Loading...
HomeMy WebLinkAboutZOA 93-1 & 93-2 CITY OF PALM DESERT 1993 i R ORDINANCE NO. 709 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 25.70.120 (C) OF THE MUNICIPAL CODE TO CLARIFY THE T ME IN WHICH AN APPEAL MAY BE MADE FROM THE DECISION OF THE ARCHITECTURAL REVIEW COMMISSION WHEREAS, Section 25.70.120 (C) provides, in part, for the time within which an appeal may be taken from the decision of the Architectural Review Commission; and WHEREAS, the City has determined that the time within which an appeal may be taken from the Architectural Review Commission should be clarified. NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: Section 1 Section 25.70.120 (C) of the Palm Desert Municipal Code shall be amended to read as follows: "(C) The appeal from a decision of the Architectural Review Commission or of the Director of Community Development shall be made within fifteen (15) days of the date of the decision by filing an Application of Appeal with the City Clerk. The appeal shall set forth the alleged inconsistency or nonconformity with procedures or criteria set forth in the Chapter or standards set forth in or pursuant to this code. The City Council or the Director of Community Development shall decide an appeal within thirty (30) days of the filing of such appeal unless an extension of time is consented to by the applicant or in the event that there is not a City Council meeting within 30 days of the appeal, the decision shall be made at the first regularly scheduled City Council meeting thereafter. The filing of an appeal shall suspend any building permit issued pursuant to the ruling of the Architectural Review Commission or Director of Community Development until the appeal has been decided." 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, ORDINANCE NO. 709 Page 2 a newspaper of general circulation, printed, published, and circulated within the City of Palm Desert, California, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 2 th day of March, 1993, by the following vote, to wit: AYES: CRTTES, KELLY, SNYDER, WILSON, BENSON NOES: NONE ABSENT: NONE ABSTAIN: NONE /# J AN M. BENSON, MAYOR ATTEST: ' � r s i �SHEILA R. GIWGAN, CUPVCLERK CITY OF PALM DESERT ALIFORNIA ORDINANCE NO. 710 ?9.,b4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 25.86.020 OF THE MUNICIPAL CODE TO DELETE ANY REFERENCE IN THE TITLE OF THAT SECTION TO "THE DESIGN REVIEW BOARD" WHEREAS, Section 25.86.020 provides for appeals of decisions of the Planning Commission, Zoning Administrator, or Design Review Board; and WHEREAS, The Design Review Board is now referred to as the Architectural Review Commission; and WHEREAS, appeals from decisions of the Architectural Review Commission are specifically addressed in another section, Section 25.70.120 of the code. NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: Section 1. The title to Section 25.86.020 of the Palm Desert Municipal Code is hereby amended to read as follows: "A. Appeal of decision of Planning Commission, Zoning Administrator, or Director of Community Development. B. Any reference and title to Section 25.86.020 to the 'Design Review Board' shall be deleted." 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, California, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 25th day of March, 1922, by the following vote, to wit: AYES: CRITES, KELLY, SNYDER, WILSON, BENSON NOES: NONE ABSENT: NONE ABSTAIN: NONE JE . BENSON, MAYOR A T:,z SHEILA R. CALLIGAN,, Y CLERK CITY OF PALM DESERT, CALIFORNIA CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM TO: City Manager and City Council FROM: Assistant City Manager/Director of Community Development DATE: March 11 , 1993 SUBJECT: Amendment to Sections 25 . 70 . 120(C) and 25 . 86 . 020 of the Municipal Code. Attached are two clean-up ordinances as proposed by the city attorney. The amendments merely clarify the review period on appeals from the architectural commission to the city council and deletes the term "Design Review Board" . P��RAMON A. DIAZ ASSISTANT CITY MANAGER, DIRECTOR OF COMMUNITY DEVELOPMENT/PLANNING /tm Attachments : 1 . Letter from Doug Phillips 2 . Draft Ordinance No. 709 3 . Draft Ordinance No. 710 4 . Planning Commission Minutes 5 . Planning Commission Resolution Nos . 1609 and 1610 6 . Planning Commission Staff Report dated February 16, 1993 CITY COUNCIL ACTION: DENIED APPROVED RE�C�E71.7F9 OTHER Jz L --- YA i .ci:3ina1 on 'rile ith C y Clerk' s Of;ice BEST, b.ST & KRIEGER LAWYERS ARTHUR L.UTTLEWORTN• DOUGEA3 a.MILLIPS- MATT H.MORRIS MARSHALL S.R000LPH SUITE 312 GLEN C.STEMENS• ANTONIA GRAPHOS JIFFREY V WNN RIM A.STRIPS 39700 BOB MOPE DRIVE WILLIAM R,O*WCLFE- GREGGON K.WtLKIMSON STEVEN C.OR9AUN CYNTHIA M.GERMANO POST OFFICE BOX 1555 SARTON C.GAIT- WYNNE S.FURTH MANY N.OVEIRIN MAP'E.NLSTRAP PAUL T.MUER• GAVIO L.SAROM ERIC L.GARNER MGUYEM O.PHAR RANCHO MIRAGE.CAUFORNIA 92270 GALLAS HOLM[!. EUGENE TANANA OENNIS M.COTA DANIEL C.PARKER.JR. TELEPHONE(619)5"2611 CHRISTOPNER L.CAPKNTER'SA60.T,CHAPMAN JULIE HAYWARO SIGGS GINEVRA C.MARUY TELCCOPIER(6191 3A0 6695 RICHARD T.ANOERSON• TIEOTHT M.CONNOIR LL LL RACHEE J.NICOLLE CHARLES E.ROER JONN O.WANUN- VICTOR L.WOLF ROMPT W HARGREAVEa GLENN P aAMNE MICHAEL O.HARRp• OANIEL E.OUVIER LANCE L.WEIS CNRMTINE L.RICHAROSON W.CURT EAL" OANIEL J.WHUGH SHNRIL WALKER JOARE GAACIA-COI.aORR THOMAS S.SLOVAK- IOW ARO 6.GOLOS PATRK:K W.PEARCE MILIF J.KOEHLER J h E.9ROWN. STEPHEN P OEITSEH KIRK W.WITH NAME C.WIESE MICHAEL T,MEDELL• MARC U EMPEY JASON O.DARAREINER STEVEN S.KAUFIOLO MERENTH A.JURY' JOHN R.ROTTSCHAEFER KYLE A.SHOW RESECCA MARES GURNEY OF COUNSEL MICHAEL GRANT' MARTIN A.MUELLER MARK A.FASTER ALLISON C.HARGRAVI FRAFICIS 1.SIWM• J.MCHAEL SUMMEROIIR MANE L.FINLEY DOROTHY I.ARDERSOM JAMES 6.CGRISON ANNE T,TIOMAS• VICTORIA N.KING MCNELLE OUELLETTE G.HENRY WELLES O,MARTM NETHERY• JEFFERY J.CRANDALL PETER M.BARMACK JAMES R.HARPER GEORGE M.REYES SCOTT C.SMITH RAND P.PHIPPEN.SR. NNA 0.HARRq WILLAM W.FLOM.JR. JACK S.CLARKE,JR. KENNETH R.WEISS MCHAEL A.CRISYE' WAR M.LEWIS SUSAR C.NALISS GREGO TY I.HIYROKE JEANNETTE A.PETERSON CHRISTOFHER WOSON OFFICES IN IENOALL H.MINVEY SRADLEY E.NEUFELO SERMIE L.WIWAMSON RIVERSIDE 171a1666-IASO CLMN H.ALSOP• KANDY LEE ALLEN EWNE E.HILL RAYMOFEO BEST 1186E-19671 OAVO J.ERWIN• FUSE K.TRAYNUM KEVIN K.RANDOLPH JAMES N.KRIEGER(1913 1975) PALM SPRMNGS(6191325.1264 MCHAEL J.ANOELSOM' WILLIAM O.OANUNO.in. JAMES W GILPIN EWENE BEST 1189E-19R11 ONTARO(7I AI 969-SSSA •.NVm1AL FORVAYKW December 29, 1992 c., Sheila R. Gilligan, City Clerk �- City of Palm Desert L: 73-510 Fred Waring Drive -� Palm Desert, CA 92260 n c.: Dear Sheila: ca Per our telephone conversation of December 29, 1992, I enclose a proposed ordinance amending Palm Desert Municipal Code Section 25.86.020 which deletes the reference to the Design Review Board which was contained in the old ordinance. This change is proper because the City no longer has a Design Review Board. Rather, the City now has an Architectural Commission. Appeals with respect to architectural review are covered in another ordinance at Section 25.70. 