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HomeMy WebLinkAboutZOA 96-4 CUP SUSPENSIONS/REVOCATIONS 1996 Zo A 96- y ORDINANCE NO. 819 AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 25.72. 130 OF THE PALM DESERT MUNICIPAL CODE RELATING TO THE SUSPENSION AND REVOCATION OF CONDITIONAL USE PERMITS. The City Council of the City of Palm Desert DOES ORDAIN as follows: Section 1. Section 25.72.130 of the Palm Desert Municipal Code is hereby amended to read as follows: 1025.72.130 suspension and revocation. Any conditional use permit issued pursuant to the provisions of this title may be modified; discontinued, suspended or revoked by the planning commission upon receiving satisfactory evidence that the permittee, its agent(s) , employee(s) or any person connected or associated with the permittee: (1) has failed to comply with any applicable provision of the Palm Desert Municipal Code, including but not limited to the city's building, zoning and health regulations; (2) has failed to comply with any condition imposed by the conditional use permit; or (3) has allowed the existence of or created a public nuisance in violation of the Palm Desert Municipal Code. Said modification, discontinuance, suspension or revocation shall be made only after a duly noticed hearing before the planning commission, which hearing shall be conducted within forty days of learning of the violation. Not more than thirty days or less than ten days prior to the hearing, written notice of the time and place of hearing shall be given to the permittee. The notice shall specify in general terms the ground upon which the planning commission intends to modify, discontinue, suspend or revoke the conditional use permit. Said notice shall be deemed complete when delivered to the permittee by personal service, when sent by certified mail to the permittee's last known address, or when posted in a conspicuous place on the property for which the conditional use permit was issued. Notice of the hearing shall also be mailed not more than thirty days or less than ten days prior to the hearing to all persons whose names appear on the latest adopted tax roll of Riverside County as owning property within three hundred feet of the exterior boundaries of the property subject to the hearing and all persons who SAJ86940 - have filed written complaints with the city regarding the subject property. After giving notice and conducting the hearing, the planning commission may modify, discontinue, suspend or revoke the conditional use permit. As part of any such action, the planning commission may impose such conditions as it deems appropriate, including those necessary to protect the best interests of the surrounding property to the neighborhood; to eliminate, lessen, or prevent any detrimental effect thereon, or to assure compliance with other applicable provisions of the law. Any such action shall be supported by written findings, including a finding that it does not impair the constitutional rights of any person. The decision of the planning commission shall become final thirty days following the date on which the conditional use permit was suspended or revoked unless an appeal has been filed with the city council in accordance with Chapter 25.86 of this code. " 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. PASSED, APPROVED and ADOPTED this 12 day of December, 1996, by the following vote, to wit: AYES: BENSON, CRITES, SNYDER, SPIEGEL, KELLY NOES: NONE ABSENT: NONE ABSTAIN NONE RICHAR S. ELLY, Nayor City of Palm Desert, California ATTEST: Z61 / /SHEILA R. GItLIGAN, Ci y Clerk City of Palm Deserts alifornia SAJ86940 -2- F `Y City ®f Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619)346-0611 FAX(619)341-7098 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: October 16, 1996 City of Palm Desert Re: ZOA 96-4 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of October 15, 1996 : PLANNING COMMISSION RECOMMENDED TO CITY COUNCIL APPROVAL OF ZOA 96-4 BY ADOPTION OF PLANNING COMMISSION RESOLUTION NO. 1771. CARRIED 4-1 (COMMISSIONER CAMPBELL VOTED NO) . 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. AA PHI LIP DREL SECRETARY \ 0 PALM DESERT CANNING COMMISSION PD/tm CC : Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal RP.W PePm R PLANT' COMMISSION RESOLUTION NO 771 F A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF AN AMENDMENT TO SECTION 25 . 72 .130 OF THE PALM DESERT MUNICIPAL CODE RELATING TO THE SUSPENSION AND REVOCATION OF CONDITIONAL USE PERMITS. CASE NO. ZOA 96-4 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of October, 1996, hold a duly noticed public hearing to consider an amendment to Section 25 . 72 . 130 of the Palm Desert Municipal Code relating to the suspension and revocation of conditional use permits; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to justify their actions : 1. The proposed amendment will assure that when the city needs to suspend or revoke a conditional use permit that the procedure which will be followed will be in compliance with constitutional requirements . 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 Planning Commission in this case. 2 . That ZOA 96-4, Exhibit A, is hereby recommended to the City Council for approval . . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission; held on this 15th day of October, 1996, by the following vote, to wit : AYES : FERGUSON, FERNANDEZ, JONATHAN, BEATY NOES : CAMPBELL ABSENT: NONE ABSTAIN: NONE PAUL R. BEATY, Ch irperson ATTEST: PHILIP DRELL Secretary Palm Desert Secretary Commission I PLANNING COMMISSIOm RESOLUTION NO. 1771 EXHIBIT A Section 1 . Section 25 . 72 . 130 of the Palm Desert Municipal Code is hereby amended to read as follows : 1125.72.130 Suspension and revocation. Any conditional use ,permit issued pursuant to the provisions of this title may be modified, discontinued, suspended or revoked by the planning commission upon receiving satisfactory evidence that the permittee has violated any provisions of this title or has failed to comply with the conditions imposed by the conditional use permit . Said modification, discontinuance, suspension or revocation shall be made only after a duly noticed hearing before the planning commission, which hearing shall be conducted within forty days of learning of the violation. Not more than thirty days or less than ten days prior to the hearing, written notice of the time and place of hearing shall be given to the permittee. The notice shall specify in general terms the ground upon which the planning commission intends to modify, discontinue, suspend or revoke the conditional use permit . Said notice shall be deemed complete when delivered to the permittee by personal service, when sent by certified mail to the permittee' s last known address, or when posted in a conspicuous place on the property for which the conditional use permit was issued. Notice of the hearing shall also be mailed not more than thirty days or less than ten days prior to the hearing to all persons whose names appear on the latest adopted tax roll of Riverside County as owning property within three hundred feet of the exterior boundaries of the property subject to the hearing and all persons who have filed written complaints with the city regarding the subject property. After giving notice and conducting the hearing, the planning commission may modify, discontinue, suspend or revoke the conditional use permit . As part of any such action, the planning commission may impose such conditions as it deems appropriate, including those necessary to protect the best interests of the surrounding property to the neighborhood; to eliminate, lessen, or prevent any detrimental effect thereon, or to assure compliance with other applicable provisions of the law. Any such action shall be supported by written findings, including a finding that it does not impair the constitutional rights of any person. PLANNING COMMISSIWm RESOLUTION NO. 1771 The decision of the planning commission shall become final thirty days following the date on which the conditional use permit was suspended or revoked unless an appeal has been filed with the city council in accordance with Chapter 25 . 