HomeMy WebLinkAboutZOA 86-2 LEGAL CONFORMING 1986 i
off
73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (619) 346-0611
March 7, 1986
CITY OF PALM DESERT
LEGAL NOTICE
I CASE NO. ZOA 86-2
NOTICE IS HEREBY GIVEN ! that a public hearing will be held before the Palm
Desert City Council to ;consider an amendment to Chapter 25.76 of the Zoning
Ordinance dealing with the upgrading of legal nonconforming uses to achieve
conforming status.
E
i
SAID public hearing will be held on Thursday, March 27, 1986 at 7:00 p.m.
in the Council Chamber Iin the Palm Desert City Hall , 73-510 Fred Waring Drive,
Palm Desert, California, at which time and place all interested persons are
Invited to attend and Ibe heard. If you challenge the proposed actions in
court, you may be 1 i milted to raising only those issues you or someone else
raised at the public hearing described in this notice, or in written correspon-
dence delivered to the city council (or planning commission) at, or prior to,
the public hearing.
PUBLISH: Desert Post SHEILA R. GILLIGAN. City Clerk
March 14, 1986 City of Palm Desert, California
I
73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (619) 346-0611
January 31 , 1986
I
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 86-2
i
NOTICE 15 HEREBY GIVEN , that a public hearing will be held before the Palm
Desert Planning Commission to consider an amendment to chapter 25.76 of the
zoning ordinance dealing with the upgrading of legal nonconforming uses to
achieve conforming status.
i
I
i
{
j
I
SAID public hearing will be held on Tuesday, February 18, 1986, at 2:00 p.m. in
the Council Chamber at 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. If you challenge the proposed actions in
court, you may be limited to raising only those issues you or someone else
raised at the public hearing described in . this notice, or in written
correspondence delivere to the planning commission (or city council ) at, or
prior to, the public hearing.
PUBLISH: Palm Desert Pst RAMON A. DIAZ, Secretary
February 7, 1986 Palm Desert Planning Commission
Y,
ORDINANCE NO. 460
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA APPRING A ZONING
ORDINANCE AMENDMENT RELATING TO LEGAL
NONCONFORMING RESIDENTIAL USES.
CASE NO: ZOA 86-2
WHEREAS, the City Council of the City of Palm Desert, California did on
the loth day of April , 1986 hold a duly noticed public hearing to consider
amendment to zoning ordinance Chapter 25.76 providing a mechanism for legal
nonconforming residential uses to achieve conforming status.
WHEREAS, said amendment has complied with the requirements of the "City
of Palm Desert Procedures to implement the California Environmental Quality
Act, Resolution No. 80-84 in that the director of community development has
determined the amendment to be a class 5 categorical exemption.
'f
WHEREAS, at said public hearing, upon hearing and considering all testi-
mony and arguments, if any, of al 1 persons .desiring to be heard, said city
council did find the following facts and reasons to exist to recommend approval
of a zoning ordinance text amendment:
I
' I . The amendment furthers the public health, safety and general welfare
by encouraging improvements and rehabilitation of older nonconforming
residential structures.
2. The amendment is consistent with the goals and objectives of the
general plan and Implements a recommendation of the Palma Village
Specific Plan.
I
I
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Palm
Desert, as follows: I
1 . That the aboveirecitations are true and correct and constitute the
considerations of the council in this case.
2. That ZOA 86-2 as provided In the attached exhibits, labeled Exhibit
"A" is hereby approved.
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.
' f
ORDINANCE NO. 460
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
City Council , held on this 10th day of April , 1986 by the following vote, to
wit:
AYES: BENSON, SNYDER, WILSON 8 KELLY
NOES: NONE
ABSENT: JACKSON e
ABSTAIN: NONE v'GL�L
RICHA D KELLY, Mayor
T771
J �
SHEILA R. GILLIGAN, City C1,
City of Palm Desert, Cali f6r la
/dig
ORDINANCE NO. 460
I
i
EXHIBIT "A"
Add Section 25.76.075
1
25.76.075 Conformance Process for Legal Nonconforming Residential Uses in
Residential zones. Legal nonconforming residential uses in R-1 , R-2 and
R-3 zones may apply [for legal conforming status if they are brought into
substantial compliance with present design quality standards. The
architectural commission shall receive and review applications for
conforming status. iAs part of their review the architectural commission
may require signiflicant upgrading and rehabilitation of the existing
facility consistent with the constraints of the original site plan.
Reduction in the project dwelling unit total will only be considered if it
is required to protect public health and safety. If a rehabilitation plan
is approved by the I architectural commission, required work must occur
within one year. Once the plan has been satisfactorily completed, a
certificate of conforming status would be Issued. Certificates of
conformance would include a requirement that the project be maintained
substantially in the condition specified by the rehabilitation plan in
perpetuity. Failure to maintain the property could result in revocation
of conforming status. Decisions of the architectural commission may be
appealed to the city council .