120. Therefore, any reference to the Design Review Board in Section 25.86.020 should be deleted. I also enclose a revised ordinance amending Section 25. 70. 120 which clarifies the timing of any appeal from the decision of the Architectural Commission. The new ordinance clarifies that any appeal from the Architectural Commission must be filed with the City Clark within fifteen (15) days from the date of the decision of the Architectural Commission. Because each of these ordinances affect zoning matters, the case should be reviewed and approved by the planning department placed on the Planning Commission agenda for review and recommendation and placed on the City Council agenda under legislative items. The Planning Commission Hearing should be a public hearing and the first reading of the ordinance by the city Council should also be a public hearing with adoption by the city OSP30676 ' lAw OihCES OF BEST, BEST 6 KRIrlER Sheila Gilligan, City Clerk City of Palm Desert December 29, 1992 Page 2 Council at the second reading. The ordinances would become effective thirty (30) days thereafter. Sheila, you may wish to use this letter as the staff report. I am also sending this letter to Bruce for his information. Very truly yours, DOUGLAS S. PHILLIPS of Best, Beat 6 Krieger DSP:ma Enclosure cc: David J. Erwin, Esq. Bruce Altman OSP3%76 MINUTES 'OF1 i PALM DESERT PLANNING COMMISSION y, SUBIE�jFEBRUARY 16 ,' 1993 0 ,U REVISION C. Case Nos . ZOA 93-1 and ZOA 93-2 - CITY OF PALM DESERT, Applicant Request for adoption of a resolution recommending to the city council an amendment to Section 25 . 70 . 120(C) of the Municipal Code to clarify the time in which an appeal may be made from an Architectural Review Commission decision; and adoption of a resolution recommending to the city council an amendment to Section 25 . 86 .020 of the Municipal Code to delete any reference in the title of that section to the "Design Review Board" . Mr. Diaz explained that the reason for the first item was that the period of appeal on a decision was unclear as it related to the architectural commission and the reason for the second was that when the ordinance was amended changing the "Design Review Board" to the "Architectural Review Commission" back in 1981, there were some sections of the ordinance where the wording had not been changed. He said it was just a "housekeeping" item and recommended approval . Chairman Spiegel opened the public testimony and asked if anyone wished to address the commission in FAVOR or OPPOSITION to either proposal . There was no response and the public testimony was closed. Action: Moved by Commissioner Whitlock, seconded by Commissioner Cox, adopting the findings as presented by staff. Carried 4-0 . Moved by Commissioner Whitlock, seconded by Commissioner Cox, adopting Planning Commission Resolution No. 1609 , recommending approval of ZOA 93-1 to city council . Carried 4-0 . Moved by Commissioner Whitlock, seconded by Commissioner Cox, adopting the findings as presented by staff. Carried 4-0 . Moved by Commissioner Whitlock, seconded by Commissioner Cox, adopting Planning Commission Resolution No. 1610, recommending approval of ZOA 93-2 to city council . Carried 4-0 . 10 PLANNING COMMISSION RESOLUTION NO. 1609 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL AN AMENDMENT TO SECTION 25 . 70 . 120(C) OF THE MUNICIPAL CODE TO CLARIFY THE TIME IN WHICH AN APPEAL MAY BE MADE FROM THE DECISION OF THE ARCHITECTURAL REVIEW COMMISSION. CASE NO. ZOA 93-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of February, 1993, hold a duly noticed public hearing to consider recommending to city council an amendment to the Municipal Code; and WHEREAS, Section 25 . 70 . 120(C) provides, in part, for the time within which an appeal may be taken from the decision of the Architectural Review Commission; and WHEREAS, the city has determined that the time within which an appeal may be taken from the Architectural Review Commission should be clarified; and WHEREAS, at said public hearing, upon hearing and considering all testimony arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts to justify recommending to city council approval of the municipal code amendment: 1 . That ZOA 93-1 clarifies Section 25 . 70 . 120(C) of the Palm Desert Municipal Code. 2 . That ZOA 93-1 is consistent with the objectives of the city. 3 . That ZOA 93-1 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, California, as follows : 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. 2 . That approval of ZOA 93-1, Exhibit A, is hereby recommended to city council for approval . PLANNING COMMISSION RESOLUTION NO. 1609 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of February, 1993 , by the following vote, to wit: AYES : COX, JONATHAN, WHITLOCK, SPIEGEL NOES : NONE ABSENT: NONE ABSTAIN: NONE ROBERT A. SPIEGEL, C i ATTEST: Aa1t�1 RAMON A. DIAZ , c ary Palm Desert Planni Commission /tm 2 PLANNING COMMISSION RESOLUTION NO. 1609 EXHIBIT A Chapter 25 .70 . 120 Appeals Section 1 . Section 25 . 70 . 120(C) of the Palm Desert Municipal Code shall be amended to read as follows : " (C) The appeal from a decision of the Architectural Review Commission or of the Director of Community Development shall be made within fifteen ( 15) days of the date of the decision by filing an Application of Appeal with the City Clerk. The appeal shall set forth the alleged inconsistency or nonconformity with procedures or criteria set forth in the Chapter or standards set forth in or pursuant to this code. The City Council or the Director of Community Development shall decide an appeal within thirty ( 30) days of the filing of such appeal unless an extension of time is consented to by the applicant or in the event that there is not a City Council meeting within 30 days of the appeal, the decision shall be made at the first regularly scheduled City Council meeting thereafter. The filing of an appeal shall suspend any building permit issued pursuant to the ruling of the Architectural Review Commission or Director of Community Development until the appeal has been decided. " 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, California, and the same shall be in full force and effect thirty ( 30) days after its adoption. 3 PLANNING COMMISSION RESOLUTION NO. 1610 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL AN AMENDMENT TO SECTION 25 . 86 . 020 OF THE MUNICIPAL CODE TO DELETE ANY REFERENCE TO THE "DESIGN REVIEW BOARD" . CASE NO. ZOA 93-2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of February, 1993, hold a duly noticed public hearing to consider recommending to city council an amendment to the Municipal Code; and WHEREAS, Section 25 . 86 . 020 provides for appeals of decisions of the Planning Commission, Zoning Administrator, or Design Review Board; and WHEREAS, the Design Review Board is now referred to as the Architectural Review Commission; and WHEREAS, appeals from decisions of the Architectural Review Commission are specifically addressed in another section, Section 25 . 