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Home My WebLink AboutZOA 06-81 TIME EXTENSIONS 1981 ORDINANCE NO. 260 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT, MODIFYING THE PROCEDURE FOR GRANTING TIME EXTENSIONS IN CERTAIN ZONING MATTERS. CASE NO. ZOA 06-81 WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th day of May, 1981, hold a duly noticed Public Hearing to consider an amend- ment of the Zoning Ordinance pertaining to modifying the procedure for granting time extensions in certain zoning matters; and WHEREAS, the Planning Commission, by Resolution No. 703, has recommended approval ; and. WHEREAS, the proposed amendment is a minor alteration to land use limita- tions and therefore categorically exempt from the requirements of the California Environmental Quality Act; 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 a Zoning Ordinance Text Amendment: 1. That the Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. 2. That the Zoning Ordinance Amendment is consistent with the adopted General Plan. 3. That the Zoning Ordinance Amendment would better serve the public health, safety, and general welfare, than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the 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 approve a Zoning Ordinance Text Amendment, as provided in' the attached exhibit, labeled Exhibit "A", to amend Municipal Code Sections 25.72.110 and 25.78.110 deleting the requirement for a public hearing for time extensions in certain zoning matters. 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 2Rthday of M,y , 1981, by the following vote, to wit: AYES: McPherson , Newbrander, Puluqi , Snyder & Wilson NOES: None ABSENT: None ABSTAIN: None f S. Y ILS ayor ATTEST: SnLiLH R. 6I5L14'Atw City,��rk City of Palm Desert, Ca14- rnia ORDINANCE NO. 260 Page Two EXHIBIT "A" CHAPTER 25.72 CONDITIONAL USES 25.72. 110 Lapse of Conditional Use Permit. A conditional use permit shall lapsed shall become void one year following the date on which the use permit became effective, unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application, or a certificate of occupancy is required; provided that a use permit for a public utility install- ation may be valid for a longer period if specified by the Planning Commission. Prior to the expiration of the permit, the applicant may request a twelve-month time extension by filing with the Planning Commission. CHAPTER 25.78 VARIANCES AND ADJUSTMENTS 25.78.110 Lapse of Variance or Adjustment. A variance or adjustment shall lapse and shall become void one year following the date on which the variance or adjustment became effective unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward comple- tion on the site which was the subject of the variance or adjustment application, or a permit is issued authorizing occupancy of the site or structure which was the subject of the variance or adjustment application, or the site is occupied if no building permit or certificate of occupancy is required. Prior to the expiration of a permit, an applicant may request a twelve-month time extension by filing with the Planning Commission. _j MINUTES PALM DESERT PLANNING COMMISSION APRIL 15, 1981 Page Four VI. PUBLIC HEARINGS (cont. ) There was discussion regarding concerns over the gas station location and availability to the public as well as members. Mr. Diaz stated that since a Development Plan is required for the gas station details of the design and location could be reviewed then. Motion was made by Commissioner Richards, seconded by Commissioner McLachlan, to recommend approval to the City Council of Case Nos. C/Z 02-81, TT 15633, and ' TT 15640, by adoption of Planning Commission Resolution Nos. 697, 698 and 699; and approve Case Nos. DP 02-81, DP 03-81 and PM 17474 by Planning Commission Resolution Nos. 700, 701 and 702, subject to conditions. Carried unanimously (5-0). A FIVE MINUTE RECESS WAS CALLED AT 4:00 P.M. - MEETING RECONVENED AT 4:05 P.M. COMMISSIONER MCLACHLAN WAS EXCUSED FROM THE MEETING. D. Case No. ZOA 04-81 - CITY 'OF PALM DESERT, Applicant Request for consideration of change in City parking requirements. Mr. Diaz presented this case reviewing the staff report and recommending approval . This item was discussed by Commission and staff and because further study was necessary, it was decided to continue the matter to May 5, 1981. Motion was made by Commissioner Richards, seconded by Commissioner Berkey, to continue this case to May 5, 1981, for further study. Carried unanimously (4-0) . E. Case No. ZOA 05-81 - CITY OF PALM DESERT and RITTER AND ASSOCIATES, Applicants Mr. Sawa presented this case reviewing the request and stated that staff would like a .six month trial period to see how it worked in the Presidents' Plaza parking lot. Commissioner Kryder asked if staff observed any problems so far. Mr. Sawa noted that trash