HomeMy WebLinkAboutZOA 84-2 APPEALS 1984 MINUTES
PALM DESERT PLANNING COMMISSION
OCTOBER 169 1984
Moved bl Commissioner Richards, seconded by Commissioner Downs, to adopt
Planning Commission Resolution No. 1001, approving PP 84-38, subject to
condition as amended. Carried 4-0.
I. C se No. PP 84-42 - WILLIAM URBAN, JR., Applicant
R uest for approval of a Negative Declaration of
Ei vironmental Impact and a precise plan o esign to allow
cc istruction of an industrial buildin wo story) with
1 000 square feet in the S.I., S.P. (S vice Industrial with
a cenic Preservation Overlay) zon n .91 acres located at
t southeast corner of Boardw and St. Charles Place.
Mr. Smi outlined the salient poi , added a condition for the Fringe-toed Lizard
fee, and ecommended approval
Chairm n Crites opened t public testimony and asked if anyone present wished to
speak i FAVOR or OP SITION to this project. Hearing none, Chairman Crites
asked f r a motion.
Action:
Moved by C missioner Downs, seconded by Commissioner Wood, to adopt the
find in s a esented by staff. Carried 4-0.
Mov Commissioner Downs se Wood to adopt
Planning om eso u ion No. 1002, approving PP 84-42, subject to
conditions as amended. Carried 4-0.
J. Case No. ZOA 84-2 - CITY OF PALM DESERT, Applicant
Request for approval of an amendment of Section
25.86.050 of the zoning ordinance pertaining to appeals of
planning commission decisions.
Mr. Diaz explained that the amendment would make the appealing procedure in-
line with recent judicial procedures.
Chairman Crites opened the public testimony and asked if anyone present wished to
speak in FAVOR or OPPOSITION to this amendment. Hearing none, Chairman
Crites closed the public testimony and asked for a motion.
Action:
Moved by Commissioner Wood, seconded by Commissioner Richards, adopting
Planning Commission Resolution No. 1003, recommending to city council approval
of ZOA 84-2. Carried 4-0.
IX.
mmissioner Downs indicated that he would like a bell to notify anyone outside
h a recess is over. Also, he suggested that ash trays be placed in the lobby to
eve igarettes being scattered over the grass and sidewalk.
oved by Co issioner Downs, seconded by Commissioner Richards, that a bell be
p ced outside a ash trays installed. Carried 4-0.
X. O COMMUNICA S
N NE
XI. C MMENTS
C mmissioner Wood asked for and received ification on a condition concerning
t Birtcher-Dunham project.
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F
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MINUTES
PALM DESERT PLANNING COMMISSION
OCTOBER 169 1984
Moved by Commissioner Richards, seconded by Commissioner Downs, to adopt
Planning Commission Resolution No. 1001, approving PP 84-38, subject to
conditions as amended. Carried 4-0.
I. Case No. PP 84-42 - WILLIAM URBAN, JR., Applicant
Request for approval of a Negative Declaration of
Environmental Impact and a precise plan of design to allow
construction of an industrial building (two story) with
16,000 square feet in the S.I., S.P. (Service Industrial with
a Scenic Preservation Overlay) zone on .91 acres located at
the southeast corner of Boardwalk and St. Charles Place.
Mr. Smith outlined the salient points, added a condition for the Fringe-toed Lizard
fee, and recommended approval.
Chairman Crites opened the public testimony and asked if anyone present wished to
speak in FAVOR or OPPOSITION to this project. Hearing none, Chairman Crites
asked for a motion.
Action:
Moved by Commissioner Downs, seconded by Commissioner Wood, to adopt the
findings as presented by staff. Carried 4-0.
Moved by Commissioner Downs, seconded by Commissioner Wood, to adopt
Planning Commission Resolution No. 1002, approving PP 84-42, subject to
conditions as amended. Carried 4-0.
J. Case No. ZOA 84- CITY OF PALM DESERT, Applicant
Request for approval of an amendment of Section
25.86.050 of the zoning ordinance pertaining to appeals of
planning commission decisions.
Mr. Diaz explained that the amendment would make the appealing procedure in-
line with recent judicial procedures.
Chairman Crites opened the public testimony and asked if anyone present wished to
speak in FAVOR or OPPOSITION to this amendment. Hearing none, Chairman
Crites closed the public testimony and asked for a motion.