70 . 120 of the code; and WHEREAS, at said public hearing, upon hearing and considering all testimony arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts to justify recommending to city council approval of the municipal code amendment: 1 . That ZOA 93-2 clarifies Section 25 . 86 .020 of the Palm Desert Municipal Code. 2 . That ZOA 93-2 is consistent with the objectives of the city. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows : 1 . That the above recitations are true and correct and constitute the findings of the commission in this case . 2 . That approval of ZOA 93-2, Exhibit A, is hereby recommended to city council for approval . PLANNING COMMISSIOF ESOLUTION NO. 1610 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of February, 1993 , by the following vote, to wit : AYES : COX, JONATHAN, WHITLOCK, SPIEGEL NOES : NONE ABSENT: NONE ABSTAIN: NONE ROBERT A. SPIEGEL ATTEST: RAM ON A. DIAZ , c ' ary Palm Desert Planni Commission /tm 2 PLANNING COMMISSION ;SOLUTION NO. 1610 EXHIBIT A Chapter 25 . 86 . 020 Appeal of decision of planning commission, zoning administrator or design review board Section 1 . The title to Section 25 . 86 . 020 of the Palm Desert Municipal Code shall be amended to read as follows : "A. Appeal of decision of Planning Commission, Zoning Administrator, or Director of Community Development. B. Any reference and title to Section 25 . 86 . 020 to the 'Design Review Board' shall be deleted. " 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, California, and the same shall be in full force and effect thirty ( 30) days after its adoption. 3 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: February 16, 1993 CASE NOS : ZOA 93-1, ZOA 93-2 REQUEST: Recommendation to the city council amending Section 25 . 70 . 120 (C) of the Municipal Code to clarify the time in which an appeal may be made from an Architectural Review Commission decision; and recommendation to city council amending Section 25 . 86 . 020 of the Municipal Code to delete any reference in the title of that section to the "Design Review Board" . APPLICANT: City of Palm Desert I . DISCUSSION: The attached amendment, ZOA 93-1, merely clarifies the review period on appeals from the architectural commission to the city council. ZOA 93-2 merely deletes the term "Design Review Board" . The attached . correspondence to the city clerk explains the amendments . II . RECOMMENDATION: Staff recommends : A. Adoption of the findings and adoption of Planning Commission Resolution No. , recommending to city council approval of ZOA 93-1 . B. Adoption of the findings and adoption of Planning Commission Resolution No. recommending to city council approval of ZOA 93-2 . III . ATTACHMENTS: A. Draft reso tion B. Legal notic C. Corresp nd c Prepared by- . RAD/tm PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL AN AMENDMENT TO SECTION 25 . 70 . 120(C) OF THE MUNICIPAL CODE TO CLARIFY THE TIME IN WHICH AN APPEAL MAY BE MADE FROM THE DECISION OF THE ARCHITECTURAL REVIEW COMMISSION. CASE NO. ZOA 93-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of February, 1993, hold a duly noticed public hearing to consider recommending to city council an amendment to the Municipal Code; and WHEREAS, Section 25 . 70 . 120(C) provides, in part, for the time within which an appeal may be taken from the decision of the Architectural Review Commission; and WHEREAS, the city has determined that the time within which an appeal may be taken from the Architectural Review Commission should be clarified; and WHEREAS, at said public hearing, upon hearing and considering all testimony arguments , if any, of all interested persons desiring to be heard, said planning commission did find the following facts to justify recommending to city council approval of the municipal code amendment: 1 . That ZOA 93-1 clarifies Section 25 .70 . 120 (C) of the Palm Desert Municipal Code. 2 . That ZOA 93-1 is consistent with, the objectives of the . city. 3 . That ZOA 93-1 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, California, as follows : 1 . That the above recitations are true and correct and constitute the findings of the commission in this case . 2 . That approval of ZOA 93-1, Exhibit A, is hereby recommended to city council for approval. PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of February, 1993, by the following vote, to wit: AYES : NOES: ABSENT: ABSTAIN: CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, Secretary /tm 2 j PLANNING COMMISSION RESOLUTION NO. EXHIBIT A Chapter 25 . 70 . 120 Appeals Section 1 . Section 25 . 70 . 120(C) of the Palm Desert Municipal Code shall be amended to read as follows : " (C) The appeal from a decision of the Architectural Review Commission or of the Director of Community Development shall be made within fifteen ( 15 ) days of the date of the decision by filing an Application of Appeal with the City Clerk. The appeal shall set forth the alleged inconsistency or nonconformity with procedures or criteria set forth in the Chapter or standards set forth in or pursuant to this code. The City Council or the Director of Community Development shall decide an appeal within thirty ( 30) days of the filing of such appeal unless an extension of time is consented to by the applicant or in the event that there is not a City Council meeting within 30 days of the appeal, the decision shall be made at the first regularly scheduled City Council meeting thereafter. The filing of an appeal shall suspend any building permit issued pursuant to the ruling of the Architectural Review Commission or Director of Community Development until the appeal has been decided. " 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, California, and the same shall be in full force and effect thirty ( 30) days after its adoption. 3 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL AN AMENDMENT TO SECTION 25 . 86 . 020 OF THE MUNICIPAL CODE TO DELETE ANY REFERENCE TO THE "DESIGN REVIEW BOARD" . CASE NO. ZOA 93-2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of February, 1993, hold a duly noticed public hearing to consider recommending to city council an amendment to the Municipal Code; and WHEREAS, Section 25 . 86 . 020 provides for appeals of decisions of the Planning Commission, Zoning Administrator, or Design Review Board; and WHEREAS, the Design Review Board is now referred to as the Architectural Review Commission; and WHEREAS, appeals from decisions of the Architectural Review Commission are specifically addressed in another section, Section 25 . 70 . 120 of the code; and WHEREAS, at said public hearing, upon hearing and considering all testimony arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts to justify recommending to city council approval of the municipal code amendment: 1 . That ZOA 93-2 clarifies Section 25 . 86 . 020 of the Palm Desert Municipal Code. 2 . That ZOA 93-2 is consistent with the objectives of the . _ city. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows : 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. 