4
I
I
I
PLANNING COMMISSION RESOLUTION NO. 1119
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF. PALM DESERT, CALIFORNIA RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF A ZONING ORDINANCE
AMENDMENT RELATING TO LEGAL NONCONFORMING
RESIDENTIAL USES.,
CASE NO:I 0
WHEREAS, the Planning Commission of the City of Palm Desert, California
did on the 18th day of February, 1986 hold a duly noticed public hearing to
consider amendment to zoning ordinance Chapter 25. 76 providing a mechanism for
legal nonconforming reslidential uses to achieve conforming status.
WHEREAS, said amendment has complied with the requirements of the "City
of Palm Desert Procedures to Implement the California Environmental Quality
Act, Resolution No. 80- 89" , in that the director of community development has
determined the amendment to be a class 5 categorical exemption.
WHEREAS, at said Public hearing, upon hearing and considering all testi-
mony and arguments, ifllany, 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 . The amendmentifurthers the public health. safety and general welfare
by encouraging improvements and rehabilitation of older nonconforming
residential structures.
2. The amendment. is consistent with the goals and objectives of the
general plan and implements a recommendation of the Palma Village
Specific Plan!
NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, as follows:
1 . That the abovIe recitations are true and correct and constitute the
considerations of the commission in this case.
2. That it doesihereby recommend approval of ZOA 86-2 as provided in
the attached exhibits, labeled Exhibit "A".
PASSED. APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 4th day of March, 1986 by the following
vote, to wit:
AYES: DOWNS, ERWOOD, WOOD & CRITES
NOES: RICHARDS
ABSENT: NONE
ABSTAIN: NONE
BUFQR CRITES. Chairman
ATTEST:
RAMON A. DIAZ, Sec et�l,
i
PLANNING COMMISSION RESOLUTION NO. 1119
EXHIBIT "A"
Add Section 25.76.075
25. 76.075 Conform nce Process for Leaal Nonconforming Residential Uses in
Residential zones.1 Legal nonconforming residential uses in R-1 , R-2 and
R-3 zones may apply for legal conforming status if they are brought into
substantial complliance with present design quality standards. The
architectural commission shall receive and review applications for
conforming status.) As part of their review the architectural commission
may require significant upgrading and rehabilitation of the existing
facility consistent with the constraints of the original site plan.
Reduction in the project dwelling unit total will only be considered if it
is required to protect public health and safety. If a rehabilitation plan
is approved by the architectural commission, required work must occur
within one year. ) Once the plan has been satisfactorily completed, a
certificate of conforming status would be issued. Certificates of
conformance would include a requirement that the project be maintained
substantially in the condition specified by the rehabilitation plan in
perpetuity. fail�re to maintain the property could result in revocation
of conforming status. Decisions of the architectural commission may be
appealed to the city council .
A
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Planning Commission
DATE: February 18, 1986
CASE NO: ZOA 86-2
SUBJECT: Amendment of Chapter 25.76, Nonconforming Lots, Buildings and
Uses , to provide a mechanism for legal nonconforming
multi-family residential to achieve conforming status.
I . DISCUSSION:
General policy V of the Palma Village Plan calls for creation of a
mechanism allowing presently legal nonconforming residential properties
to obtain conforming status through architectural and site rehabilitation.
The adoption of the city's zoning map in 1975 resulted in extensive down
zoning of almost all multi-family zoned properties. It is likely that
80% of apartments built under the county are legal nonconforming. Under
the city's nonconforming ordinance these units may remain as they
presently exist, but cannot be replaced if they are destroyed or
substantially damaged. This non-replacement feature discourages lenders
from financing the sale or rehabilitation of these units. Insurance
companies will often refuse to insure nonconforming units. This will
eventually result in low levels of maintenance leading to generalized
deterioration. In the attached letter from Lobland Waring, Gerry
Rosenburg describes a fourplex at 74-105 Candlewood which cannot be sold
or insured because it is legal nonconforming.
The implementation of the Palma Village Policy city wide would not only
assist property owners in obtaining financing but would create a powerful
incentive for needed improvement and rehabilitation of these older
properties.
The proposed legal nonconforming correction process would involve an
application and proposal by the property owner submitted to the
architectural commission. The applicant would be required to upgrade the
property consistent with present design quality and aesthetic standards.
In some cases the original design, maintenance and past rehabilitation
practices would be of sufficient quality to meet the preset standards
without additional improvements.
Staff and two members of the architectural commission would visit the site
and make recommendations to the full commission. Once a plan is approved
the applicant will have one year to complete the required work. The
architectural commission decision can be appealed to the city council .
Once improvements are completed to the satisfaction of the department of
I
STAFF REPORT ZOA 86-2
planning and community development, a certificate of conformance will be
issued.
The procedure will only apply to legal nonconforming multi-family projects
located within the residential zones. Apartments or residential uses in
C-1 or O.P. zones could not qualify.
FINDINGS:
1 . The amendment furthers the public health, safety and general welfare
by encouraging improvements and rehabilitation of older nonconforming
residential structures.