was being put on the ground around the bins. Motion was made by Commissioner Berkey, seconded by Commissioner Kryder, to continue this case for six months. Carried unanimously (4-0). Case No. ZOA 06-81 - CITY OF PALM DESERT, Applicant Request for modification of Time Extension Procedures. Mr. Diaz reviewed the staff report stating that the amendment would delete the requirement of a Public .Hearing for time extensions. He noted that public input in the past had been very minimal . Staff suggested that future time exten- sions be handled as part of the consent calendar. Motion was made by Commissioner Richards, seconded by Commissioner Berkey, to approve this amendment by adoption of Planning Commission Resolution No. 703. Carried unanimously (4-0) . VII. OLD BUSINESS A. Case No. GPA 01-80 (continued) - CITY OF PALM DESERT, Applicant This item was continued to the meeting of May 5, 1981. CITY OF PALM DESERT STAFF REPORT TO: Planning Commission FROM: Director of Environmental Services SUBJECT: ' ZOA 06-81LModification of Time Extension Procedures DATE: April 15, 1981 BACKGROUND AND ANALYSIS: At the Planning Commission meeting of March 3, 1981, staff was instructed to prepare the necessary amendment to the Palm Desert Zoning Ordinance deleting the requirement for a public hearing on a time extension request for zoning cases. This direction was based on a staff request. In the past these requests for time extensions to utilize approved variances, development plans, or conditional use permits, have resulted in: 1. added cost to file for public hearing; 2. added staff time to prepare necessary public notices, staff reports, agendas, and resolutions. Since November, not one person other than the applicant has appeared at a hearing on a time extension. Staff believes that a requested time extension should be handled as part of a consent calendar. In this manner, should the Commission have any questions regarding the time extension, the matter can be called up and the applicant questioned. But as is the case in the vast majority of instances, if there are no questions or concerns the time extension would be granted. The above method simplifies the time extension procedure, while still giving the City the right of review of such requests. STAFF RECOMMENDATION: Staff would recommend to the Commission that it adopt Planning Commission Resolution No. "A Resolution of the Planning Commission of the City of Palm Desert, California, recommending to the City Council that it adopt Zoning Ordi- nance Amendment 06-81, modifying the procedure for granting time extensions in certain zoning matters. " PLANNING COMMISSION RESOLUTION NO. 703 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA.. RECOMMENDING APPROVAL TO THE CIT" OF A ZONING ORDINANCE AMt, ,AENT MODIFYING THE rKOGrUURE FOR GRANTING TIMEEXIE-N'SIONS IN CERTAIN ZONING MATTERS. OAJ CASE NO. Z6-81,/ WHEREAS, the Planning Commission of the City of Palm Desert, California, _ did on the 15th .day of April , 1181, hold a duly noticed public hearing to consider proposed Zoning Ordinance Amendment 06-81; it WHEREAS, at said hearing the Planning Commission did consider all relevant testimony in this regard; WHEREAS, studies and investigations made on behalf of the Palm Desert Planning Commission have shown that: 1. The present method of requiring public hearings to grant time extensions on variances, conditional use permits, and development plans causes applicants undue delays and hardships; 2. The present time extension procedure causes undue waste of staff time in preparation of notices, staff reports, agendas, and resolutions; 3. A procedure should be created which allows the City the right to review time extension requests, yet simplifies the procedure for City staff and applicants; 4. Zoning Ordinance Amendment 05-81 establishes a procedure as set forth in Item 3; and, WHEREAS, the proposed amendment is a minor alteration to land use limita- tions and therefore categorically exempt from the requirements of the California Environmental Quality Act. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Palm Desert, California, recommends to the City Council that it adopt Zoning Ordinance Amendment 06-81, attached hereto as Exhibit "A" PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission on the 15th day of April , 1981, by the following vote, to wit: AYES: BERKEY, KRYDER, RICHARDS, MILLER NOES: NONE ABSENT: MCLACHLAN ABSTAIN: NONE CHARLES MILLER, Chairman ATTEST: R MON A. DIAZ, Secretary /lr PLANNING COMMISSION RESOLUTION NO. 703 Page Two EXHIBIT "A" CHAPTER 25.72 CONDITIONAL USES 25.72.110 La se of conditional use permit. A conditional use permit shall lapse an s all ecome void one year following the date on which the use permit became effective, unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application, or a certificate of occupancy is jssued for the