2 . That approval of ZOA 93-2, Exhibit A, is hereby recommended to city council for approval . ...............__...... PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of February, 1993 , by the following vote, to wit: AYES: NOES : ABSENT: ABSTAIN: CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, Secretary /tm 2 PLANNING COMMISSION RESOLUTION NO. EXHIBIT A Chapter 25 . 86 . 020 Appeal of decision of planning commission zoning administrator or design review board Section 1 . The title to Section 25 . 86 . 020 of the Palm Desert Municipal Code shall be amended to read as follows : "A. Appeal of decision of Planning Commission, Zoning Administrator, or Director of Community Development. B. Any reference and title to Section 25 . 86 .020 to the 'Design Review Board' shall be deleted. " 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, California, and the same shall be in full force and effect thirty ( 30) days after its adoption. 3 17-E i0 BRED 14a PiNG DRIVE, PALM DESERT, CaLiFORNia 312c0 " I TELEPHONE(619)346-061 t FAX(619)340-0574 January 22, 1993 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 93-1 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 amending Section 25.70.120(C) of the Municipal Code to clarify the time in which an appeal may be made from an Architectural Review Commission decision. SAID public hearing will be held on Tuesday, February 16. 1993 at 7:00 p.m. in the Council Chamber at 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 be heard. written comments concerning all items covered by this public hearing notice shall be accepted up to the date -,t the hearing. Information concerning the proposed project an: -or negative declaration is available for review in the department of community development/planning at the above address bet.ean the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. : ! you challenge the proposed actions in court, you may be to raising only those issues your or someone else raised at tie pur tic hearing described in this notice, or In written correap• - i.n�e delivered to the planning commission (or city council) at. r ; r .or to, the public hearing. PUBLISH: Desert Post RAMON A. DIAZ, Secretar , February 3, 1993 Palm Desert Planning n CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM TO: City Manager and City Council FROM: Assistant City Manager/Director of Community Development DATE: March 11 , 1993 SUBJECT: Amendment to Sections 25 . 70 . 120(C) and 25 . 86 . 020 of the Municipal Code. Attached are two clean-up ordinances as proposed by the city attorney. The amendments merely clarify the review period on appeals from the architectural commission to the city council and deletes the term "Design Review Board" . .j RAMON A. DIAZ ASSISTANT CITY MANAGER, DIRECTOR OF COMMUNITY DEVELOPMENT/PLANNING /tm Attachments : 1 . Letter from Doug Phillips 2 . Draft Ordinance No. 3 . Draft Ordinance No. 4 . Planning Commission Minutes 5 . Planning Commission Resolution Nos . 1609 and 1610 6 . Planning Commission Staff Report dated February 16, 1993 BEST, BEST 6 KRIEGER Sheila Gilligan, City Clerk City of Palm Desert December 29, 1992 Page 2 Council at the second reading. The ordinances would become effective thirty (30) days thereafter. Sheila, you may wish to use this letter as the staff report. I am also sending this letter to Bruce for his information. Very truly yours, DOUGLAS S. PHILLIPS of Best, Best 6 Krieger DSP:ma Enclosure cc: David J. Erwin, Esq. Bruce Altman D030676 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 25.70.120 (C) OF THE MUNICIPAL CODE TO CLARIFY THE TIME IN WHICH AN APPEAL MAY BE MADE FROM THE DECISION OF THE ARCHITECTURAL REVIEW COMMISSION WHEREAS, Section 25.70.120 (C) provides, in part, for the time within which an appeal may be taken from the decision of the Architectural Review Commission; and WHEREAS, the City has determined that the time within which an appeal may be taken from the Architectural Review Commission should be clarified. NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: Section 1. Section 25.70.120 (C) of the Palm Desert Municipal Code shall be amended to read as follows: "(C) The appeal from a decision of the Architectural Review Commission or of the Director of Community Development shall be made within fifteen (15) days of the date of the decision by Ming an Application of Appeal with the City Clerk. The appeal shall set forth the alleged inconsistency or nonconformity with procedures or criteria set forth in the Chapter or standards set forth in or pursuant to this code. The City Council or the Director of Community Development shall decide an appeal within thirty (30) days of the filing of such appeal unless an extension of time is consented to by the applicant or in the event that there is not a City Council meeting within 30 days of the appeal, the decision shall be made at the first regularly scheduled City Council meeting thereafter. The filing of an appeal shall suspend any building permit issued pursuant to the ruling of the Architectural Review Commission or Director of Community Development until the appeal has been decided." 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, rage C a newspaper of general circulation, printed, published, and circulated within the City of Palm Desert, California, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the _ day of , 1922, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JEAN M. BENSON, MAYOR ATTEST: SAEILA R. GILLIGAN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 25.86.020 OF THE MUNICIPAL CODE TO DELETE ANY REFERENCE IN THE TITLE OF THAT SECTION TO "THE DESIGN REVIEW BOARD" WHEREAS, Section 25.86.020 provides for appeals of decisions of the Planning Commission, Zoning Administrator, or Design Review Board; and WHEREAS, The Design Review Board is now referred to as the Architectural Review Commission; and WHEREAS, appeaLs from decisions of the Architectural Review Commission are specifically addressed in another section, Section 25.70.120 of the code. NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: Section 1. The title to Section 25.86.020 of the Palm Desert Municipal Code is hereby amended to read as follows: "A. Appeal of decision of Planning Commission, Zoning Administrator, or Director of Community Development. B. Any reference and title to Section 25.86.020 to the 'Design Review Board' shall be deleted." 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, California, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the _ day of , 1922, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JEAN M. BENSON, MAYOR ATTEST: SHEILA R. GILLIGAN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 10 4NI NO PLANNING COMMISSION RESOLUTION NO. PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of February, 1993 , by the following vote, to wit: AYES : NOES : ABSENT: ABSTAIN: CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ , Secretary /tm 2 PLANNING COMMISSION RESOLUTION NO. EXHIBIT A Chapter 25 . 