2. The amendment is consistent with the goals and objectives of the
general plan and implements a recommendation of the Palma Village
Specific Plan.
II. RECOMMENDATION:
Approve findings an adopt Planning Commission Resolution No.
recommending to city council approval of ZOA 86-2 Exhibit "A".
III. ATTACHMENTS:
1 . Excerpt from Palma Village Plan.
2. Letter from Lobland-Waring.
Prepared by_.P"):S�i
Reviewed and Approved by J �`
/dlg
2
I
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF A ZONING ORDINANCE
AMENDMENT RELATING TO LEGAL NONCONFORMING
RESIDENTIAL USES.
CASE NO: ZOA 86-2
WHEREAS, th6 Planning Commission of the City of Palm Desert, California
did on the 18th day of February, 1986 hold a duly noticed public hearing to
consider amendment to zoning ordinance Chapter 25.76 providing a mechanism for
legal nonconforming residential uses to achieve conforming status.
WHEREAS, said amendment has complied with the requirements of the "City
of Palm Desert Procedures to Implement the California Environmental Quality
Act, Resolution No. 80-89", in that the director of community development has
determined the amendment to be a class 5 categorical exemption.
WHEREAS, at said public hearing, upon hearing and considering all testi-
mony 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 . The amendment furthers the public health, safety and general welfare
by encouraging improvements and rehabilitation of older nonconforming
residential structures.
2. The amendment is consistent with the goals and objectives of the
general plan and implements a recommendation of the Palma Village
Specific Plan.
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 approval of ZOA 86-2 as provided in
the attached exhibits, labeled Exhibit "A".
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 18th day of February, 1986 by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
BUFORD CRITES, Chairman
ATTEST:
RAMON A. DIAZ, Secretary
PLANNING COMMISSION RESOLUTION NO.
EXHIBIT "A"
Add Section 25.76.075
25.76.075 Conformance Process for Legal Nonconforming Residential Uses in
Residential zones. Legal nonconforming residential uses in R-I , R-2 and
R-3 zones may apply for legal conforming status if they are brought into
substantial compliance with present design quality standards. The
architectural commission shall receive and review applications for
conforming status. As part of their review the architectural commission
may require significant upgrading and rehabilitation of the existing
facility consistent with the constraints of the original site plan.
Reduction in the project dwelling unit total will only be considered if it
is required to protect public health and safety. If a rehabilitation plan
is approved by the architectural commission, required work must occur
within one year. Once the plan has been satisfactorily completed, a
certificate of conforming status would be issued. Certificates of
conformance would include a requirement that the project be maintained
substantially in the condition specified by the rehabilitation plan in
perpetuity. Failure to maintain the property could result in revocation
of conforming status. Decisions of the architectural commission may be
appealed to the city council .
LAND USE ELEMENT
DISCUSSION
Often the inadvertent result of traffic and road improvements is the encouragement of
non-local traffic through residential areas. Where this has occurred, circulation redesign
should attempt to discourage this non-local traffic.
GENERAL POLICY IV
ARCHITECTURAL STANDARDS
For new development to effectively serve as a stimulus for overall neighborhood
improvement, it must be of sufficient high quality to change both neighborhood and city
wide attitudes about the area's future. New projects must therefore meet the same high
architectural and site planning standards being applied to new projects elsewhere in the
city.
GENERAL POLICY V
LEGAL NON-CONFORMING USES
To prevent legal non-conforming residential properties from becoming blighted, a process
shall be created to allow presently non-conforming residential properties to obtain
conforming status through architectural and site rehabilitation.
DISCUSSION
The adoption of the city's zoning map of 1975 resulted in extensive down zoning of multi-
family property developed under the county. This change created a number of legal non-
conforming duplexes and apartments. Under the city's non-conforming ordinance, these
units may remain as they presently exist, but they cannot be replaced if they are
destroyed or substantially damaged. This non-replacement feature discourages lenders
from financing the sale or rehabilitation of these units. This often results in low levels of
building maintenance leading to generalized deterioration.
-4-
r73 o�
LOBLAND-WARING REALTY
.January 15 , 1986
Planning Department
73 510 Fred Waring Drive
Palm Desert , Ca . 92260
Subject : Full legalization of the ' legal non-conforming' four-plex
located at 74 105 Candlewood .
We request a legal certification of compliance to make the four-
plex .located at 74 105 Candlewood fully legal . The property in
question is a well maintained two story building consisting of
two bedroom two bath units and a common pool. shared by three
other .four plexes . This grouping , of four four-plexes , was built
before the city becaome incorporated and conformed to the old
county zoning ordinance calling for only 1800 square feet of land
for each unit . Even though these units were grandfathered into
the new city zoning codes , for purposes of procuring a new loan or
for new insurance , the property is now regarded as non-conforming
by the lender and by the insurance company and consequently does
not qualify for new insurance or a new loan .
This creates a hardship for the owners of this income property as
well as any other property owner who owns legal non-conforming
property . If this is not corrected it could bring about the
deterioration of these neighborhoods .