structure which was the subject of the use permit I application, or the site is occupied if no building permit or certificate of occupancy is required; provided, that a use permit for a public utility install- ation may be valid for a longer period if specified by the planning commission. Prior to the expiration of the permit, the applicant may request a twelve-month time extension by filing with the Planning Commission. CHAPTER 25.78 VARIANCES AND ADJUSTMENTS 25.78.110 Lapse of variance or adjustment. A variance or adjustment shall lapse and shall become void one year following the date on which the variance or adjustment became effective unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward comple- tion on the site which was the subject of the variance or adjustment application, or a permit is issued authorizing occupancy of the site or structure which was the subject of the variance or adjustment application, or the site is occupied if no building permit or certificate of occupancy is required. Prior to the expiration of a permit, an applicant may request a twelve-month time extension by filing with the Planning Commission. l �= .771 PROOF OF PUBLICATION (2010s 2015.5 CCP) PROOF OF PUBLICATION OF tOA 06-81 I am a citizen of the United States and a resident of the County aforesaid ; I am over the age of eighteen years# and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of PALM DESERT POSTS a newpaper of general circulations printed and published daily in the CIT LEGALtNOTICE ERT N ITI ATION IBV�TNEiPA M City of R.i versi de# County Of DESERTIPL•ANNING<COM ISS Riversides and which newspaper ORDI ION NANC OZONING AMEND has been adjudged a newspaper of MENTiMODIFV NG TN g PROCEDURES FOR general circulation by the 1119ic1l I Superior Court of the County of 1NGcawN*JZO I Riversides State of California• N Lc r15 °H �9 u under date of October, 5# 1964s r} PJ to ommtssion° consida Case number 83656; that the Munld m n ment on o notices of which the annexed is snl!z.no tl s• om+v rp �n9iof 1 Ur Exi 010 fd a printed copy# has been published condi�traon,a�i U� Permit in each regular and entire issue ofednvymel ,M manys o" of said newspaper and not in any °OADrub�lis+°ni I supplement thereof on the following m; n pr0 nil dates# to-wit: �n Lrh4m Glr I{ 5Q-�75 KI Pea Phlc.Jtm"" lcmt.01 n _ 0412 $1981 Vt Dared�/Ma RAMON(A ecretor PalmfDese. an Commts ton G_D I Certify (or declare) under . penalty of perjury that the foregoing is true and correct. Dated April 2s 1981 at Riversides California CITY OF PALM DESERT CITY OF PALM DESERT STAFF REPORT TO: Planning Commission FROM: Director of Environmental Services SUBJECT: r ZOA 06 81 Modification of Time Extension Procedures DATE: April 15, 1981 BACKGROUND AND ANALYSIS: At the Planning Commission meeting of March 3, 1981, staff was instructed to prepare the necessary amendment to the Palm Desert Zoning Ordinance deleting the requirement for a public hearing on a time extension request for zoning cases. This direction was based on a staff request. In the past these requests for time extensions to utilize approved variances, development plans, or conditional use permits, have resulted in: 1. added cost to file for public hearing; 2. added staff time to prepare necessary public notices, staff reports, agendas, and resolutions. Since November, not one person other than the applicant has appeared at a hearing on a time extension. Staff believes that a requested time extension should be handled as part of a consent calendar. In this manner, should the Commission have any questions regarding the time extension, the matter can be called up and the applicant questioned. But as is the case in the vast majority of instances, if there are no questions or concerns the time extension would be granted. The above method simplifies the time extension procedure, while still giving the City the right of review of such requests. STAFF RECOMMENDATION: Staff would recommend to the Commission that it adopt Planning Commission Resolution No. "A Resolution of the Planning Commission of the City of Palm Desert, California, recommending to the City Council that it adopt Zoning Ordi- nance Amendment 06-81, modifying the procedure for granting time extensions in certain zoning matters. " I PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A ZONING ORDINANCE AMENDMENT MODIFYING THE PROCEDURE FOR GRANTING TIME EXTENSIONS IN CERTAIN ZONING MATTERS. CASE NO. ZOA 06-81 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of April , 1981, hold a duly noticed public hearing to consider proposed Zoning Ordinance Amendment 06-81; WHEREAS, at said hearing the Planning Commission did consider all relevant testimony in this regard; WHEREAS, studies and investigations made on behalf of the Palm Desert Planning Commission have shown that: 1. The present method of requiring public hearings to grant time extensions on variances, conditional use permits, and development plans causes applicants undue delays and hardships; 2. The present time extension procedure causes undue waste of staff time in preparation of notices, staff reports, agendas, and resolutions; 3. A procedure should be 'created which allows the City the right to review time extension requests, yet simplifies the procedure for City staff and applicants; 4. Zoning Ordinance Amendment 05-81 establishes a procedure as set forth in Item 3; and, WHEREAS, the proposed amendment is a minor alteration to land use limita- tions and therefore categorically exempt from the requirements of the California Environmental Quality Act. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Palm Desert, California, recommends to the City Council that it adopt Zoning Ordinance Amendment 06-81, attached hereto as Exhibit "A". PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission on the 15th day of April , 1981, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CHARLES MILLER, Chairman ATTEST: R MON A. DI AZ, Secretary /lr uoLssLwwoO 6utuueLd ayg ygLm 6uLLLd Fq uoLsuagxa awLg 44uow-an Lam; a ;sanbaa Rew gueotLdde up `gtwaad a So not;eatdxa a4; o; aoI paatnbaa sL L'ouedn000 ;o a4e3L3t4aa3 ao gtwaad 6uLpLLnq ou IL paLdn000 sL agtS ayq ao `uoLgeoLLdde guawgsnCpe ao aoueLaen 944 So ;oaCgns ayq sem 4oLym aan;onags ao agLs ay; So L'ouedn000 6uLzLaoy4np panssL sL gtwaad a ao `uoLgeoLLdde ;uawgsnCpp ao aoueLaen ayq So yoaCgns ayg sem yoL4m a;ts ayg uo uotg -aLdwoo papmog pansand JCL;ua6LLLp pue paouawwoo st uoLgonagsuoo pup panssL sL ;Lwaad 6uLpLtnq e `aea4 auo 10 uoLgpaLdxa a4; oy aoLad ssaLun anLgoa;;a aweoaq guawysnfpp ao aoueLaen a44 yoL4m uo agep ayg 6uLmoLLod aea4 auo Peon awooaq LLeys pup asdeL LLeys yuawysnCpp ao aoueLaen V •guawgsnCpe ao aoueLaeno as el OTT'8L'SZ S1N31J1Sn POV ONV S30NVIbVA 8L'SZ b3ldVH0 •uotssLwwoO 6uLuueLd ayg g4LM 6uLLLd f'q uoLsuagxa awLy 44uow-9nLam4 a gsanbaa /CeW gueotLdde ayg `jLwaad ayg So uoLgpaLdxa ayg og aotad uoLssLwwoo 6uLuueLd aq4 f'q paLjLoads dL poLaad aa6uoL a aoS pLLen aq 4ew uoLge -LLegsuL k;LLL;n oLLgnd e aoS gLwaad asn a ge4g `paptnoad !paaLnboa sL S'ouedn000 ;o ageoLyLgaao ao 41mad 6uLMnq ou }L paLdn000 sL agts ayg ao `uoL;eoLLdde gtwaad asn ayg So goaCgns ayg sem yoL414 aan;onags a44 ao} panssL sL S'ouedn000 So agpoL}Lgaao p ao `uoL;eoLLdde gtwaad asn ay; So goaCgns ayg sem yoLgm arts ay; uo uoLgaLdwoo papmog ponsand f'L4ua6LLtP pup paouawwoo sL uoLgona;suoo pup panssL sL ;twaad 6uLpLtnq a `weak auo So uoLyeaLdxa ay; og aoLad ssaLun `anLgoa}f a aweoaq gtwaad asn a4g 4314m uo agpp a44 6uLmoLLod aeaX auo pLon awooaq LLeys pup asdeL LLeys ILwaad asn LeuoLgtpuoo V •;Lwaa asn LeuoLgLpuoo 3o as el OTT 'ZL'SZ S3sn IVNOIlIONOo ZL'SZ N31dVH3 ,,V., lI8IHX3 oml abed 'ON NOI1ni0S3U NOISSIWWOO 9NINNVId CITY OF PALM DESERT STAFF REPORT TO: Planning Commission REPORT ON: Zoning Ordinance Amendment APPLICANTS: CITY OF PALM DESERT and RITTER AND ASSOCIATES . 73-899 Highway 111 Palm Desert, CA 92260 CASE NO: ZOA 05-81 DATE: April 15, 1981 I. REQUEST: Consideration of a Zoning Ordinance Amendment pertaining to trash bin enclosures. II. BACKGROUND: This Ordinance amendment was set for public hearing at the meeting of February 18, 1981. As you may .recall , George Ritter, a local architect, approached staff with a new design for trash disposal . The system generally consists of a concrete pit with a modified trash bin which is lowered and raised into the pit by the trash truck. The system has just recently been put into large scale use in the Presidents' Plaza parking lot. Staff feels that while the system appears to have merit, the long term rami- fications are not known yet. Before allowing city-wide use, we would like to allow a six (6) month trial period to see how the system works in the Presi- dents' Plaza parking lot. Staff will publish the amendment when rescheduled. One observation we can now make is that the trash bins used in the parking lot look very much like utility boxes or transformers. III. STAFF RECOMMENDATION: Continue consideration of Zoning Ordinance amendment for six (6) months. ad (zq�fiwp cno 5BDain n imcp=<DnDii 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 March 26, 1981 CITY OF PALM DESERT LEGAL NOTICE INITIATION BY THE PALM DESERT PLANNING COMMISSION OF A ZONING ORDINANCE AMEND- MENT MODIFYING THE PROCEDURES FOR GRANTING TIME EXTENSIONS IN CERTAIN ZONING MATTERS. CASE NO. ZOA 06-81 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider an amendment to Municipal Code Sections 25.72.110 and 25.78. 110, modifying procedures for the granting of Time Extensions for Conditional Use Permits, Variances and Adjustments initiated by the Palm Desert Planning Commission. r SAID Public Hearing will be held on April 15, 1981 , at 1 :00 p.m. , in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post April 2, 1981