86 . 020 Appeal of decision of planning commission zoning administrator or design review board Section 1 . The title to Section 25 .86 .020 of the Palm Desert Municipal Code shall be amended to read as follows : "A. Appeal of decision of Planning Commission, Zoning Administrator, or Director of Community Development. B. Any reference and title to Section 25.86 . 020 to the 'Design Review Board' shall be deleted. " 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, California, and the same shall be in full force and effect thirty ( 30) days after its adoption. 3 73510'=RED 'NARING DRIVE, IALM DESERT, CALIFORNIA 32250 i i TELEPHONE(619)346-0611 FAX(619)340-0574 January 22, 1993 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 93-1 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 amending Section 25.70.120(C) of the Municipal Code to clarify the time in which an appeal may be made from an Architectural Review Commission decision. SAID public hearing will be held on Tuesday, February 16, 1993 at 7:00 p.m. in the Council Chamber at 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 be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and,or negative declaration is available for review in the department of community development/planning at the above address betreen the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. I you challenge the proposed actions in court, you may be 1 f m 1 t ed to raising only those issues your or someone else raised at the pudic hearing described in this notice, or in written corresp• n•lence delivered to the planning commission (or city council) at, r Fr :or to, the public hearing. PUBLISH: Desert Post RAMON A. DIAZ, Secretarr, February 3, 1993 Palm Desert Planning 'n CITY OF PALM DESERT COUNCIL AGENDA REQUEST MEETING OF Dnn1Q, //, /993 Consent Calendar Item 1 . TO BE CONSIDERED AS : _Public Hearing Item Regular Item 2 . RE UE T: (Agenda Item ord ng) 3 . FINANCIAL : (Complete if Necessary) (a) Acct/Prof . # (b) Amount Requested (c) Current Budget? (d) Appropriation? Apprvd: Finance Director 4. SUBMITTED BY :_Jh�� 'f� APPR / Department ad City Manager 6/ 13/88 i I • 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 93-1 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 amending Section 25 . 70 . 120 (C) of the Municipal Code to clarify the time in which an appeal may be made from an Architectural Review Commission decision. SAID public hearing will be held on Thursday, March 11, 1993, at 7 : 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. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development/planning at the above address between the hours of 8 : 00 a.m. and 5 : 00 p.m. Monday through Friday. 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 delivered to the planning commission (or city council) at, or prior to, the public hearing. PUBLISH: Desert Post SHEILA R. GILLIGAN, City Clerk February 24 , 1993 City of Palm Desert, California 73.510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260.2578 TELEPHONE(619)346-0611 FAX(619)340-0574 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: February 17 , 1993 CITY OF PALM DESERT Re: ZOA 93-1 and ZOA 93-2 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of February 16 , 1993 . PLANNING COMMISSION ADOPTED RESOLUTION NOS. 1609 AND 1610, RECOMMENDING TO CITY COUNCIL APPROVAL OF ZOA 93-1 AND ZOA 93-2 . CARRIED 4-0 . Any appeal of the above action may be made in writing to the Director of Community Development, City of Palm Desert, within fifteen ( 15) days of the date of the decision. w1r2 OI RAMON A. DIAZ , C ARY PALM DESERT PLANNI COMMISSION RAD/tm cc : Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal PLANNING COMMISSION RESOLUTION NO. 1609 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL AN AMENDMENT TO SECTION 25 . 70 . 120 (C) OF THE MUNICIPAL CODE TO CLARIFY THE TIME IN WHICH AN APPEAL MAY BE MADE FROM THE DECISION OF THE ARCHITECTURAL REVIEW COMMISSION. CASE NO. ZOA 93-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of February, 1993, hold a duly noticed public hearing to consider recommending to city council an amendment to the Municipal Code; and WHEREAS, Section 25 . 70 . 120(C) provides, in part, for the time within which an appeal may be taken from the decision of the Architectural Review Commission; and WHEREAS, the city has determined that the time within which an appeal may be taken from the Architectural Review Commission should be clarified; and WHEREAS, at said public hearing, upon hearing and considering all testimony arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts to justify recommending to city council approval of the municipal code amendment: 1 . That ZOA 93-1 clarifies Section 25 .70 . 120(C) of the Palm Desert Municipal Code. 2 . That ZOA 93-1 is consistent with the objectives of the city. 3 . That ZOA 93-1 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, California, as follows : 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. 2 . That approval of ZOA 93-1, Exhibit A, is hereby recommended to city council for approval . PLANNING COMMISSION RESOLUTION NO. 1609 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of February, 1993 , by the following vote, to wit: AYES: COX, JONATHAN, WHITLOCK, SPIEGEL NOES : NONE ABSENT: NONE ABSTAIN: NONE ROB RT A. SPIEGEL, � man-- . � ATTEST: • I e'400�.eqs RAMON A. DIAZ , Acpdyary Palm Desert PlanniK Commission /tm 2 PLANNING COMMISSION RESOLUTION NO. 1609 EXHIBIT A Chapter 25 . 70 . 120 Appeals Section 1 . Section 25 . 70 . 120(C) of the Palm Desert Municipal Code shall be amended to read as follows : " (C) The appeal from a decision of the Architectural Review Commission or of the Director of Community Development shall be made within fifteen ( 15) days of the date of the decision by filing an Application of Appeal with the City Clerk. The appeal shall set forth the alleged inconsistency or nonconformity with procedures or criteria set forth in the Chapter or standards set forth in or pursuant to this code. The City Council or the Director of Community Development shall decide an appeal within thirty ( 30) days of the filing of such appeal unless an extension of time is consented to by the applicant or in the event that there is not a City Council meeting within 30 days of the appeal, the decision shall be made at the first regularly scheduled City Council meeting thereafter. The filing of an appeal shall suspend any building permit issued pursuant to the ruling of the Architectural Review Commission or Director of Community Development until the appeal has been decided. " 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, California, and the same shall be in full force and effect thirty ( 30) days after its adoption. 3 PLANNING COMMISSION RESOLUTION NO. 1610 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL AN AMENDMENT TO SECTION 25 . 86 . 