Action:
Moved by Commissioner Wood, seconded by Commissioner Richards, adopting
Planning Commission Resolution No. 1003, recommending to city council approval
of ZOA 84-2. Carried 4-0.
IX. MISCELLANEOUS ITEMS
Commissioner Downs indicated that he would like a bell to notify anyone outside
when a recess is over. Also, he suggested that ash trays be placed in the lobby to
prevent cigarettes being scattered over the grass and sidewalk.
Moved by Commissioner Downs, seconded by Commissioner Richards, that a bell be
placed outside and ash trays installed. Carried 4-0.
X. ORAL COMMUNICATIONS
NONE
XI. COMMENTS
Commissioner Wood asked for and received clarification on a condition concerning
the Birtcher-Dunham project.
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j -
PLANNING COMMISSION RESOLUTION NO. 1003
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA,
RECOMMENDING TO THE CITY COUNCIL APPROVAL
OF AN AMENDMENT TO THE ZONING ORDINANCE
TEST, REG�N.G SECTION 25.86.050.
CASE NO. ZOA 84-2
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 16th day of October, 1984, hold a duly noticed public hearing to consider to consider a
zoning ordinance text amendment relating to the above mentioned request by the City of
Palm Desert.
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,
Resolution No. 80-89", in that the director of environmental services has determined that
the project is a class 8 categorical exemption.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said planning commission
did find the following facts and reasons to exist to recommend approval of a zoning
ordinance text amendment:
1. That the zoning ordinance amendment is consistent with the objectives of
the zoning ordinance.
2. That the zoning ordinance amendment would better serve the public health,
safety, and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, as follows:
1. That the above recitations are true and correct and constitute the
considerations of the commission in this case;
2. That it does hereby recommend a zoning ordinance text amendment, as
provided in the attached exhibit, labeled exhibit 'A:
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 16th day of October, 1984, by the following vote, to
wit:
AYES: DOWNS, RICHARDS, AND CRITES
NOES: WOOD
ABSENT: ERWOOD
ABSTAIN: NONE -.-_
BUF RD CRITES, Chairman
ATTEST•
IRAMON A. DI AZ, Se retar
Arn
PLANNING COMMISSION RESOLUTION NO. 1003
EXHIBIT 'A'
"25.86.050 Standing to Appeal. Any person who owns property within 300 feet of the
exterior boundaries of the subject property, the applicant, the planning commission, the
city council, individual councilmen, or anyone who can demonstrate an impact by a
Planning Commission decision."
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ORDINANCE NO. 400
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING AN
4e AMENDMENT TO THE ZONING ORDINANCE TEXT,
BATING TO APPEALS OF PLANNING COMMISSION
SD! -ISIONS.
' �4 ease No. ZOA 84-2
EREAS, the City Council of the City of Palm Desert, California, did on the 8th,
day of November, 1984, hold a duly noticed public hearing, to consider a request by the
CITY OF PALM DESERT for the above mentioned request; and
WHEREAS, the planning commission, by Resolution No. 1003 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
categorically exempt.
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 to justify its action 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 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".
3. The city clerk of the City of Palm Desert, California, is hereby
directed to publish this ordinance in the Desert Post, a newspaper
of general circulation, published and circulated in the City of
Palm Desert, California, and 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 29th day of November, 19849 by the following vote, to wit:
AYES: BENSON, JACKSON, KELLY, WILSON, AND SNYDER
NOES: NONE
ABSENT: NONE
'-` ABSTAIN: NONE
W LTER H. SNYDER, Ivor
TES
SHEILA R. =IGAWity Clerk
City of Palm Deser alifornia
Am
ORDINANCE NO. 400
EXFIIBIT 'A'
"25.86.050 Standing to Appeal. Any person who owns property within 300 feet of the
exterior boundaries of the subject property, the applicant, the planning commission, the
city council, individual councilmen, or anyone who can demonstrate an impact by a
Planning Commission decision, may appeal the determination.
October 19, 1984
CITY OF PALM DESERT
LEGAL NOTICE
Case No. ZOA 84-2
NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert
City Council to consider a request by the City of Palm Desert to amend the zoning
ordinance relating to appeals of planning commission decisions.