Sincerely ,
Gerry Rosenberg
Realtor Associate
Lobland Waring
73-350 El Paseo, Suite 105/ Palm Desert, California 92260 I Real Estate (619) 340-4641
PR O ' OF PUBLIL:ATION This space Is forlhL ,unty Clerk's Filing Stamp
(2015.5 C.C.P-) RECEIVED
'86 FEB 10 PM 1 06
CITY CLERKS OFFICE
STATE OF CALIFORNIA,
County of Riverside
CITY OF PALM DESERT
I am a citizen of the United Stales and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to Proof of Publication of o
or Interested in the above•enlitled mallet. I
••���A.,AtQ,...ZAA.;36.:2..........................
.
am the principal clerk of the printer of the
DESERT POST ...... ........................................
.,
.........a..t .... ,+• •
.......................
CITY OF PAW DESERT LEGAL NOTICE
S-a•`j•..�
.....•...................:.... art1ra:�••r<='CASE N0.20A S62 ...•..
tinted NOTICE IS HEREBY OpfEN that a public hearing will heid befcu
the
...newspape. of .
a newspaper o! general circulation, p to chap,
P�D�nPlAnn Cermuebntocor+attan t
ter 25.76 of the zoning ordinance dealing with the upgmdlrq Of WO
nic
• II 1—week 1 Y................. non=forming ringus" it achieve n Tut tlrq amble..
and published ....... SAID public N gwlnbehelatt ePalm .F rtCK40Car Car86,ds(. l
p.m,In the council Chwnber at the Palm Dawn whichis.at d Cella.
. .Fred Waring Drive.are Desert.
n and be heard. Vc11 d a WM
In the City of ..RR1N..P.e41=. .0............. . �Inaiestedparac Ineaa4 YOU rasy 11 edtomk*v j
County of Riverside, and which news- theoposed eelss m m .phelJo hear"-deco
«eaneon -. . mdelNeredtomeplaradngcorn-
paper has been adjudged a newspaper this nonce.«Inw men carreap«den
of general circulation by the .Superior mi fiAMONiry DIAsswne« AZ;Secretuy I
cttycowcl08+•orpd°rP � oorn
Court of the County of Riverside, Slate of 6.P Feb.7.19M -
two.
California,under the date of.I.Q/.5..[ I9 A4•,
83658 . that the notice,
Case Number ............
of which the annexed is a printed copy (set
In type not smaller than nonpareil), has
been published in cacti regular
and
ot lentire
issue of said newspaper
n any
supplement thereof on the following dates,
to-wit:
2� ...................................
all in the year 19.8.6.. penalty of
t certify (or declare) under p
perjury that the foregoing is true and
correct.
' palm Desert
Dated at.........................................
California, this....th
...dayof..Feb,., 1986..
{� �- 4j� ur
Free[Dale of Inu Bunt let-mw er/a<une Item•
< CALIFORNIAUREASP NC.R SERVICE
Legal Advertising Clearing House
120 W051 Second st., Los Angeles, Call(. 90012
Telephone: (213) 625.2541
Pgalrrlev:A GENEhlna lN�lo mPubllullen
r
CITY OF PALM DESERT
TRANSMITTAL LETTER
1 . TO: Honorable Mayor and City Council
II . REQUEST: Amendment of zoning ordinance dealing with upgrading of
legal nonconforming residential uses to achieve conforming
status.
III . APPLICANT: CITY OF PALM DESERT
IV. CASE NO: ZOA 86-2
V. DATE: March 27. 1986
VI . CONTENTS:
A. Staff Recommendation
B. Discussion
C. Draft Ordinance No.
D. Planning Commission Minutes involving Case No. ZOA 86-2.
E. Planning Commission Resolution No. 1119
F. Planning Commission Staff Report dated February 18, 1986.
G. Related maps and/or exhibits.
------------------------------------------------------------------------------
A. STAFF RECOMMENDATION:
Waive further reading and pass Ordinance No. to second reading.
B. DISCUSSION:
General policy V of the Palma Village Plan calls for creation of a
mechanism allowing presently legal nonconforming residential properties to
obtain conforming status through architectural and site rehabilitation.
The adoption of the city's zoning map in 1975 resulted in extensive down
zoning of almost all multi-family zoned properties. It is likely that
80% of apartments built under the county are legal nonconforming. Under
the city's nonconforming ordinance these units may remain as they
presently exist , but cannot be replaced if they are destroyed or
substantially damaged. This non-replacement feature discourages lenders
from financing the sale or rehabilitation of these units. Insurance
companies will often refuse to insure nonconforming units. This will
eventually result in low levels of maintenance leading to generalized
deterioration. In the attached letter from Lobland Waring, Gerry
Rosenburg describes a fourplex at 74-105 Candlewood which cannot be sold
or insured because it is legal nonconforming.
ZOA 86-2
The implementation of the Palma Village Policy city wide would not only
assist property owners in obtaining financing but would create a powerful
incentive for needed improvement and rehabilitation of these older
properties.