020 OF THE MUNICIPAL CODE TO DELETE ANY REFERENCE TO THE "DESIGN REVIEW BOARD" . CASE NO. ZOA 93-2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of February, 1993, hold a duly noticed public hearing to consider recommending to city council an amendment to the Municipal Code; and WHEREAS, Section 25 . 86 . 020 provides for appeals of decisions of the Planning Commission, Zoning Administrator, or Design Review Board; and WHEREAS, the Design Review Board is now referred to as the Architectural Review Commission; and WHEREAS, appeals from decisions of the Architectural Review Commission are specifically addressed in another section, Section 25 . 70 . 120 of the code; and WHEREAS, at said public hearing, upon hearing and considering all testimony arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts to justify recommending to city council approval of the municipal code amendment: 1 . That ZOA 93-2 clarifies Section 25 . 86 . 020 of the Palm Desert Municipal Code. 2 . That ZOA 93-2 is consistent with the objectives of the city. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows : 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. 2 . That approval of ZOA 93-2, Exhibit A, is hereby recommended to city council for approval . PLANNING COMMISSION n6S0LUTI0N NO. 1610 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of February, 1993, by the following vote, to wit: AYES : COX, JONATHAN, WHITLOCK, SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE ROBERT A. SPIEGEL ATTEST: RAM ON A. DIAZ, c • ary Palm Desert Planni Commission /tm 0M 2 PLANNING COMMISSION knSOLUTION NO. 1610 EXHIBIT A Chapter 25 . 86 . 020 Appeal of decision of planning commission, zoning administrator or design review board Section 1 . The title to Section 25 . 86 . 020 of the Palm Desert Municipal Code shall be amended to read as follows : "A. Appeal of decision of Planning Commission, Zoning Administrator, or Director of Community Development. B. Any reference and title to Section 25 . 86 . 020 to the 'Design Review Board' shall be deleted. " 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, California, and the same shall be in full force and effect thirty ( 30) days after its adoption. 3 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 16 , 1993 C. /Case Nos . ZOA 93-1 and ZOA 93-2 - CITY OF PALM DESERT, Applicant Request for adoption of a resolution recommending to the city council an amendment to Section 25 . 70 . 120(C) of the Municipal Code to clarify the time in which an appeal may be made from an Architectural Review Commission decision; and adoption of a resolution recommending to the city council an amendment to Section 25 . 86 . 020 of the Municipal Code to delete any reference in the title of that section to the "Design Review Board" . Mr. Diaz explained that the reason for the first item was that the period of appeal on a decision was unclear as it related to the architectural commission and the reason for the second was that when the ordinance was amended changing the "Design Review Board" to the "Architectural Review Commission" back in 1981, there were some sections of the ordinance where the wording had not been changed. He said it was just a "housekeeping" item and recommended approval . Chairman Spiegel opened the public testimony and asked if anyone wished to address the commission in FAVOR or OPPOSITION to either proposal . There was no response and the public testimony was closed. Action: Moved by Commissioner Whitlock, seconded by Commissioner Cox, adopting the findings as presented by staff . Carried 4-0 . Moved by Commissioner Whitlock, seconded by Commissioner Cox, adopting Planning Commission Resolution No. 1609 , recommending approval of ZOA 93-1 to city council . Carried 4-0 . Moved by Commissioner Whitlock, seconded by Commissioner Cox, adopting the findings as presented by staff . Carried 4-0 . Moved by Commissioner Whitlock, seconded by Commissioner Cox, adopting Planning Commission Resolution No. 1610, recommending approval of ZOA 93-2 to city council . Carried 4-0 . 10 I! CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT . STAFF REPORT TO: Planning Commission DATE: February 16, 1993 CASE NOS : ZOA 93-1, ZOA 93-2 REQUEST: Recommendation to the city council amending Section 25 . 70 . 120 (C) of the Municipal Code to clarify the time in which an appeal may be made from an Architectural Review Commission decision; and recommendation to city council amending Section 25 . 86 . 020 of the Municipal Code to delete any reference in the title of that section to the "Design Review Board" . APPLICANT: City of Palm Desert I . DISCUSSION: The attached amendment, ZOA 93-1, merely clarifies the review period on appeals from the architectural commission to the city council . ZOA 93-2 merely deletes the term "Design Review Board" . The attached correspondence to the city clerk explains the amendments . II . RECOMMENDATION: Staff recommends : A. Adoption of the findings and adoption of Planning Commission Resolution No. , recommending to city council approval of ZOA 93-1 . B. Adoption of the findings and adoption of Planning Commission Resolution No. , recommending to city council approval of ZOA 93-2 . III . ATTACHMENTS : A. Draft reso tion B. Legal notic� C . Correspondenc Prepared by RAD/tm PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL AN AMENDMENT TO SECTION 25 . 70 . 120 (C) OF THE MUNICIPAL CODE TO CLARIFY THE TIME IN WHICH AN APPEAL MAY BE MADE FROM THE DECISION OF THE ARCHITECTURAL REVIEW COMMISSION. CASE NO. ZOA 93-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of February, 1993, hold a duly noticed public hearing to consider recommending to city council an amendment to the Municipal Code; and WHEREAS, Section 25 . 70 . 120(C) provides, in part, for the time within which an appeal may be taken from the decision of the Architectural Review Commission; and WHEREAS, the city has determined that the time within which an appeal may be taken from the Architectural Review Commission should be clarified; and WHEREAS, at said public hearing, upon hearing and considering all testimony arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts to justify recommending to city council approval of the municipal code amendment : 1 . That ZOA 93-1 clarifies Section 25 . 70 . 120(C) of the Palm Desert Municipal Code. 2 . That ZOA 93-1 is consistent with the objectives of the city. 3 . That ZOA 93-1 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, California, as follows : 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. 2 . That approval of ZOA 93-1, Exhibit A, is hereby recommended to city council for approval . PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of February, 1993 , by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, Secretary /tm 2 PLANNING COMMISSION RESOLUTION NO. EXHIBIT A Chapter 25 . 70 . 120 Appeals Section 1 . Section 25 . 70. 