purposes of determining expiration dates. The proposed ordinance (copy attached) generally provides that the anniversary date for determining the expiration of any application approvals shall be tied to the effective approval date of the Tentative Tract Map. When there is no Tentative Tract Map application involved with a particular property, the anniversary date for determining the expiration of any application approvals shall be tied to the effective approval date of the most recently approved application. When there is only an individual application relating to a particular property, then the expiration date of any approval shall be as set forth in the code relating to that application. III. ENVIRONMENTAL FINDINGS: The Director of Environmental Services has reviewed the proposed ordinance amendment 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 approval of a zoning ordinance amendment to the City Council to join together all applications on an individual property for the puropose of determining the expiration date of applications. - 1 - CASE NO. ZOA 05-92 MAY 4, 1982 V. ATTACHMENTS: 1. Draft Resolution Prepared by: Reviewed and approved by: /pa - 2 - I PLANNING COMMISSION RESOLUTION NO: - A RESOLUTION OF THE PLANNIONG COMMISSION OF THE CITY OF PALM DESERT RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO THE MUNICIPAL CODE SECTION 25.56. CASE NO. ZOA 05-82 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 25.56. WHEREAS, said amendment complies with the requirements of the City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-8911, 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 as provided in the attached Exhibit "A". 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 /pa I PLANNING COMMISSION RESOLUTION NO. #### EXHIBIT "A" Add: Section 25.56.480 - Expiration Dates of Application Approvals. Notwithstanding any other provisions of this code related thereto, the anniversary date of any application approvals shall be tied to the effective approval date of the Tentative Tract Map as processed for that property. When there is no Tentative Tract Map application involved with a particular property, the anniversary date for deter mining the expiration of any application approvals shall be tied to the effective approval date of the most recently approved application. When there is only an individual application relating to a particular property, then the expiration date of said application shall be as set forth in the code relating to that application. _ 2 _ I PROOF Ot PUBLICATION (20109 2015.5 CCP) PROOF OF PUBLICATION OF ZOA-05-82 ZOA 05-82 1 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- tions printed and published weeklyCITY LEGAL NOTICEN DESERT O ICE CASEE NO.ZOA W82 in the city of Riversides County NOTICH' IS HEREBY GIV- EN that a,Pub 1 ling will of Riversides and which newspaper se held betorei De- sert PlonningCO 5si5ion to to has been adjudged a newspaper of consider a zoning dinance Amendment to modIN the pro- general circulation by the visions o tolnlnc to e.plro- tion tlot t,app cfltIons. Superior Court of the County of SAID Public Hear n9 will be Pheld.M On MoV 7 at 7:00 Riverside, State of Californian in th in alit C' I1am6ers under date of October Ss 1964, 4 the Pahl( Lane, d5-lm PrfC - r Lane, Palm Deser, ltornia, at Case number 83658; that the which time, all inter- notice,,, of which the annexed is esied persons oa in to Off end and tx hear in 4.g I I RAMON A. DIAZ�C a printed copy, has been published Seccerory rS� Palm De$e(1 a`nflIng in each regular and entire issue Commis¢toN ': FDP4/22 � 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 229 1982 at Riversides California CITY OF PALM DESERT May 7, 1982 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 05-82 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider a Zoning Ordinance Amendment to modify the provisions pertaining to expiration dates of applications. SAID Public Hearing will be held on May 27, 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 City of Palm Desert, California PUBLISH: Palm Desert Post May 13, 1982 /pa April 15, 1982 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 05-82 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a Zoning Ordinance Amendment to modify the provisions pertaining to expiration dates of applications. 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: PROPOSED ZONING ORDINANCE AMENDMENT DATE: APRIL 6, 1982 TO JOIN TOGETHER ALL APPLICATIONS ON AN INDIVIDUAL PROPERTY FOR THE PURPOSES OF DETERMINING THE EXPIRATION DATE OF, THE APPLICATIONS. DISCUSSION• In the past few months, staff have processed several applications for development which had been previously reviewed by the City. Through an unforseen series of events, the applicant had allowed the application to expire prior to filing a time extension request. This problem of failing to file a timely request for extension can be understood when a single development can require a series of 4 or 5 applications (ie: Change of Zone, Development Plan, Tentative Map, Design Review Approval, Conditional Use Permit and Variance), to be approved by the City. Usually the applications are filed one or two at a time and not all are processed concurrently. This is because the applicant doesn't wish to place all his eggs in one development plan. In most cases then, the applicant has a series of applications all approved at different times. In addition, the Municipal Code provides for different periods of time before a decision expires for different applications (ie: Tentative Maps - 2 years, Conditional Use Permits - 1 year, Development Plans - 1 year). Therefore, staff is suggesting a code amendment to reduce the confusion on expiration dates with a series of applications. The proposed amendment would join all applications submitted for an individual property for the purposes of determining expiration dates. The most recent approval date would become the anniversary date for all previously approved applications. The applicant then would only be responsible for remembering one date rather than a series of four or five different dates. CONCLUSION: If it is agreed that this proposed amendment sounds like a reasonable solution to this ongoing problem, then staff would request that it be directed to prepare and process a Zoning Ordinance Text Amendment to this effect. /pa 0 w