86 of this code. " � F � MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 1996 ( C: Case No. ZOA 96-4 - CITY OF PALM DESERT, Applicant Request for approval of an amendment to Section 25 . 72 . 130 of the Palm Desert Municipal Code relating to the procedure for revoking conditional use permits . Mr. Smith explained that the City Attorney brought it to staff s attention that there was a flaw in Section 25 . 72 . 130 . The way it is presently written provides for the automatic suspension or revocation of a conditional use permit. He noted that staff has never had to use it, but it was advisable to correct the situation. The City Attorney' s office provided language which provides for a hearing before revoking a conditional use permit. He said that this was a class 5 categorical exemption for purposes of CEQA. He noted that the language was in the exhibit to the draft resolution. Chairperson Beaty opened the public hearing and asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal . There was no one and the public hearing was closed. Action: Moved by Commissioner Ferguson, seconded by Commissioner Fernandez, approving the findings as presented by staff . Carried 4-1 (Commissioner Campbell voted no) . Moved by Commissioner Ferguson, seconded by Commissioner Fernandez, adopting Planning Commission Resolution No. 1771, approving ZOA 96-4, subject to conditions . Carried 4-1 (Commissioner Campbell voted no) . Commissioner Jonathan asked if Commissioner Campbell wished to elaborate on why she was voting no. Commissioner Campbell indicated that when a conditional use permit was granted it was at a public hearing and the applicant was aware of the rules and regulations for the conditional use permit . Now if anything happens, she felt the CUP should be revoked and then they could come back to the commission asking for another conditional use permit and then tell the commission what they have done to correct the problem. Commissioner Ferguson felt that if the city could legally do that they would. 10 f v� t MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 1996 Ms . Jacobson explained that it couldn't just be taken away from them because a conditional use permit grants them a vested right. If it was just taken away, they would be depriving them of their rights . They had to have a hearing first and then thereafter they could come back, although under the code they would have to wait one year. Commissioner Ferguson noted that was procedural due process. Mr. Drell said that basically the commission could revoke the conditional use permit, he couldn' t . Ms. Jacobson clarified that right now it automatically suspends the permit and then a hearing was held. This was only changing the suspension part . IX. MISCELLANEOUS None . X. ECONOMIC DEVELOPMENT ADVISORY COMMITTEE UPDATE None. XI . COMMENTS None. XII. ADJOURNMENT Moved by Commissioner Campbell, seconded by Commissioner Fernandez, adjourning the meeting by minute motion. Carried S- 0 . The meeting was adjourned at 7 : 32 p.m. PHILIP DRELL, Secretary ATTEST: PAUL R. BEATY, Chairperson Palm Desert Planning Commission /tm 11 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER' 17, 1996 Chairperson Beaty opened the public hearing and the applicant to address the commission. Mr. Nunez spoke from the audience and said he was present to answer any questions . Chairperson Beaty asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal . There was no one and the public hearing was closed. Chairperson Beaty asked for commission comments or action. Commissioner Jonathan stated that he was concerned about the shortage of parking spaces, but he found staff' s presentation persuasive and there were circumstances that justify an exception and this seemed to be one of them. He stated that he would move for approval . Chairperson Beaty concurred and felt that more variety was needed in that area and hoped they were successful . Action: Moved by Commissioner Jonathan, seconded by Commissioner Fernandez, approving the findings as presented by staff . Carried 5-0 . Moved by Commissioner Jonathan, seconded by Commissioner Fernandez, adopting Planning Commission Resolution No. 1763 , approving CUP 96-24, subject to conditions . Carried 5-0 . �B ! Case No. ZOA 96-3 - CITY OF PALM DESERT, Applicant Request for approval of an amendment to the E1 Paseo Pedestrian Commercial Overlay Zone . Mr . Smith stated that what was before the commission was a proposed amendment which would alter an ordinance that became effective in 1987 . Along E1 Paseo between Portola and Highway 74 there is a restriction limiting street-front first floor uses to pedestrian-oriented retail and personal service businesses . The original intent in 1987 from the Core Area Commercial Plan was to limit all new uses to that criteria in that the goal ' was to create a continuous succession of 4 f' ~ MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 17, 1996 pedestrian-oriented store fronts . During the processing of the 1987 ordinance there was input from businesses and the ordinance ended up being applicable to commercial frontage constructed after July 1, 1987 . The proposal at this point is to eliminate the verbiage applying it to new construction after July 1, 1987 and making it applicable to all new tenants in all first-floor street front spaces regardless of when the building was constructed. This has come to the city at the request of the E1 Paseo Business Association because that group feels that future vacant spaces along E1 Paseo should be filled with retail pedestrian-oriented businesses . A second part of the amendment would change the words "new uses" to "new tenants" . Staff felt that would help clarify things . He said this was a Class 5 categorical exemption for purposes of CEQA and the recommendation is that Planning Commission recommend approval of ZOA 96-3 to City Council . Commissioner Ferguson stated that this was prospective in its application. Even though the buildings were constructed after 1987 it would only apply to tenants coming in after the effective date of the ordinance, whenever that is . Existing tenants wouldn' t be disturbed, but new tenants would be subject to this overlay. Mr. Smith concurred. Mr. Drell also indicated that this ordinance didn' t prohibit non-listed uses, it just made them subject to a conditional use permit process . He felt this created a significant hurdle and an incentive for landlords to try and find pedestrian-friendly uses and would give the city the ability to deny them if they were detrimental to the street . Chairperson Beaty opened the public testimony and asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal . MR. DAVID FLETCHER, 74-095 Covered Wagon Trail in Palm Desert, stated that he manages a number of buildings on E1 Paseo and he was on the board of the merchants association for the street . He said that all of the buildings that he manages were either remodeled or built after 1987 and they have adhered to this policy. They would have done that regardless of the city ordinance . 