SAID Public Hearing will be held on November 8, 1984, at 7:00 p.m. in the Council
Chamber in the Palm Desert Civic Center, 73-510 Fred Waring Drive, 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: Desert Post
October 26, 1984
Am
�I
CITY OF PALM DESERT
TRANSMITTAL LETTER
TO: Honorable Mayor and City Council
REQUEST: Amend the zonding ordinance relating to appeals of planning commission
decisions.
APPLICANT:
City of Palm Desert
CASE NO: ZOA 84-2
DATE: November 8, 1984
CONTENTS:
A. Staff Recommendation
B. Discussion
C. Draft Ordinance No.
D. Planning Commission Minutes Involving Case No. ZOA 84-2
E. Planning Commission Resolution No. 1003.
F. Planning Commission Staff Report Dated October 16, 1984.
G. Related Maps and/or Exhibits
-----------------------------------------------------------------------------------------
A. STAFF RECOMMENDATION:
Adopt Ordinance No. approving ZOA 84-2.
B. DISCUSSION:
The amendment would allow individual council members an opportunity to appeal
planning commission decisions.
The amendment also allows anyone that can prove a negative impact on them an
opportunity to appeal planning commission decisions also in light of recent court
decisions.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO THE ZONING ORDINANCE TEXT,
RELATING TO APPEALS OF PLANNING COMMISSION
DECISIONS.
Case No. ZOA 84-2
WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th,
day of November, 1984, hold a duly noticed public hearing, to consider a request by the
CITY OF PALM DESERT for the above mentioned request; and
WHEREAS, the planning commission, by Resolution No. 1003 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
categorically exempt.
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 to justify its action 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 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".
3. The city clerk of the City of Palm Desert, California, is hereby
directed to publish this ordinance in the Desert Post, a newspaper
of general circulation, published and circulated in the City of
Palm Desert, California, and 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 _ day of , 1984, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
WALTER H. SNYDER, Mayor
ATTEST:
SHEILA R. GILLIGAN, City Clerk
City of Palm Desert, California
Am
ORDINANCE NO.
EXHIBIT 'A'
"25.86.050 Standing to Appeal. Any person who owns property within 300 feet of the
exterior boundaries of the subject property, the applicant, the planning commission, the
city council, individual councilmen, or anyone who can demonstrate an impact by a
Planning Commission decision, may appeal the determination.
i
City of Palm Desert
Staff Report
TO : Planning Commission
DATE : October 16 , 1984
CASE NO: ZOA 34-2
REQUEST: Amendment of Section 25 . 86 . 050 of the zoning
ordinance pertaining to appeals of Planning
Commission decisions .
APPLICANT: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert , CA 92260
I . DISCUSSION:
The amendment was initiated by the City to avoid con-
fusion enabling individual Council Members to appeal
Planning Commission decisions rather than the Council
as a whole .
Another section was added by the staff to reflect
recent court decisions whereby any person affected by
a Planning Commission decision may appeal to the City
Council . The City already observes this practice with
an example being Mr . Malone ' s appeal of the Ironwood
project ; even though his property was outside the 300
foot radius .
II. RECOMMENDATION:
Adopt Resolution No . recommending to the City
Council Approval of ZOA 84-2 .
III. ATTACHMENTS:
a . Resolution
b . Legal Notice
Prepared by
Reviewed and Approved by
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING
APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT
TO THE ZONING ORDINANCE TEST, REGARDING SEC.
25.86.050
CASE NO. ZOA 84-2
WHEREAS, the Planning Commission of the City of Palm
Desert , California , did on the 16th day of October 1984 , hold
a duly noticed public hearing to consider a zoning ordinance
text amendment relating to the above mentioned request by the
City of Palm Desert .
WHEREAS, said application has complied with the
requirements of the "City of Palm Desert Procedures to Implement
the California Environmental Quality Act , Resolution No . 80-89 ,
in that the Director , Environmental Services has determined that
the project is a class 8 categorical exemption .
WHEREAS, at said public hearing upon hearing and
considering all testimony and arguments , if any , of all persons
desiring to be heard , said planning commission did find the
following facts and reasons to exist to recommend approval of
a zoning ordinance text amendment :
1 . That the zoning ordinance amendment is consistent
with the objectives of the zoning ordinance .
2 . That the zoning ordinance amendment would better
serve the public health , safety , and general welfare .
NOW, THEREFORE , BE IT RESOLVED by the Planning Commission
of the City of Palm Desert , as follows :
1 . That the above recitations are true and correct and
constitute the considerations of the Commission in
this case .