The proposed legal nonconforming correction process would involve an
application and proposal by the property owner submitted to the
architectural commission. The applicant would be required to upgrade the
property consistent—with present design quality and aesthetic standards.
In some cases the original design, maintenance and past rehabilitation
practices would be of sufficient quality to meet the preset standards
without additional improvements.
Staff and two members of the architectural commission would visit the site
and make recommendations to the full commission. Once a plan is approved
the applicant will have one year to complete the required work. The
architectural commission decision can be appealed to the city council .
Once improvements are completed to the satisfaction of the department of
planning and community development, a certificate of conformance will be
issued.
The procedure will only apply to legal nonconforming multi-family projects
located within the residential zones. Apartments or residential uses in
C-1 or O.P. zones could not qualify.
�
Prepared by'J
Reviewed and Approved by
/dlg
2
ORDINANCE NO.
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT. CALIFORNIA APPROVING A ZONING
ORDINANCE AMENDMENT RELATING TO LEGAL
NONCONFORMING RESIDENTIAL USES.
CASE NO: ZOA 86-2
WHEREAS, the City Council of the City of Palm Desert. California did on
the 27th day of March, 1986 hold a duly noticed public hearing to consider
amendment to zoning ordinance Chapter 25. 76 providing a mechanism for legal
nonconforming residential uses to achieve conforming status.
WHEREAS. said amendment has complied with the requirements of the "City
of Palm Desert Procedures to Implement the California Environmental Quality
Act, Resolution No. 80-89". in that the director of community development has
determined the amendment to be a class 5 categorical exemption.
WHEREAS, at said public hearing, upon hearing and considering all testi-
mony and arguments, if any, of all persons desiring to be heard, said city
council did find the following facts and reasons to exist to recommend approval
of a zoning ordinance text amendment:
1 . The amendment furthers the public health, safety and general welfare
by encouraging improvements and rehabilitation of older nonconforming
residential structures.
2. The amendment is consistent with the goals and objectives of the
general plan and implements a recommendation of the Palma Village
Specific Plan.
NOW, THEREFORE BE IT ORDAINED 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 ZOA 86-2 as provided in the attached exhibits, labeled Exhibit
"A" is hereby approved.
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.
ORDINANCE NO.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
City Council , held on this __ day of _ , 1986 by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHARD KELLY, Mayor
ATTEST:
SHEILA R. GILLIGAN, City Clerk
City of Palm Desert, California
/dlg
ORDINANCE NO.
EXHIBIT "A"
Add Section 25.76.075
25 76 075 Conformance Process for Legal Nonconforming Residential Uses in
Residential zones. Legal nonconforming residential uses in R-1 , R-2 and
R-3 zones may apply for legal conforming status if they are brought into
substantial compliance with present design quality standards. The
architectural commission shall receive and review applications for
conforming status. As part of their review the architectural commission
may require significant upgrading and rehabilitation of the existing
facility consistent with the constraints of the original site plan.
Reduction in the project dwelling unit total will only be considered if it
is required to protect public health and safety. If a rehabilitation plan
is approved by the architectural commission, required work must occur
within one year. Once the plan has been satisfactorily completed, a
certificate of conforming status would be issued. Certificates of
conformance would include a requirement that the project be maintained
substantially in the condition specified by the rehabilitation plan in
perpetuity. Failure to maintain the property could result in revocation
of conforming status. Decisions of the architectural commission may be
appealed to the city council .
PLANNING COMMISSION RESOLUTION NO. 1119
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF A ZONING ORDINANCE
AMENDMENT RELATING TO LEGAL NONCONFORMING
RESIDENTIAL USES.
CASE 140: ZOA 86-2
WHEREAS, the Planning Commission of the City of Palm Desert. California
d i d on the 18th day of February, 1986 hold a duly noticed public hearing to
consider amendment to zoning ordinance Chapter 25.76 providing a mechanism for
legal nonconforming residential uses to achieve conforming status.
WHEREAS, said amendment has complied with the requirements of the "City
of Palm Desert Procedures to Implement the California Environmental Quality
Act, Resolution No. 80-89", in that the director of community development has
determined the amendment to be a class 5 categorical exemption.
WHEREAS, at said public hearing, upon hearing and considering all testi-
mony 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 . The amendment furthers the public health, safety and general welfare
by encouraging improvements and rehabilitation of older nonconforming
residential structures.
is
2. The amendment is consistent with the goals and objectives of the
general plan and implements a recommendation of the Palma Village
Specific Plan.
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 approval of ZOA 86-2 as provided in
the attached exhibits, labeled Exhibit "A".
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 4th day of March, 1986 by the following
vote, to wit:
AYES: DOWNS, ERWOOD, WOOD 8 CRITES
NOES: RICHARDS
ABSENT: NONE
ABSTAIN: NONE
BUF CRITES, Chairman
ATTEST:
RAMON A. DIAZ, Sec e
PLANNING COMMISSION RESOLUTION NO.