5 Y � MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 17, 1996 They found that certain uses were incompatible and prevented the filling of vacant spaces as they occur. Retail tenants were very sensitive to their neighbors and as the street has matured, there were uses on the street that block walking traffic and as those become vacant, he recommended that they try and get more pedestrian- friendly uses in those spaces . It was not a function of when the building was built--those tenants that were there should be there, but if the spaces become available as a city they should try and make E1 Paseo more pedestrian friendly and try and do something in that direction. He recommended approval . Chairperson Beaty closed the public hearing and asked for commission comments or action. Commissioner Ferguson informed commission that this issue was before the Comprehensive Zoning Ordinance Review Committee which overwhelmingly gave its endorsement. They looked at the purpose and the history of the original ordinance and its evolution since that time . He said he personally would like greater uniformity to the pedestrian flow on El Paseo . He enjoyed walking down there and understood where the gaps were and felt that overall this would be good for E1 Paseo and he supported it wholeheartedly. Action: Moved by Commissioner Ferguson seconded by Commissioner Campbell, approving the findings as presented by staff . Carried 5-0 . Moved by Commissioner Ferguson, seconded by Commissioner Campbell, adopting Planning Commission Resolution No. 1764 , recommending to the City Council approval of ZOA 96-3 , an amendment to Chapter 25 .29, the El Paseo Pedestrian Commercial Overlay Zone . Carried 5-0 . 6 PROOF OF PUBLICATION County Clerk 's Filing Stamp (2015.5 C.C.P) fit- STATE OF CALIFORNIA, County of Riverside, ---------------------------------------; I am a citizen of the United States Proof of Publication of and a resident of the County afore- said; I am over the age of eighteen LEGAL NOTICE years , and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the PALM DESERT POST a newspaper of general circulation, printed and published weekly in the CITY OF PALM[DESERT City of Palm Desert, Cathedral City, LEGAL NOTICE NOTICE IS HEREBY GIVEN that a public hearing wgl be -_ and Rancho Mirage, County of hey before the Palm Desert Planning Commission to core Riverside, and. which newspaper has sidaz an amendment to the MuniciWCodeisec op�? 25,72,130 relating to the procedure for revokingg condit been adjudged a newspaper of general use permits.. * yP" circulation by the Superior Court of SAID public hearing Wit be held on Tuesday. DCybe(:5„ the County of Riverside State of tan Civic Ce:00 pm.I351 the Fred lacing De=et Meru Desert. , sort Civic Center,7&510 Fred Waring Drive;Palm Desert, California, under the date of Callfomla,atwhkh ome and Pleceallmserested persorts are Invited to attend and be heard.Written comments concern- October 5, 1964, Case Number 83658, Ing all Items covered by this public hearing notloeshail be that the notice, of which the accepted upluthe dale of the hearing.Informatiodecn conceration ns annexed 1S a Irg the proposed project anNor,.tlegailir printed copy available for review InlhaDepartmentdComnlunilyDoe- (set in type not smaller than nonpareil ) , lopment at she above address bet94ert#4 hairs pf 9:00 has been published in each regular and 1heprod5v°gm.nsincoMraugme bG tedn�as� P g Me Proposed actions In court,you entire issue of said newspaper and not in only Muse Issues you or someone else raised at the public an supplement thereof on the following hearing described In this wdce.o in slonawitien or,Pr". r on. Y P P g dance delivered to tits p arming commisslon 9I,a pry . dates, to-wit: the public hewing X" . .„,,; ByIWHA-IP DRELL. Secretary SEPTEMBRR 26 1996 Palm Desert Plarming Cernmtssion I certify (or declare) under penalty (Pub. D.P. September 26, 19%) of perjury that the foregoing is true and correct . Dated at Palm Desert , California this 6TH DAY OF SEPTEMBER 199 - ---------- --i at- ---------- CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT I . TO: Honorable Mayor and City Council II . REQUEST: Consideration of approval of an amendment to Section 25 . 72 . 130 of the Palm Desert Municipal Code relating to the procedure for revoking conditional use permits . III. APPLICANT: City of Palm Desert IV. CASE NO: ZOA 96-4 V. DATE: November 14, 1996 VI . CONTENTS: A. Staff Recommendation B. Discussion C. Draft Ordinance No. D. Planning Commission Minutes involving Case No. ZOA 96-4 E. Planning Commission Resolution No. 1771 F. Planning Commission Staff Report dated October 15, 1996 G. Related maps and/or exhibits --------------------- ------------------------------------------------- A. STAFF RECOMMENDATION: Waive further reading and pass Ordinance No. to second reading. B. BACKGROUND: The City Attorney has written to staff expressing concern as to the constitutionality of the existing procedures contained in Section 25 . 72 . 130 which provides for a conditional use permit to be automatically suspended for failure to comply with conditions . C. ANALYSIS: As outlined in the City Attorney' s letter of September 12 , 1996 (copy attached) the existing procedure to suspend a CUP allows the City to automatically suspend a CUP under certain specified CITY COUNCIL STAFF .APORT CASE NO. ZOA 96-4 NOVEMBER 14, 1996 circumstances . The concern is that the holder of a CUP would be denied his property without due process (i .e . no notice or hearing) . The proposed amendment allows the Planning Commission to revoke or suspend a permit only after a duly noticed public hearing. As well , the amendment sets forth the precise notice that must be given to the violator. D. CEQA REVIEW: The proposed amendment is a Class 5 categorical exemption for the purposes of CEQA and no further documentation is necessary. The Planning Commission reviewed this case at its October 15, 1996 meeting. No members of the public spoke at the Planning Commission hearing. The commission voted 4-1, with Commissioner Campbell dissenting, to recommend approval of the amendment to the City Council . Commissioner Campbell expressed the opinion that . the current language should be retained. Holders of conditional use permits know the conditions under which they were approved and should be held to those conditions . Prepared by: 90Fve Smith Reviewed and Approved by: hil Drell /tm 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 25.72 . 130 OF THE PALM DESERT MUNICIPAL CODE RELATING TO THE SUSPENSION AND REVOCATION OF CONDITIONAL USE PERMITS. The City Council of the City of Palm Desert DOES ORDAIN as follows: Section 1. Section 25.72 . 