2 . That it does hereby recommend a zoning ordinance
text amendment , as provided in the attached exhibit ,
labeled exhibit "A" .
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the Palm Desert Planning Commission , held on the 16th day of
October 1984 , by the following vote , to wit :
AYES :
NOES :
ABSENT :
ABSTAIN :
BUFORD CRITES, CHAIRMAN
ATTEST :
RAMON A. DIAZ , Secretary
/hi
PLANNING COMMISSION RESOLUTION NO.
EXHIBIT 'A'
"25.86.050 Standing to Appeal. Any person who owns property within 300 feet of the
exterior boundaries of the subject property, the applicant, the planning commission, the
city council, individual councilmen, or anyone who can demonstrate an impact by a
Planning Commission decision.
73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (619) 346-0611
September 25, 1984
CITY OF PALM DESERT
LEGAL NOTICE
Case No. ZOA 84-2
NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert
Planning Commission to consider a request by the CITY OF PALM DESERT for an
amendment to section 25.86.050 of the zoning ordinance concerning appeals of planning
commission decisions.
SAID Public Hearing will be held on Tuesday, October 16, 1984, at 2:00 P.M., at the Palm
Desert Civic Center Council Chamber, 73-510 Fred Waring Drive, 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: Desert Post
October 5, 1984
PROOF OF PU11ICATION This space is for 1County Clerk's Filing Stamp
(201S.5 C. )
OCT 1 1 1984
STATE OF CALIFORNIA,
County of Riverside ENVIRONMENTAL SEkVICES
CITY OF PALM DESERT'
I am a citizen of the United States and a CITY OF PAT,M DESERT
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to Proof of Publication of
or interested in the above-entitled matter. I .
am the principal clerk of the printer of the ..CA.SE..NO NO........ZOA..64. .-2.............................
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Dose fo n ee
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SAID ub-
paper has been adjudged a newspaper e>aa OCO °m1b
of general circulation by the Superior Cene Ca m.�e aSY
sea a, es
Court of the County of Riverside, State of Ca P;e
s, as
California, under the dateof,•}0(5,, 19 , 64
Case Number 8365 8.......;that the notice, R x
of which the annexed is a printed copy (set
in type not smaller than nonpareil), has
been published in each regular and entire
issue of said newspaper and not In any
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to-wit:
................u 1.5..............................
all in the year 19..94.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct. o m
Dated at......?a1m Desert
<�
California,this. In
..th....dayof.�....;, 198 ... n
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ERWIN & ANDERHOLT vc
DAVID J. ERWIN A PROFESSIONAL LAW CORPORATION X
J.JOHN ANDEFHOLT 74-090 EL PASEO TELEPHONE
JEFFERY 5.R.PATTERSON POST OFFICE BOX 769 6
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LANTSON E.ELOPEO
SCOTT R.PINZONE
RICHARD A.EPWOOD
JOHN L,SUPPLE ,
July 10, 1984
Ms . Sheila Gilligan —
City of Palm Desert -
Post Office Box 1977
Palm Desert, California 92261
Re: P.. peal of Decision of Planning Commission
Dear Sheila:
Enclosed you will find an ordinance we have prepared which
amends Section. 25 . 86 . 050 of the Code of the City of Palm
Desert relating to appeal of decision of the Planning
Commission. The amendment provides that individual city
councilmen may also appeal a decision of the Planning
Commission.
You- very truly,
AVID J. ERWIN
DJE/cr /
Enclosure
ORDINANCE NO. 387
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AMENDING SECTION
25 . 86.050 OF THE CODE OF THE CITY OF PALM
DESERT RELATING TO APPEAL OF DECISION OF
PLANNING COMMISSION.
Section 1: That Section 25 . 86. 050 of the Code of
the City• of Palm Desert be and the same is hereby amended to
read as follows:
"25 . 86 . 050 Standing to Appeal . Any person
who owns property within 300 feet of the
exterior boundaries of the subject property,
the applicant, the planning commission, the
city council, or individual councilmen, may
appeal the determination. "
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 within 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 by Y the City Council this
day of 1984, by the following vote:
AYES:
NOES:
ABSENT:
Walter Snyder, Mayor
ATTEST:
Sheila R. Gilligan, City Clerk
DJE33/5 -1-