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HomeMy WebLinkAboutZOA 98-6 CITY COUNCIL ACTIONS 1998 x* ORDINANCE NO. 901 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT AS IT RELATES TO MUNICIPAL CODE SECTION 25.82.060 AND 25.84.080, ACTION BY THE CITY COUNCIL. CASE NO. ZOA 98-6 WHEREAS, the City Council of the City of Palm Desert, California, did on the 12th day of November, 1998, hold a duly noticed public hearing to consider the above noted zoning ordinance amendment; and WHEREAS, the Planning Commission of the City of Palm Desert has recommended approval pursuant to its Resolution No. 1901 ; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18" in that the Director of Community Development has determined the amendment to be a class 5 categorical exemption for the purposes of CEQA; 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 City Council did find the following facts and reasons to exist to justify approval of said amendment: 1 . That the zoning ordinance amendment is consistent with the objectives of the Zoning Ordinance. 2. That the zoning ordinance amendment is consistent with the adopted General Plan and applicable specific plans. 3. That the zoning ordinance amendment would better serve the public health, safety, and general welfare than the current regulations. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That Zoning Ordinance Amendment 98-6 attached hereto as Exhibit "A" is hereby approved. ORDINANCE NO. 901 PASSED, ADOPTED and APPROVED at a regular meeting of the Palm Desert City . ; Council, held on this 10th day of December, 1998, by the following vote, to wit: AYES: BENSON, CRITES, FERGUSON, KELLY, SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE ROBERT A. SPIEG L, y r ATTEST: EILA R. GIL-L GAN, C Clerk M City of Palm Desert, Ca rnia 2 � Y ORDINANCE NO. 901 EXHIBIT "A" Section 1 That Section 25.82.060 "Action by the City Council" be amended to read as follows: "25.82.060 Action by the City Council. The city council shall hold at least one public hearing on the proposal within 40 days after receipt of the report of the planning commission. The hearing shall be set and notice given as prescribed in Section 25.86.010. Within twenty-one days following the closing of the public hearing, the council shall make a specific finding as to whether the change is consistent with the objectives of this title. If the council finds that the proposal or a modified amendment is consistent, it shall introduce an ordinance amending the zoning ordinance text. If the council shall find that the proposal is not consistent, it shall deny the proposal pursuant to a resolution of denial. (Ord. 99 § 1 (part), 1975:Exhibit A § 25.39-7.06)" Section 2 That Section 25.84.080 "Action by the City Council" be amended to read as follows: "25.84.080 Action by the City Council. The city council shall hold at least one public hearing on an application within forty days after the receipt of the resolution or report by the commission; provided, that no hearing shall be held on an application which has been denied by the commission unless an appeal is filed. The hearing shall be set and notice given as prescribed in Section 25.86.010. Within twenty-one days following the close of a public hearing, the council shall make a specific finding as to whether the change is consistent with the objectives of this title. If the council finds that the proposal or a modified amendment is consistent, it shall introduce an ordinance amending the zoning map. If the council finds that the change is not consistent, it shall deny the application pursuant to a resolution of denial. (Ord 99 § 1 (part),1975:Exhibit A § 25.39- 8.08)" 3 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT I. TO: Honorable Mayor and City Council II. REQUEST: Consideration of approval of a zoning ordinance amendment as it relates to Municipal Code Sections 25.82.060 and 25.84.080, Action by the City Council. Ill. APPLICANT: City of Palm Desert IV. CASE NO: ZOA 98-6 V. DATE: November 12, 1998 VI. CONTENTS: A. Staff Recommendation B. Discussion C. Draft Ordinance No. D. Planning Commission Minutes involving Case No. ZOA 98-6 E. Planning Commission Resolution No. 1901 F. Planning Commission Staff Report dated October 20, 1998 G. Related maps and/or exhibits ---------------------------------------------------------------------------------------------------------------------------------- A. STAFF RECOMMENDATION: Waive further reading and pass Ordinance No. to second reading. B. BACKGROUND: During City Council consideration of the Walgreens application there was some confusion with respect to the process which was to be followed when the City Council action differs from that recommended by the Planning Commission. 