EXHIBIT "A"
Add Section 25.76.075
25. 76.075 Conformance Process for Legal Nonconforming Residential Uses in
Residential zones. Legal nonconforming residential uses in R-l . R-2 and
R-3 zones may apply for legal conforming status if they are brought into
substantial compliance with present design quality standards. The
architectural commission shall receive and review applications for
conforming status. As part of their review the architectural commission
may require significant upgrading and rehabilitation of the existing
facility consistent with the constraints of the original site plan.
Reduction in the project dwelling unit total will only be considered if it
is required to protect public health and safety. If a rehabilitation plan
is approved by the architectural commission, required work must occur
within one year. Once the plan has been satisfactorily completed, a
certificate of conforming status would be issued. Certificates of
conformance would include a requirement that the project be maintained
substantially in the condition specified by the rehabilitation plan in
perpetuity. Failure to maintain the property could result in revocation
of conforming status. Decisions of the architectural commission may be
appealed to the city council .
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Planning Commission
DATE: February 18, 1986
CASE NO: ZOA 86-2
SUBJECT: Amendment of Chapter 25.76, Nonconforming Lots. Buildings and
Uses , to provide a mechanism for legal nonconforming
multi-family residential to achieve conforming status.
1 . DISCUSSION:
General policy V of the Palma Village Plan calls for creation of a
mechanism allowing presently legal nonconforminq residential properties
to obtain conforming status through architectural and site rehabilitation.
The adoption of the city's zoning map in 1975 resulted in extensive down
zoning of almost all multi-family zoned properties. It is likely that
80% of apartments built under the county are legal nonconforming. Under
the city's nonconforming ordinance these units may remain as they
presently exist, but cannot be replaced if they are destroyed or
substantially damaged. This non-replacement feature discourages lenders
from financinq the sale or rehabilitation of these units. Insurance
companies will often refuse to insure nonconforming units. This will
eventually result in low levels of maintenance leading to generalized
deterioration. in the attached letter from Lobland Waring, Gerry
Rosenburg describes a fourplex at 74-105 Candlewood which cannot be sold
or insured because it is legal nonconforming.
The implementation of the Palma Village Policy city wide would not only
assist property owners in obtaining financing but would create a powerful
incentive for needed improvement and rehabilitation of these older
properties.
The proposed legal nonconforminq correction process would involve an
application and proposal by the property owner submitted to the
architectural commission. The applicant would be required to upgrade the
property consistent with present design quality and aesthetic standards.
In some cases the original design, maintenance and past rehabilitation
practices would be of sufficient quality to meet the preset standards
without additional improvements.
Staff and two members of the architectural commission would visit the site
and make recommendations to the full commission. Once a plan is approved
the applicant will have one year to complete the required work. The
architectural commission decision can be appealed to the city council .
Once improvements are completed to the satisfaction of the department of
STAFF REPORT ZOA 86-2
planning and community development. a certificate of conformance will be
issued.
The procedure will only apply to legal nonconforming multi-family projects
located within the residential zones. Apartments or residential uses in
C-I or O.P. zones could not qualify.
FINDINGS:
1 . The amendment furthers the public health, safety and general welfare
by encouraging improvements and rehabilitation of older nonconforming
residential structures.
2. The amendment is consistent with the goals and objectives of the
general plan and implements a recommendation of the Palma Village
Specific Plan.
11 . RECOMMENDATION:
Approve findings an adopt Planning Commission Resolution No.
recommending to city council approval of ZOA 86-2 Exhibit "A".
Ill . ATTACHMENTS:
I . Excerpt from Palma Village Plan.
2. Letter from LLobland-Waring.
Prepared by L (��+�� --
��p J 1 Qom`
Reviewed and Approved by, `�--= 1
/d 1 g --
2
G - 49
� I V �
d LOBL4ND-WAKING REALTY
January 15 , 1986
Planning Department
73 510 Fred Waring Drive
Palm Desert , Ca . 92260
Subject : Full legalization of the ' legal non-conforming' four-plex
located at 74 105 Candlewood .
We request a legal certification of compliance to make the four-
plex located at 74 105 Candlewood fully legal . The property in
question is a well maintained two story building consisting of
two bedroom two bath units and a common pool shared by three
other four plexes . This grouping , of four four-plexes , was built
before the city becaome incorporated and conformed to the old
county zoning ordinance calling for only 1800 square feet of land
for each unit . Even though these units were grandfathered into
the new city zoning codes , for purposes of procuring a new loan or
for new insurance , the property is now regarded as non-conforming
by the lender and by the insurance company and consequently does
not qualify for new insurance or a new loan .
This creates a hardship for the owners of this income property as
:cell as any other property owner who owns legal non-conforming
property . If this is not corrected it could bring about the
deterioration of these neighborhoods .
Sincerely ,
Gerry Rosenberg
Realtor Associate
Lobland Waring
73-350 El Paseo, Suite 1051 Palm Desert, California 922601 Real Estate (619) 340-4641
4
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
1
TO: Planning Commission
DATE: February 18, 1986
CASE NO: ZOA 86-2
SUBJECT: Amendment of Chapter 25.76, Nonconforming Lots. Buildings and
Uses , to provide a mechanism for legal nonconforming
multi-family residential to achieve conforming status.