130 of the Palm Desert Municipal Code is hereby amended to read as follows: 1125.72.130 Suspension and revocation. Any conditional use permit issued pursuant to the provisions of this title may be modified, discontinued, suspended or revoked by the planning commission upon receiving satisfactory evidence that the permittee has violated any provisions of this title or has failed to comply with the conditions imposed by the conditional use permit. Said modification, discontinuance, suspension or revocation shall be made only after a duly noticed hearing before the planning commission, which hearing shall be conducted within forty days of learning of the violation. Not more than thirty days or less than ten days prior to the hearing, written notice of the time and place of hearing shall be given to the permittee. The notice shall specify in general terms the ground upon which the planning commission intends to modify, discontinue, suspend or revoke the conditional use permit. Said notice shall be deemed complete when delivered to the permittee by personal service, when sent by certified mail to the permittee's last known address, or when posted in a conspicuous place on the property for which the conditional use permit was issued. Notice of the hearing shall also be mailed not more than thirty days or less than ten days prior to the hearing to all persons whose names appear on the latest adopted tax roll of Riverside County as owning property within three hundred feet of the exterior boundaries of the property subject to the hearing and all persons who have filed written complaints with the city regarding the subject property. After giving notice and conducting the hearing, the planning commission may modify, discontinue, suspend or revoke the conditional use permit. As part of any such action, the planning commission may impose such SAJ86940 V conditions as it deems appropriate, including those necessary to protect the best interests of the surrounding property to the neighborhood; to eliminate, lessen, or prevent any detrimental effect thereon, or to assure compliance with other applicable provisions of the law. Any such action shall be supported by written findings, including a finding that it does not impair the constitutional rights of any person. The decision of the planning commission shall become final thirty days following the date on which the conditional use permit was suspended or revoked unless an appeal has been filed with the city council in accordance with Chapter 25.86 of this code. " 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. PASSED, APPROVED and ADOPTED this day of August, 1996, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN WALTER H. SNYDER, Mayor City of Palm Desert, California ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California SAJ86940 -2 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 1996 ° a;6 a C. Case No. ZOA 96-4 - CITY OF PALM DESERT, Applic Request for approval of an amendment to Section 25 . 72 . 130 of the Palm Desert Municipal Code relating to the procedure for revoking conditional use permits . Mr. Smith explained that the City Attorney brought it to staff' s attention that there was a flaw in Section 25 . 72 . 130 . The way it is presently written provides for the automatic suspension or revocation of a conditional use permit . He noted that staff has never had to use it, but it was advisable to correct the situation. The City Attorney' s office provided language which provides for a hearing before revoking a conditional use permit. He said that this was a class 5 categorical exemption for purposes of CEQA. He noted that the language was in the exhibit to the draft resolution. Chairperson Beaty opened the public hearing and asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal . There was no one and the public hearing was closed. Action: Moved by Commissioner Ferguson, seconded by Commissioner Fernandez, approving the findings as presented by staff. Carried 4-1 (Commissioner Campbell voted no) . Moved by Commissioner Ferguson, seconded by Commissioner Fernandez, adopting Planning Commission Resolution No. 1771, approving ZOA 96-4, subject to conditions . Carried 4-1 (Commissioner Campbell voted no) . Commissioner Jonathan asked if Commissioner Campbell wished to elaborate on why she was voting no. Commissioner Campbell indicated that when a conditional use permit was granted it was at a public hearing and the applicant was aware of the rules and regulations for the conditional use permit. Now if anything happens, she felt the CUP should be revoked and then they could come back to the commission asking for another conditional use permit and then tell the commission what they have done to correct the problem. Commissioner Ferguson felt that if the city could legally do that they would. 10 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 1996 FGi T Ms. Jacobson explained that it couldn' t just be tak%1// r�rom them because a conditional use permit grants them a vested right. If it was just taken away, they would be depriving them of their rights . They had to have a hearing first and then thereafter they could come back, although under the code they would have to wait one year. Commissioner Ferguson noted that was procedural due process. Mr. Drell said that basically the commission could revoke the conditional use permit, he couldn' t . Ms. Jacobson clarified that right now it automatically suspends the permit and then a hearing was held. This was only changing the suspension part. IX. MISCELLANEOUS None. X. ECONOMIC DEVELOPMENT ADVISORY COMMITTEE UPDATE None. XI. COMMENTS None. XII. ADJOURNMENT Moved by Commissioner Campbell, seconded by Commissioner Fernandez, adjourning the meeting by minute motion. Carried 5- 0 . The meeting was adjourned at 7 : 32 p.m. PHILIP DRELL, Secretary ATTEST: PAUL R. BEATY, Chairperson Palm Desert Planning Commission /tm 11 PLANF" I COMMISSION RESOLUTION NO 771 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF AN AMENDMENT TO SECTION 25 .72 . 130 OF THE PALM DESERT MUNICIPAL CODE RELATING TO THE SUSPENSION AND REVOCATION OF CONDITIONAL USE PERMITS . CASE NO. ZOA 96-4 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of October, 1996, hold a duly noticed public hearing to consider an amendment to Section 25 . 72 . 130 of the Palm Desert Municipal Code relating to the suspension and revocation of conditional use permits; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to justify their actions : 1. The proposed amendment will assure that when the city needs to suspend or revoke a conditional use permit that the procedure which will be followed will be in compliance with constitutional requirements. 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 Planning Commission in this case. 2 . That ZOA 96-4, Exhibit A, is hereby recommended to the City Council for approval. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission; held on this 15th day of October, 1996, by the following vote, to wit : AYES: FERGUSON, FERNANDEZ, JONATHAN, BEATY NOES: CAMPBELL ABSENT: NONE ABSTAIN: NONE PAUL R. BEATY, Ch irperson ATTEST: PHILIP DRELL Secretary Palm Desert lanning Commission PLANNING COMMISSIG- RESOLUTION NO. 1771 EXHIBIT A Section 1 . Section 25 . 72 .130 of the Palm Desert Municipal Code is hereby amended to read as follows : "25 .72 .130 Suspension and revocation. Any conditional use permit issued pursuant to the provisions of this title may be modified, discontinued, suspended or revoked by the planning commission upon receiving satisfactory evidence that the permittee has violated any provisions of this title or has failed to comply with the conditions imposed by the conditional use permit. Said modification, discontinuance, suspension or revocation shall be made only after a duly noticed hearing before the planning commission, which hearing shall be conducted within forty days of learning of the violation. Not more than thirty days or less than ten days prior to the hearing, written notice of the time and place of hearing shall be given to the permittee. The notice shall specify in general terms the ground upon , which the planning commission intends to modify, discontinue, suspend or revoke the conditional use permit . Said notice shall be deemed complete when delivered to the permittee by personal service, when sent by certified mail to the permittee' s last known address, or when posted in a conspicuous place on the property for which the conditional use permit was issued. Notice of the hearing shall also be mailed not more than thirty days or less than ten days prior to the hearing to all persons whose names appear on the latest adopted tax roll of Riverside County as owning property within three hundred feet of the exterior boundaries of the property subject to the hearing and all persons who have filed written complaints with the city regarding the subject property. After giving notice and conducting the hearing, the planning commission may modify, discontinue, suspend or revoke the conditional use permit . As part of any such action, the planning commission may impose such conditions as it deems appropriate, including those necessary to protect the best interests of the surrounding property to the neighborhood; to eliminate, lessen, or prevent any detrimental effect thereon, or to assure compliance with other applicable provisions of the law. Any such action shall be supported by written findings, including a finding that it does not impair the constitutional rights of any person. PLANNING cOMMISSIO,. RESOLUTION NO. 1771 The decision of the planning commission shall become final thirty days following the date on which the conditional use permit was suspended or revoked unless an appeal has been filed with the city council in accordance with Chapter 25 . 