120(C) of the Palm Desert Municipal Code shall be amended to read as follows : " (C) The appeal from a decision of the Architectural Review Commission or of the Director of Community Development shall be made within fifteen ( 15) days of the date of the decision by filing an Application of Appeal with the City Clerk. The appeal shall set forth the alleged inconsistency or nonconformity with procedures or criteria set forth in the Chapter or standards set forth in or pursuant to this code. The City Council or the Director of Community Development shall decide an appeal within thirty ( 30) days of the filing of such appeal unless an extension of time is consented to by the applicant or in the event that there is not a City Council meeting within 30 days of the appeal, the decision shall be made at the first regularly scheduled City Council meeting thereafter. The filing of an appeal shall suspend any building permit issued pursuant to the ruling of the Architectural Review Commission or Director of Community Development until the appeal has been decided. " 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, California, and the same shall be in full force and effect thirty ( 30) days after its adoption. 3 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL AN AMENDMENT TO SECTION 25 . 86 . 020 OF THE MUNICIPAL CODE TO DELETE ANY REFERENCE TO THE "DESIGN REVIEW BOARD" . CASE NO. ZOA 93-2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of February, 1993, hold a duly noticed public hearing to consider recommending to city council an amendment to the Municipal Code; and WHEREAS, Section 25 . 86 .020 provides for appeals of decisions of the Planning Commission, Zoning Administrator, or Design Review Board; and WHEREAS, the Design Review Board is now referred to as the Architectural Review Commission; and WHEREAS, appeals from decisions of the Architectural Review Commission are specifically addressed in another section, Section 25 . 70 . 120 of the code; and WHEREAS, at said public hearing, upon hearing and considering all testimony arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts to justify recommending to city council approval of the municipal code amendment: 1 . That ZOA 93-2 clarifies Section 25 . 86 . 020 of the Palm Desert Municipal Code. 2 . That ZOA 93-2 is consistent with the objectives of the city. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows : 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. 2 . That approval of ZOA 93-2 , Exhibit A, is hereby recommended to city council for approval . PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of February, 1993, by the following vote, to wit: AYES: NOES : ABSENT: ABSTAIN: CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, Secretary /tm 2 PLANNING COMMISSION RESOLUTION NO. EXHIBIT A Chapter 25 . 86 . 020 Appeal of decision of planning commission, zoning administrator or design review board Section 1 . The title to Section 25 . 86 . 020 of the Palm Desert Municipal Code shall be amended to read as follows : "A. Appeal of decision of Planning Commission, Zoning Administrator, or Director of Community Development. B. Any reference and title to Section 25 . 86 . 020 to the 'Design Review Board' shall be deleted. " 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, California, and the same shall be in full force and effect thirty (30) days after its adoption. 3 S �AuW 00 Uu@ L��CPR - 73 510 FREO WA RING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE(619)346-0611 FAX(619)340-0574 January 22, 1993 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 93-1 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 amending Section 25.70.120(C) of the Municipal Code to clarify the time in which an appeal may be made from an Architectural Review Commission decision. SAID public hearing will be held on Tuesday, February 16, 1993 at 7:00 p.m. in the Council Chamber at 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 be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development/planning at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues your or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council) at, or prior to, the public hearing. PUBLISH: Desert Post RAMON A. DIAZ, Secretary February 3, 1993 Palm Desert Planning Commission 73 510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE(619)346-0611 FAX(619)340-0574 January 22, 1993 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 93-2 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 amending Section 25.86.020 of the Municipal Code to delete any reference in the title of that Section to "The Design Review Board". SAID public hearing will be held on Tuesday, February 16, '1993 at 7:00 p.m. in the Council Chamber at 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 be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development/planning at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues your or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council) at, or prior to, the public hearing. PUBLISH: Desert Post RAMON A. DIAZ, Secretary February 3, 1993 Palm Desert Planning Commission BEST, BEST & KRIEGER A PNRMLINwP iKLjOi PIK L A-Lp PATU LAWYERS ARTHUR L.UTTLEWORTH' DOUGLAS S.PHILLIPS' MATT H.MORRIS MARSHALL S.RUDOLPH SUITE 312 GLEN E.STEPHENS' ANTONIA GRAPHOS JEFFREY V.DUNN KIM A.BYRENS 39700 BOB HOPE DRIVE WILLIAM R.DAWOLFE' GREGORY K.WILKINSON STEVEN C.D.BAUN CYNTHIA M.GERMANO $ i$S POST OFFICE BOX BARTON C.GAUT' WYNNE S.FURTH GRANT H.DVEIRIN MARY E.GILSTRAP RANCHO MIRAGE.CALIFORNIA 155 92270 PAUL T.SELLER' DAVID L.BARON ERIC L.GARNER NGUYEN O.PHAN DALLAS HOLMES' EUGENE TANAKA DENNIS M.COTA DANIEL C.PARKER,JR. TELEPHONE(619)568-2611 CHRISTOPHER L.CARPENTER'BASIL T.CHAPMAN JULIE HAYW ARD BIGGS GINEVRA C.MARUM TELECOPIER<619)3<0-6698 RICHARD T.ANDERSON' TIMOTHY M.CONNOR RACHELLE J.NICOLLE CHARLES E.KOLLER JOHN D.WAHLIN' VICTOR L.WOLF ROBERT W.HARGREAVES GLENN P.SABINE MICHAEL D.HARRIS' DANIEL E.OLIVIER JANICE L.WEIS CHRISTINE L.RICHARDSON W.CURT EALY' DANIEL J.M<HUGH SHARYL WALKER IOANE GARCIA-COLSON THOMAS S.SLOVAK' HOWARD 8.GOLDS PATRICK W.PEARCE PHILIP J.KOEHLER JOHN E.BROWN' STEPHEN P.DEITSCH KIRK W.SMITH DIANE C.WIESE MICHAEL T.RIDDELL' MARC E.EMPEY JASON D.DABAREINER STEVEN S.KAUFHOLD MEREDITH A.JURY' JOHN R.ROTTSCHAEFER KYLE A.SNOW REBECCA MARES GURNEY OF COUNSEL MICHAEL GRANT' MARTIN A.MUELLER MARK A.EASTER ALLISON C.HARGRAVE FRANCIS J.BAUM' J.MICHAEL SUMMEROUR DIANE L.FINLEY DOROTHY 1.ANDERSON JAMES B.CORISON ANNE T.THOMAS' VICTORIA N.KING MICHELLE OUELLETTE G.HENRY WELLES D.MARTIN NETHERY' JEFFERY J.CRANDALL PETER M.BARMACK JAMES R.HARPER GEORGE M.REYES SCOTT C.SMITH DAVID P.PHIPPEN.SR. DINA O.HARRIS WILLIAM W.FLOYD,JR. JACK 8.CLARKE.JR. KENNETH R.WEISS MICHAEL A.CRISTE' BRIAN M.LEWIS SUSAN C.NAUSS _ GREGORY L.HAROKE JEANNETTE A.PETERSON CHRISTOPHER DOBSON OFFICES IN KENDALL H.M.LVEY BRADLEY E.NEUFELD BERNIE L.WILLIAMSON RIVERSIDE OIB686-1 A50 CLARK H.ALSOP' KANDY LEE ALLEN EWNE E.HILL RAYMOND BEST(IS58-1957) DAVID J.ERWIN- ELISE K.TRAYNUM KCVIN K.RANDOLPH JAMES H.KRIEGER(1913-1975) PALM SPRINGS(61 W325-V26A MICHAEL J.ANDELSON' WILLIAM D.DAHLING,JR, JAMES G.GILPIN EUGENE BEST(I693-1981) ONTARIO 014)989-8584 •NCFVE4+LL WAICwATON - December 29, 1992 C'D Sheila R. Gilligan, City Clerk City of Palm Desert 73-510 Fred Waring Drive ? F': V Palm Desert, CA 92260 � c; m Dear Sheila: W Per our telephone conversation of December 29, 1992, I enclose a proposed ordinance amending Palm Desert Municipal Code Section 25.86. 