1 . DISCUSSION:
General policy V of the Palma Village Plan calls for creation of a
mechanism allowing presently legal nonconforming residential properties
to obtain conforming status through architectural and site rehabilitation.
The adoption of the citv's zoning map in 1975 resulted in extensive down
zoning of almost all multi-family zoned properties. It is likely that
80% of apartments built under the county are legal nonconforming. Under
the city' s nonconforming ordinance these units may remain as they
presently exist, but cannot be replaced if they are destroyed or
substantially damaged. This non-replacement feature discourages lenders
from financing the sale or rehabilitation of these units. Insurance
companies will often refuse to insure nonconforming units. This will
eventually result in low levels of maintenance leading to generalized
deterioration. In the attached letter from Lobland Waring, Gerry
Rosenburq describes a fourplex at 74-105 Candlewood which cannot be sold
or insured because it is legal nonconforming.
The implementation of the Palma Village Policy city wide would not only
assist property owners in obtaining Financing but would create a powerful
incentive for needed improvement and rehabilitation of these older
properties.
The proposed legal nonconforming correction process would involve an
application and proposal by the property owner submitted to the
architectural commission. The applicant would be required to upgrade the
property consistent with present design quality and aesthetic standards.
In some cases the original design, maintenance and past rehabilitation
practices would be of sufficient quality to meet the preset standards
without additional improvements.
Staff and two members of the architectural commission would visit the site
and make recommendations to the full commission. Once a plan is approved
the applicant will have one year to complete the required work. The
architectural commission decision can be appealed to the city council .
Once improvements are completed to the satisfaction of the department of
{\1
i
STAFF REPORT ZOA 86-2
planning and community development. a certificate of conformance will be
issued.
The procedure will only apply to legal nonconforming multi-family projects
located within the residential zones. Apartments or residential uses in
C-1 or O.P. zones could not qualify.
FINDINGS:
1 . The amendment- furthers the public health. safety and general welfare
by encouraging improvements and rehabilitation of older nonconforming
residential structures.
2. The amendment is consistent with the goals and objectives of the
general plan and implements a recommendation of the Palma Village
Soecific Plan.
11 . RECOMMENDATION:
Approve findings an adopt Planning Commission Resolution No.
recommending to city council approval of ZOA 86-2 Exhibit "A".
Ill . ATTACHMENTS:
I . Excerpt from Palma Village Plan.
2. Letter from Lobland-Waring.
Prepared b\v-- /�
Reviewed and Approved by �
�-
ldlg
2
N
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF A ZONING ORDINANCE
AMENDMENT RELATING TO LEGAL NONCONFORMING
RESIDENTIAL USES.
CASE NO• ZOA 86-2
WHEREAS. the Planning Commission of the City of Palm Desert, California
did on the 18th day of February, 1986 hold a duly noticed public hearing to
consider amendment to zoning ordinance Chapter 25.76 providing a mechanism for
legal nonconforming residential uses to achieve conforming status.
WHEREAS, said amendment has complied with the requirements of the "City
of Palm Desert Procedures to Implement the California Environmental_ Quality
Act. Resolution No. 80-89" , in that the director of community development has
determined the amendment to be a class S categorical exemption.
WHEREAS, at said public hearing, upon hearing and considering all testi-
mony 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 . The amendment furthers the public health, safety and general welfare
by encouraging improvements and rehabilitation of older nonconforming
residential structures.
2. The amendment is consistent with the goals and objectives of the
general plan and implements a recommendation of the Palma Village
Specific Plan.
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 approval of ZOA 86-2 as provided in
the attached exhibits, labeled Exhibit "A".
PASSED. APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 18th day of February. 1986 by the following
vote, to wit:
AYES:
NOES: R
ABSENT:
ABSTAIN: N
BUFORD CRITES, Chairman
ATTEST:
RAMON A. DIAZ, Secretary
M
PLANNING COMMISSION RESOLUTION NO.
EXHIBIT "A"
Add Section 25.76.075
25. 76.075 Conformance Process for Legal Nonconforming Residential Uses in
Residential zones. Legal nonconforming residential uses in R-I . R-2 and
R-3 zones may apply for legal conforming status if they are brought into
r
substantial compliance with present design quality standards. The
architectural commission shall receive and review applications for
conforming status. As part of their review the architectural commission
may require significant upgrading and rehabilitation of the existing
facility consistent with the constraints of the original site plan.
Reduction in the project dwelling unit total will only be considered if it
is required to protect public health and safety. If a rehabilitation plan
is approved by the architectural commission, required work must occur
within one year. Once the plan has been satisfactorily completed, a
certificate of conforming status would be issued. Certificates of
conformance would include a requirement that the project be maintained
substantially in the condition specified by the rehabilitation plan in
perpetuity. Failure to maintain the property could result in revocation
of conforming status. Decisions of the architectural commission may be
appealed to the city council .
a
t
LAND USE ELEMENT
DISCUSSION
Often the inadvertent result of traffic and road improvements is the encouragement of
non-local traffic through residential areas. Where this has occurred, circulation redesign
should attempt to discourage this non-local traffic.