86 of this code. " City of Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619)346-0611 FAX(619)341-7098 October 18, 1996 - CITY OF PALM DESERT LEGAL NOTICE CASE NO. : ZOA 96-4 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider an amendment to the Municipal Code Section 25 . 72 . 130 relating to the procedure for revoking conditional use permits . SAID public hearing will be held on Thursday, November 14 , 1996, before the Palm Desert City Council 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 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 GILLIGAN, City Clerk October 24 , 1996 Palm Desert City Council CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: October 15, 1996 CASE NO: ZOA 96-4 REQUEST: Approval of an amendment to Section 25 . 72 . 130 of the Palm Desert Municipal Code relating to the procedure for revoking. conditional . use permits . APPLICANT; City of Palm Desert I . BACKGROUND• The City Attorney has written to staff expressing concern as to the constitutionality of the existing procedures contained in _Section 25 . 72 . 130 for revoking conditional use permits. II. ANALYSIS: As outlined in the City Attorney' s letter of September 12 , 1996 (copy attached) the existing procedure to revoke a CUP allows the City to automatically suspend a CUP under certain specified circumstances. The concern is that the holder of a CUP would be denied his property without due process (i .e. no notice or hearing) . The proposed amendment allows the Planning Commission to revoke or suspend a permit only after a duly noticed public hearing. As well , the amendment sets forth the precise notice that must be given to the violator. III. CEQA REVIEW: The proposed amendment is a Class 5 categorical exemption for the purposes of CEQA and no further documentation is necessary. STAFF REPORT ZOA 96-4 OCTOBER 15, 1996 IV. RECOMMENDATION: Approve the findings and adopt Planning Commission Resolution No. , recommending to City Council approval of ZOA 96-4 , an amendment to Section 25 . 72 . 130 relating to the procedure for revoking conditional use permits . V. ATTACHMENTS• A. Draft resolution B. Legal notice Prepared by i Steve Smith Reviewed and Approved bps Phil Drell /tm 2 I PLAh__1NG COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF AN AMENDMENT TO SECTION 25.72 .130 OF THE PALM DESERT MUNICIPAL CODE RELATING TO THE SUSPENSION AND REVOCATION OF CONDITIONAL USE PERMITS. CASE NO. ZOA 96-4 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of October, 1996, hold a duly noticed public hearing to consider an amendment to Section 25. 72 . 130 of the Palm Desert Municipal . Code relating to the suspension and revocation of conditional use permits; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to justify their actions : 1. The proposed amendment will assure that when the city needs to suspend or revoke a conditional use permit that the procedure which will be followed will be in compliance with constitutional requirements . 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 Planning Commission in this case. 2 . That ZOA 96-4 , Exhibit A, is hereby recommended to the City Council for approval . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 15th day of October, 1996, by the following vote, to wit : AYES : NOES : ABSENT: ABSTAIN: PAUL R. BEATY, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission PLANNING COMMISSIOm RESOLUTION NO. EXHIBIT A Section 1. Section 25.72 .130 of the Palm Desert Municipal Code is hereby amended to read as follows: 1125.72 .130 Suspension and revocation. Any conditional use permit issued pursuant to the provisions of this title may be modified; discontinued, suspended or revoked by the planning commission upon receiving satisfactory evidence that the permittee has violated any provisions of this title or has failed to comply with the conditions imposed by the conditional use permit . Said modification, discontinuance, suspension or revocation shall be made only after a duly noticed hearing before the planning commission, which hearing shall be conducted within forty days of learning of the violation. Not more than thirty days or less than ten days prior to the hearing, written notice of the time and place of hearing shall be given to the permittee. The notice shall specify in general terms the ground upon which the planning commission intends to modify, discontinue, suspend or revoke the conditional use permit . Said notice shall be deemed complete when delivered to the permittee by personal service, when sent by certified mail to the permittee' s last known address, or when posted in a conspicuous place on the property for which the conditional use permit was issued. Notice of the hearing shall also be mailed not more than thirty days or less than ten days prior to the hearing to all persons whose names appear on the latest adopted tax roll of Riverside County as owning property within three hundred feet of the exterior boundaries of the property subject to the hearing and all persons who have filed written complaints with the city regarding the subject property. After giving notice and conducting the hearing, the planning commission may modify, discontinue, suspend or revoke the conditional use permit . As part of any such action, the planning commission may impose such conditions as it deems appropriate, including those necessary to protect the best interests of the surrounding property to the neighborhood; to eliminate, lessen, or prevent any detrimental effect thereon, or to assure compliance with other applicable provisions of the law. Any such action shall be supported by written findings, including a finding that it does not impair the constitutional rights of any person. PLANNING COMMISSI_a RESOLUTION NO. The decision of the 'planning commission shall become final thirty days following the date on which the conditional use permit was suspended or revoked unless an appeal has been filed with the city council in accordance with Chapter 25 . 86 of this code. " 73.510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346,0811 t CITY OF PALM DESERT LEGAL NOTICE NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider an amendment to the Municipal Code Section 25.72.130 relating to the procedure for revoking conditional use permits. SAID public hearing will be held on Tuesday, October 15, 1996, 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 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 at, or prior to, the public hearing. PUBLISH: Desert Post PHILIP DRELL, Secretary September 26, 1996 Palm Desert Planning Commission LAW OFFICES OF BEST BEST G KRIEG LLP • �� '- September 12, 1996 13 P19 2 25 Sb o,.: ri _ MEMORANDUM TO: Phil Drell, Director of. community Development City of Palm Desert FROM:. Sandy A. Jacobson Y• RE: Amendment to Zoning Ordinance - Revocation/Suspension of Conditional Use Permits We recently reviewed Section 25.72. 