020 which deletes the reference to the Design Review Board which was contained in the old ordinance. This change is proper because the City no longer has a Design Review Board. Rather, the City now has an Architectural Commission. Appeals with respect to architectural review are covered in another ordinance at Section 25.70. 120. Therefore, any reference to the Design Review Board in Section 25. 86. 020 should be deleted. I also enclose a revised ordinance amending Section 25.70. 120 which clarifies the timing of any appeal from the decision of the Architectural Commission. The new ordinance clarifies that any appeal from the Architectural Commission must be filed with the City Clerk within fifteen (15) days from the date of the decision of the Architectural Commission. Because each of these ordinances affect zoning matters, the case should be reviewed and approved by the planning department placed on the Planning Commission agenda for review and recommendation and placed on the City Council agenda under legislative items. The Planning Commission Hearing should be a public hearing and the first reading of the ordinance by the City Council should also be a public hearing with adoption by the City DSP30676 LAW OFFICES OF BEST, BEST & KRIEG. Sheila Gilligan, City Clerk City of Palm Desert December 29, 1992 Page 2 Council at the second reading. The ordinances would become effective thirty (30) days thereafter. Sheila, you may wish to use this letter as the staff report. I am also sending this letter to Bruce for his information. Very truly yours, DOUGLAS S. PHILLIPS of Best, Best & Krieger DSP:ma Enclosure cc: David J. Erwin, Esq. Bruce Altman DSP30676 ORDINANCE NO. _ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 25.70.120 (C) OF THE MUNICIPAL CODE TO CLARIFY THE TIME IN WHICH AN APPEAL MAY BE MADE FROM THE DECISION OF THE ARCHITECTURAL REVIEW COMMISSION WHEREAS, Section 25.70.120 (C) provides, in part, for the time within which an appeal may be taken from the decision of the Architectural Review Commission; and WHEREAS, the City has determined that the time within which an appeal may be taken from the Architectural Review Commission should be clarified. NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: Section 1 Section 25.70.120 (C) of the Palm Desert Municipal Code shall be amended to read as follows: "(C) The appeal from a decision of the Architectural Review Commission or of the Director of Community Development shall be made within fifteen (15) days of the date of the decision by filing an Application of Appeal with the City Clerk. The appeal shall set forth the alleged inconsistency or nonconformity with procedures or criteria set forth in the Chapter or standards set forth in or pursuant to this code. The City Council or the Director of Community Development shall decide an appeal within thirty (30) days of the filing of such appeal unless an extension of time is consented to by the applicant or in the event that there is not a City Council meeting within 30 days of the appeal, the decision shall be made at the first regularly scheduled City Council meeting thereafter. The filing of an appeal shall suspend any building permit issued pursuant to the ruling of the Architectural Review Commission or Director of Community Development until the appeal has been decided." 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, ORDINANCE NO. _ Page 2 a newspaper of general circulation, printed, published, and circulated within the City of Palm Desert, California, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the _ day of , 1993, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JEAN M. BENSON, MAYOR ATTEST: SHEILA R. GILLIGAN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 25.86.020 OF THE MUNICIPAL CODE TO DELETE ANY REFERENCE IN THE TITLE OF THAT SECTION TO "THE DESIGN REVIEW BOARD" WHEREAS, Section 25.86.020 provides for appeals of decisions of the Planning Commission, Zoning Administrator, or Design Review Board; and WHEREAS, The Design Review Board is now referred to as the Architectural Review Commission; and WHEREAS, appeaLs from decisions of the Architectural Review Commission are specifically addressed in another section, Section 25.70.120 of the code. NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: Section 1. The title to Section 25.86.020 of the Palm Desert Municipal Code is hereby amended to read as follows: "A. Appeal of decision of Planning Commission, Zoning Administrator, or Director of Community Development. B. Any reference and title to Section 25.86.020 to the 'Design Review Board' shall be deleted." 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, California, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the_ day of , 1993, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JEAN M. BENSON, MAYOR ATTEST: SHEILA R. GILLIGAN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 0 pads o 0 0 u� 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619)346-0611 FAX(619) 340-0574 January 22 , 1993 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 93-1 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 amending Section 25 . 70 . 120(C) of the Municipal Code to clarify the time in which an appeal may be made from an Architectural Review Commission decision. SAID public hearing will be held on Tuesday, February 16 , 1993 at 7 : 00 p.m. in the Council Chamber at 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 be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development/planning at the above address between the hours of 8 : 00 a.m. and 5 : 00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues your or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council ) at, or prior to, the public hearing. PUBLISH: Desert Post RAMON A. DIAZ, Secretary February 3, 1993 Palm Desert Planning Commission o 0 0 n 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619)346-0611 FAX(619) 340-0574 January 22 , 1993 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 93-2 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 amending Section 25 . 86 . 020 of the Municipal Code to delete any reference in the title of -that Section to "The Design Review Board" . SAID public hearing will be held on Tuesday, February 16 , 1993 at 7 : 00 p.m. in the Council Chamber at 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 be heard. Written comments concerning all items covered by this Public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development/planning at the above address between the hours of 8 : 00 a.m. and 5 : 00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues your or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council) at, or prior to, the public hearing. PUBLISH: Desert Post RAMON A. DIAZ , Secretary February 3, 1993 Palm Desert Planning Commission