GENERAL POLICY IV
ARCHITECTURAL STANDARDS
For new development to effectively serve as a stimulus for overall neighborhood
improvement, it must be of sufficient high quality to change both neighborhood and city
wide attitudes about the area's future. New projects must therefore meet the same high
architectural and site planning standards being applied to new projects elsewhere in the
city.
GENERAL POLICY V
LEGAL NON-CONFORMING USES
To prevent legal non-conforming residential properties from becoming blighted, a process
shall be created to allow presently non-conforming residential properties to obtain
conforming status through architectural and site rehabilitation.
DISCUSSION
The adoption of the city's zoning map of 1975 resulted in extensive down zoning of multi-
family property developed under the county. This change created a number of legal non-
conforming duplexes and apartments. Under the city's non-conforming ordinance, these
units may remain as they presently exist, but they cannot be replaced if they are
destroyed or substantially damaged. This non-replacement feature discourages lenders
from financing the sale or rehabilitation of these units. This often results in low levels of
building maintenance leading to generalized deterioration.
-4-
4 LOBLAND-WARING REALTY
January 15 , 1986
Planning Department
73 510 Fred Waring Drive
Palm Desert , Ca . 92260
Subject : Full legalization of the ' legal non-conforming' four-plex
located at 74 105 Candlewood .
We request a legal certification of compliance to make the four-
plex .located at 74 105 Candlewood fully legal . The property in
question is a well maintained two story building consisting of
two bedroom two bath units and a common pool. shared by three
other four plexes . This grouping , of four four-plexes , was built
before the city becaome incorporated and conformed to the old
county zoning ordinance calling for only 1800 square feet of land
for each unit . Even though these units were grandfathered into
the new city zoning codes , for purposes of procuring a new loan or
for new insurance , the property is now regarded as non-conforming
by the lender and by the insurance company and consequently does
not qualify for new insurance or a new loan .
This creates a hardship for the owners of th,is income property as
well as any other property owner who ownte legal non-conforming
property . If this is not corrected it could bring about the
deterioration of these neighborhoods .
Sincerely ,
Gerry Rosenberg
Realtor Associate
Lobland Waring
73-350 El Paseo, Suite 1051 Palm Desert, California 92260 I Real Estate (619) 340.4641
LAND USE ELEMENT
DISCUSSION
Often the inadvertent result of traffic and road improvements is the encouragement of
non-local traffic through residential areas. Where this has occurred, circulation redesign
should attempt to discourage this non-local traffic.
GENERAL POLICY IV
ARCHITECTURAL STANDARDS
For new development to effectively serve as a stimulus for overall neighborhood
improvement, it must be of sufficient high quality to change both neighborhood and city
wide attitudes about the area's future. New projects must therefore meet the same high
architectural and site planning standards being applied to new projects elsewhere in the
city.
GENERAL POLICY V
LEGAL NON-CONFORMING USES
To prevent legal non-conforming residential properties from becoming blighted, a process
shall be created to allow presently non-conforming residential properties to obtain
conforming status through architectural and site rehabilitation.
DISCUSSION
The adoption of the city's zoning map of 1975 resulted in extensive down zoning of multi-
family property developed under the county. This change created a number of legal non-
conforming duplexes and apartments. Under the city's non-conforming ordinance, these
units may remain as they presently exist, but they cannot be replaced if they are
destroyed or substantially damaged. This non-replacement feature discourages lenders
from financing the sale or rehabilitation of these units. This often results in low levels of
building maintenance leading to generalized deterioration.
-4-
LOBLAND-WARINGREALTY
January 15 , 1986
Planning Department
73 510 Fred Waring Drive
Palm Desert , Ca . 92260
Subject : Full legalization of the ' legal non-conforming' four-plex
located at 74 105 Candlewood .
We request a legal certification of compliance to make the four-
plex .located at 74 105 Candlewood fully legal . The property in
question is a well maintained two story building consisting of
two bedroom two bath units and a common pool. shared by three
other four plexes . This grouping , of four four-plexes , was built
before the city becaome incorporated and conformed to the old
county zoning ordinance calling for only 1800 square feet of land
for each unit . Even though these! units were grandfathered into
the new city zoning codes , for purposes of procuring a new loan or
for new insurance , the property is now regarded as non-conforming
by the lender and by the insurance company and consequently does
not qualify for new insurance or a new loan .
This creates a hardship for the owners of this income property as
well as any other property owner who own;; legal non-conforming
property . If this is not corrected it could bring about the
deterioration of these neighborhoods .
Sincerely ,
Gerry Rosenberg
Realtor Associate
Lobland Waring
I73.350 El Paseo, Suite 105/ Palm Desert, California 92260/ Real Estate (619) 340.4641