130 of the City Code relating to the procedure for revoking conditional use permits. In doing so, we discovered that the Code allowed the City to automatically suspend a conditional use permit under certain specified circumstances. This provision raises a constitutional problem in that the holder of the CUP is being denied his property without due process of law. In other words, the holder of the CUP is being denied his property without being given notice or having the opportunity for a hearing. 'Dave Erwin requested that I amend the provision relating to CUP revocation, so that there will be no question about its constitutionality in the future. I am enclosing a copy of the amendment for your review. As you can see, the amended Section 25.72 . 130 allows the Planning Commission to revoke or suspend a permit only after a duly noticed public hearing. It also sets forth the precise notice that must be given to the violator in order to insure that it will constitute sufficient notice under the Constitution. If you find the amendment to be satisfactory, you can proceed to get the amendment formally adopted. Please contact me if you have any questions. SAJ88156 T City of Palm Desert Council Agenda Request Meeting of November 14, 1996 1. To be considered under: Consent Calendar_ Resolutions Old Business_ Informational_ Ordinances New Business_ Items_ public Hearings X Other 2. Item Title: Consideration of approval of an amendment to Section 25 . 72 . 130 of the Palm Desert Municipal Code relating to the procedure for revoking �— conditional use permits . 3. Financial: (Complete if ap icable) - - -- (a) Accountiproject# (c) In the Current Budget? (b) Amount Requested (c) Appropriation Required? Approved by Director of Finance: 4. Submitted by: Steve Smith/tm 5. Approvals: Department Hea ` City Manager City of halm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619)346-0611 ' FAX(619)341-7098 October 18, 1996 CITY OF PALM DESERT LEGAL NOTICE CASE NO. : ZOA 96-4 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider an amendment to the Municipal Code Section 25 . 72 . 130 relating to the procedure for revoking conditional use permits . SAID public hearing will be held on Thursday, November 14 , 1996, before the Palm Desert City Council 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 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 GILLIGAN, City Clerk October 24 , 1996 Palm Desert City Council Cory of Palm Desert 73.510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619)346-0611 FAX (619)341-7098 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: October 16, 1996 City of Palm Desert of Re: "ZOA 96-4 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of October 15, 1996 : PLANNING COMMISSION RECOMMENDED TO CITY COUNCIL APPROVAL OF ZOA 96-4 BY ADOPTION OF PLANNING COMMISSION RESOLUTION NO. 1771. CARRIED 4-1 (COMMISSIONER. CAMPBELL VOTED NO) . 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. PHILIP DR SECRETARY PALM DESERT LANNING COMMISSION PD/tm CC : Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal T ReryNaO Paper PLANS" -G COMMISSION RESOLUTION NO '.771 F A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF AN AMENDMENT TO SECTION 25 .72 . 130 OF THE PALM DESERT MUNICIPAL CODE RELATING TO THE SUSPENSION AND REVOCATION OF CONDITIONAL USE PERMITS . CASE NO. ZOA 96-4 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of October, 1996, hold a duly noticed public hearing to consider an amendment to Section 25 . 72 . 130 of the Palm Desert Municipal Code relating to the suspension and revocation of conditional use permits; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to justify their actions : 1. The proposed amendment will assure that when the city needs to suspend or revoke a conditional use permit that the procedure which will be followed will be in compliance with constitutional requirements . 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 Planning Commission in this case. 2 . That ZOA 96-4, Exhibit A, is hereby recommended to the City Council for approval. . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission; held on this 15th day of October, 1996, by the following vote, to wit: AYES: FERGUSON, FERNANDEZ, JONATHAN, BEATY NOES: CAMPBELL ABSENT: NONE ABSTAIN: NONE PAUL R. BEATY, Ch irperson ATTEST: PHILIP DRELL Secretary Palm Desert lanning Commission f 'PLANNING COMMISSIO" RESOLUTION NO. 1771 EXHIBIT A Section 1. Section 25. 72 . 130 of the Palm Desert Municipal Code is hereby amended to read as follows : "25 .72 .130 Suspension and revocation. Any conditional use permit issued pursuant to the provisions of this title may be modified, discontinued, suspended or revoked by the planning commission upon receiving satisfactory evidence that the permittee has violated any provisions of this title or has failed to comply with the conditions imposed by the conditional use permit . Said modification, discontinuance, suspension or revocation shall be made only after a duly noticed hearing before the planning commission, which hearing shall be conducted within forty days of learning of the violation. Not more than thirty days or less than ten days prior to the hearing, written notice of the time and place of hearing shall be given to the permittee. The notice shall specify in general terms the ground upon which the planning commission intends to modify, discontinue, suspend or revoke the conditional use permit. Said notice shall be deemed complete when delivered to the permittee by personal service, when sent by certified mail to .the permittee' s last known address, or when posted in a conspicuous place on the property for which the conditional use permit was issued. Notice of the hearing shall also be mailed not more than thirty days or less than ten days prior to the hearing to all persons whose names appear on the latest adopted tax roll of Riverside County as owning property within three hundred feet of the exterior boundaries of the property subject to the hearing and all persons who have filed written complaints with the city regarding the subject property. After giving notice and conducting the hearing, the planning commission may modify, discontinue, suspend or revoke the conditional use permit . As part of any such action, the planning commission may impose such conditions as it deems appropriate, including those necessary to protect the best interests of the surrounding property to the neighborhood; to eliminate, lessen, or prevent any detrimental effect thereon, or to assure compliance with other applicable provisions of the law. Any such action shall be supported by written findings, including a finding that it does not impair the constitutional rights of any person. a: PLANNING COMMISSIO,. RESOLUTION NO. 1771 The decision of the planning commission shall become final thirty days following the date on which the conditional use permit was suspended or revoked unless an appeal has been filed with the city council in accordance with Chapter 25 . 86 of this code. " CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: October 15, 1996 CASE NO: ZOA 96-4 REQUEST: Approval of an amendment to Section 25 . 72 . 130 of the Palm Desert Municipal Code relating to the procedure for revoking. conditional use permits . APPLICANT: City of Palm Desert I. BACKGROUND: The City Attorney has written to staff expressing concern as to the constitutionality of the existing procedures contained in Section 25 . 72 . 130 for revoking conditional use permits . II. ANALYSIS: As outlined in the City Attorney' s letter of September 12 , 1996 (copy attached) the existing procedure to revoke a CUP allows the City to automatically suspend a CUP under certain specified circumstances . The concern is that the holder of a CUP would be denied his property without due process (i .e . no notice or hearing) . The proposed amendment allows the Planning Commission to revoke or suspend a permit only after a duly noticed public hearing. As well, the amendment sets forth the precise notice that must be given to the violator. III. CEOA REVIEW: The proposed amendment is a Class 5 categorical exemption for the purposes of CEQA and no further documentation is necessary. I STAFF REPORT ZOA 96-4 OCTOBER 15, 1996 IV. RECOMMENDATION: Approve the findings and adopt Planning Commission Resolution No. , recommending to City Council approval of ZOA 96-4 , an amendment to Section 25 . 72 . 130 relating to the procedure for revoking conditional use permits . V. ATTACHMENTS• A. Draft resolution B. Legal notice c Prepared by St " e Smith Reviewed and Approved b Phil Drell /tm 2 PLA&h 9G COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF AN AMENDMENT TO SECTION 25. 72 . 130 OF THE PALM DESERT MUNICIPAL CODE RELATING TO THE SUSPENSION AND REVOCATION OF CONDITIONAL USE PERMITS. CASE NO. ZOA 96-4 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of October, 1996, hold a duly noticed public hearing to consider an amendment to Section 25 . 72 . 130 of the Palm Desert Municipal Code relating to the suspension and revocation of conditional use permits; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to justify their actions : 1. The proposed amendment will assure that when the city needs to suspend or revoke a conditional use permit that the procedure which will be followed will be in compliance with constitutional requirements . 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 Planning Commission in this case. 2 . That ZOA 96-4, Exhibit A, is hereby recommended to the City Council for approval . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 15th day of October, 1996, by the following vote, to wit : AYES : NOES : ABSENT: ABSTAIN: PAUL R. BEATY, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission i PLANNING COMMISSIUm RESOLUTION NO. EXHIBIT A Section 1 . Section 25 . 72 . 130 of the Palm Desert Municipal Code is hereby amended to read as follows: 1125.72 .130 Suspension and revocation. Any conditional use permit issued pursuant to the provisions of this title may be modified, discontinued, suspended or revoked by the planning commission upon receiving satisfactory evidence that the permittee has violated any provisions of this title or has failed to comply with the conditions imposed by the conditional use permit . Said modification, discontinuance, suspension or revocation shall be made only after a duly noticed hearing before the planning commission, which hearing shall be conducted within forty days of learning of the violation. Not more than thirty days or less than ten days prior to the hearing, written notice of the time and place of hearing shall be given to the permittee. The notice shall specify in general terms the ground upon which the planning commission intends to modify, discontinue, suspend or revoke the conditional use permit . Said notice shall be deemed complete when delivered to the permittee by personal service, when sent by certified mail to the permittee' s last known address, or when posted in a conspicuous place on the property for which the conditional use permit was issued. Notice of the hearing shall also be mailed not more than thirty days or less than ten days prior to the hearing to all persons whose names appear on the latest adopted tax roll of Riverside County as owning property within three hundred feet of the exterior boundaries of the property subject to the hearing and all persons who have filed written complaints with the city regarding the subject property. After giving notice and conducting the hearing, the planning commission may modify, discontinue, suspend or revoke the conditional use permit. As part of any such action, the planning commission may impose -such...,,conditions ..as.. it—deems -.appropriate., ..including those necessary to protect the best interests of the surrounding property to the neighborhood; to eliminate, lessen, or prevent any detrimental effect thereon, or to assure compliance with other applicable provisions of the law. Any such action shall be supported by written findings, including a finding that it does not impair the constitutional rights of any person. PLANNING COMMISSIOiv RESOLUTION NO. The decision of the planning commission shall become final thirty days following the date on which the conditional use permit was suspended or revoked unless an appeal has been filed with the city council in accordance with Chapter 25 . 86 of this code. " 73.510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 r CITY OF PALM DESERT LEGAL NOTICE NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider an amendment to the Municipal Code Section 25.72.130 relating to the procedure for revoking conditional use permits. SAID public hearing will:be held .on Tuesday,..October 15, 1996, 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 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 at, or prior to, the public hearing. PUBLISH: Desert Post PHILIP DRELL, Secretary September 26, 1996 Palm Desert Planning Commission LAW OFFICES OF - -"- <6EST BEST & KRIEGE LLP ` � � ` ' September 12 , 1996 ,b „ " 13 P19 2 25 MEMORANDUM TO: Phil Drell, Director of Community Development City of Palm Desert IIA��Annn� FROM: Sandy A. Jacobson 'Yb RE: Amendment to Zoning Ordinance - Revocation/Suspension of Conditional Use Permits We recently reviewed Section 25.72 . 130 of the City Code relating to the procedure for revoking conditional use permits. In doing so, we discovered that the Code allowed the City to automatically suspend a conditional use permit under certain specified circumstances. This provision raises a constitutional problem in that the holder of the CUP is being denied his property without due process of law. In other words, the holder of the CUP is being denied his property without being given notice or having the opportunity for a hearing. Dave Erwin requested that I amend the provision relating to CUP revocation, so that there will be no question about its constitutionality in the future. I am enclosing a copy of the amendment for your review. As you can see, the amended Section 25.72 . 130 allows the Planning Commission to revoke or suspend a permit only after a duly noticed public hearing. It also sets forth the precise notice that must be given to the violator in order to insure that it will constitute sufficient notice under the Constitution. If you find the amendment to be satisfactory, you can proceed to get the amendment formally adopted. Please contact me if you have any questions. SAJ88156 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 25.72 . 130 OF THE PALM DESERT MUNICIPAL CODE RELATING TO THE SUSPENSION AND REVOCATION OF CONDITIONAL USE PERMITS. The City Council of the City of Palm Desert DOES ORDAIN as follows: Section 1. Section 25.72 . 130 of the Palm Desert Municipal Code is hereby amended to read as follows: "25.72.130 Suspension and revocation. Any conditional use permit issued pursuant to the provisions of this title may be modified, discontinued, suspended or revoked by the planning commission upon receiving satisfactory evidence that the permittee has violated any provisions of this title or has failed to comply with the conditions imposed by the conditional use permit. Said modification, discontinuance, suspension or revocation shall be made only after a duly noticed hearing before the planning commission, which hearing shall be conducted within forty days of learning of the violation. Not more than thirty days or less than ten days prior to the hearing, written notice of the time and place of hearing shall be given to the permittee. The notice shall specify in general terms the ground upon which the planning commission intends to modify, discontinue, suspend or revoke the conditional use permit. Said notice shall be deemed complete when delivered to the permittee by personal service, when sent by certified mail to the permittee Islast known address, or when posted in a conspicuous place on the property for which the conditional use permit was issued. Notice of the hearing shall also be mailed not more than thirty days or less than ten days prior to the hearing to all persons whose names appear on the latest adopted tax roll of Riverside County as owning property within three hundred feet of the exterior boundaries of the property subject to the hearing and all persons who have filed written complaints with the city regarding the subject property. After giving notice and conducting the hearing, the planning commission may modify, discontinue, suspend or revoke the conditional use permit. As part of any such action, the planning commission may impose such SAJ86940 conditions as it deems appropriate, including those necessary to protect the best interests of the surrounding property to the neighborhood; to eliminate, lessen, or prevent any detrimental effect thereon, or to assure compliance with other applicable provisions of the law. Any such action shall be supported by written findings, including a finding that it does not impair the constitutional rights of any person. The decision of the planning commission shall become final thirty days following the date on which the conditional use permit was suspended or revoked unless an appeal has been filed with the city council in accordance with Chapter 25. 86 of this code. " 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. PASSED, APPROVED and ADOPTED this day of August, 1996, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN WALTER H. SNYDER, Mayor City of Palm Desert, California ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California SAJ86940 -2- C9Nv oq pa0 m D o o cry 73.510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 CITY OF PALM DESERT LEGAL NOTICE NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider an amendment to the Municipal Code Section ' 25 . 72 . 130 relating to the procedure for revoking conditional use permits . SAID public hearing will :be held on Tuesday, October 15, 1996, 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 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 at, or prior to, the public hearing. PUBLISH: Desert Post PHILIP DRELL, Secretary September 26, 1996 Palm Desert Planning Commission -I. LAW OFFICES OF j• VEST BEST 6 KRIEGE LLP RECEIVED September 12, 1996 '96 SEP 13 P1'1 2 25 C,IT Y CLERK'S OFFICE MEMORANDUM TO: Phil Drell, Director of Community Development City of Palm Desert FROM: Sandy A. Jacobson G'1"6 RE: Amendment to Zoning Ordinance - Revocation/Suspension of Conditional Use Permits We recently reviewed Section 25. 72 . 130 of the City Code relating to the procedure for revoking conditional use permits. In doing so, we discovered that the Code allowed the City to automatically suspend a conditional use permit under certain specified circumstances. This provision raises a constitutional problem in that the holder of the CUP is being denied his property without due process of law. In other words, the holder of the CUP is being denied his property without being given notice or having the opportunity for a hearing. Dave Erwin requested that I amend the provision relating to CUP revocation, so that there will be no question about its constitutionality in the future. I am enclosing a copy of the amendment for your review. As you can see, the amended Section 25. 72 . 130 allows the Planning Commission to revoke or suspend a permit only after a duly noticed public hearing. It also sets forth the precise notice that must be given to the violator in order to insure that it will constitute sufficient notice under the Constitution. If you find the amendment to be satisfactory, you can proceed to get the amendment formally adopted. Please contact me if you have any questions. SAJBB156 ,F ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 25.72. 130 OF THE PALM DESERT MUNICIPAL CODE RELATING TO THE SUSPENSION AND REVOCATION OF CONDITIONAL USE PERMITS. The City Council of the City of Palm Desert DOES ORDAIN as follows: Section 1. Section 25.72 . 130 of the Palm Desert Municipal Code is hereby amended to read as follows: "25.72.130 suspension and revocation. Any conditional use permit issued pursuant to the provisions of this title may be modified, discontinued, suspended or revoked by the planning commission upon receiving satisfactory evidence that the permittee has violated any provisions of this title or has failed to comply with the conditions imposed by the conditional use permit. Said modification, discontinuance, suspension or revocation shall be made only after a duly noticed hearing before the planning commission, which hearing shall be conducted within forty days of learning of the violation. Not more than thirty days or less than ten days prior to the hearing, written notice of the time and place of hearing shall be given to the permittee. The notice shall specify in general terms the ground upon which the planning commission intends to modify, discontinue, suspend or revoke the conditional use permit. Said notice shall be deemed complete when delivered to the permittee by personal service, when sent by certified mail to the permittee's last known address, or when posted in a conspicuous place on the property for which the conditional use permit was issued. Notice of the hearing shall also be mailed not more than thirty days or less than ten days prior to the hearing to all persons whose names appear on the latest adopted tax roll of Riverside County as owning property within three hundred feet of the exterior boundaries of the property subject to the hearing and all persons who have filed written complaints with the city regarding the subject property. After giving notice and conducting the hearing, the planning commission may modify, discontinue, suspend or revoke the conditional use permit. As part of any such action, the planning commission may impose such SAJ86940 I t .. conditions as it deems appropriate, including those necessary to protect the best interests of the surrounding property to the neighborhood; to eliminate, lessen, or prevent any detrimental effect thereon, or to assure compliance with other applicable provisions of the law. Any such action shall be supported by written findings, including a finding that it does not impair the constitutional rights of any person. The decision of the planning commission shall become final thirty days following the date on which the conditional use permit was suspended or revoked unless an appeal has been filed with the city council in accordance with Chapter 25.86 of this code. " 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. PASSED, APPROVED and ADOPTED this day of August, 1996, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN WALTER H. SNYDER, Mayor City of Palm Desert, California ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California SAJ86940 -2