1 . ANALYSIS: Staff have reviewed the existing code sections 25.82.060, 25.84.080 and Government Code Section 65857, copies attached. Two issues are apparent: a. As our code is currently written it appears to require referral back to the Planning Commission for comment any City Council decision which may differ from the Planning Commission recommendation. I CITY COUNCIL STAFF REPORT CASE NO. ZOA 98-6 NOVEMBER 12, 1998 Our code section is generally based on the requirements of Government Code Section 65857 with one significant exception. The government' code clearly differentiates denials or approvals from modifications. While modifications of a Planning Commission recommendation requires referral and report, a denial does not. In the proposed amendment to our code,clarifying language will be added bringing it into conformance with the state law. b. The Walgreens processing also revealed another issue. There are four possible actions whenever a case is heard by the City Council: approval, denial, modification or continuance. Failure to pass a motion for approval does not complete an action. In the proposed code amendment, a clause has been added requiring that resolutions of denial be adopted when the City Council wishes to deny an application. . Planning Commission reviewed this matter at its meeting of October 20, 1998 and recommended approval by its Resolution No. 1901 on a 5-0 vote. The proposed amendments are shown in the following strikeout/insert versions of Sections 25.82.060 and 25.84.080: 25.82.060 Action by the city council. The city council shall hold at least one public hearing on the proposal within forty days after receipt of the report of the planning commission. The hearing shall be set and notice given as prescribed in Section 25.86.010. Within twenty-one days following the closing of the public hearing, the council shall make a specific finding as to whether the change is consistent with the objectives of this title. If the council finds that the change is consistent, it shall introduce an ordinance amending the zoning ordinance text. If the council shall find that the proposal is not consistent, it shall deny the application or reject the proposal pursuant to a resolution of denial. The council shall not modify approve a modification of a decision of the planning commission recommending adoption of the text amendment until it has requested and considered a report of the commission on the modification, unless the modification had been considered by the planning commission during its public hearing on the matter. Failure of the commission to report within forty 2 CITY COUNCIL STAFF REPORT CASE NO. ZOA 98-6 NOVEMBER 12, 1998 days after receipt of the council request shall be deemed concurrence. Denial of an application shall not require referral back to the planning commission. (Ord. 99 § 1 (part), 1975:Exhibit A § 25.39-7.06) 25.84.080 Action by the city council: The city council shall hold at least one public hearing on an application within forty days after the receipt of the resolution or report by the commission; provided, that no hearing shall be held on an application which has been denied by the commission unless an appeal is filed. The hearing shall be set and notice given as prescribed in Section 25.86.010. Within twenty-one days following the close of a public hearing, the council shall make a specific finding as to whether the change is consistent with the objectives of this title. If the council finds that the change is not consistent, it shall deny the application pursuant to a resolution of denial. The council shall not modify approve a modification of a decision of the planning commission recommending granting of an application until it has requested and considered a report of the commission on the modification. Failure of the commission to report within forty days after receipt of the council request shall be deemed concurrence. Denial of an application shall not reauire referral back to the planning commission. (Ord. 99 § 1 (part), 1975:Exhibit A § 25.39-8.08) Prepared by: eve Smith Reviewed and Approved b . Phili Oe /tm 3 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT AS IT RELATES TO MUNICIPAL CODE SECTION 25.82.060 AND 25.84.080, ACTION BY THE CITY COUNCIL. CASE NO. ZOA 98-6 WHEREAS, the City Council of the City of Palm Desert, California, did on the 12th day of November, 1998, hold a duly noticed public hearing to consider the above noted zoning ordinance amendment; and WHEREAS, the Planning Commission of the City of Palm Desert has recommended approval pursuant to its Resolution No. 1901 ; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18" in that the Director of Community Development has determined the amendment to be a class 5 categorical exemption for the purposes of CEQA; 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 City Council did find the following facts and reasons to exist to justify approval of said amendment: 1 . That the zoning ordinance amendment is consistent with the objectives of the Zoning Ordinance. 2. That the zoning ordinance amendment is consistent with the adopted General Plan and applicable specific plans. 3- That the zoning ordinance amendment would better serve the public health, safety, and general welfare than the current regulations. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That Zoning Ordinance Amendment 98-6 attached hereto as Exhibit "A" is hereby approved. ORDINANCE NO. PASSED, ADOPTED and APPROVED at a regular meeting of the Palm Desert City Council, held on this day of 1998, 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 2 .f ORDINANCE NO. EXHIBIT "A" Section 1 That Section 25.82.060 "Action by the City Council" be amended to read as follows: "25.82.060 Action by the City Council. The city council shall hold at least one public hearing on the proposal within 40 days after receipt of the report of the planning commission. The hearing shall be set and notice given as prescribed in Section 25.86.010. Within twenty-one days following the closing of the public hearing, the council shall make a specific finding as to whether the change is consistent with the objectives of this title. If the council finds that the change is consistent, it shall introduce an ordinance amending the zoning ordinance text. If the council shall find that the Proposal is not consistent, it shall deny the application or reject the proposal pursuant to a resolution of denial. The council shall not approve a modification of a decision of the planning commission recommending adoption of the text amendment until it has requested and considered a report of the commission on the modification, unless the modification had been considered by the planning commission during its public hearing on the matter. Failure of the commission to report within forty days after receipt of the council request shall be deemed concurrence. Denial of an application shall not require referral back to the planning commission. (Ord. 99 § 1 (part), 1975:Exhibit A § 25.39-7.06)" Section 2 That Section 25.84.080 "Action by the City Council" be amended to read as follows: "25.84.080 Action by the City Council. The city council shall hold at least one public hearing on an application within forty days after the receipt of the resolution or report by the commission; provided, that no hearing shall be held on an application which has been denied by the commission unless an appeal is filed. The hearing shall be set and notice given as prescribed in Section 25.86.010. Within twenty-one days following the close of a public hearing, the council shall make a specific finding as to whether the change is consistent with the objectives of this title. If the council finds that the change is not consistent, it shall deny the application 3 ORDINANCE NO. pursuant to a resolution of denial. The council shall not approve a modification of a decision of the planning commission recommending granting of an application until it has requested and considered a report of the commission on the modification. Failure of the commission to report within forty days after receipt of the council request shall be deemed concurrence. Denial of an application shall not require referral back to the planning commission. (Ord 99 § 1 (part),1 975:Exhibit A § 25.39-8.08)" 4 PLANNING COMMISSION RESOLUTION NO. 1901 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT AS IT RELATES TO MUNICIPAL CODE SECTIONS 25.82.060 AND 25.84.080, ACTION BY THE CITY COUNCIL. CASE NO. ZOA 98-6 , WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of October, 1998, hold a duly noticed public hearing to consider the above noted zoning ordinance amendment; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18" in that the Director of Community Development has determined the amendment to be a class 5 categorical exemption for the purposes of CEQA; 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 recommending approval of said amendment: 1 . That the zoning ordinance amendment is consistent with the objectives of the Zoning Ordinance. 2. That the zoning ordinance amendment is consistent with the adopted General Plan and applicable specific plans. 3. That the zoning ordinance amendment would better serve the public health, safety, and general welfare than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That Zoning Ordinance Amendment 98-6 attached hereto as Exhibit "A" is hereby recommended to City Council for approval. PLANNING COMMISSION RESOLUTION NO. 1901 PASSED, ADOPTED and APPROVED at a regular meeting of the Palm Desert Planning Commission, held on this 20th day of October, 1998, by the following vote, to wit: 1 AYES: BEATY, FERNANDEZ, FINERTY, JONATHAN, CAMPBELL NOES: NONE ABSENT: NONE / ABSTAIN: NONE SONIA M. CAMPBELL, Chairperson ATTEST: STE� R. Act g Secretar Palm Desert Planning Commission t 2 PLANNING COMMISSION RESOLUTION NO. 1901 EXHIBIT "A" Section 1 That Section 25.82.060 "Action by the City Council" be amended to read as follows: "25.82.060 Action by the City Council. , The city council shall hold at least one public hearing on the proposal within 40 days after receipt, of the report of the planning commission. The hearing shall be set and notice given as prescribed in Section 25.86.010. Within twenty-one days following the closing of the public hearing, the council shall make a specific finding as to whether the change is consistent with the objectives of this title. If the council finds that the change is consistent, it shall introduce an ordinance amending the zoning ordinance text. If the council shall find that the Proposal is not consistent, it shall deny the application or reject the proposal pursuant to a resolution of denial. The council shall not approve a modification of a decision of the planning commission recommending adoption of the text amendment until it has requested and considered a report of the commission on the modification, unless the modification had been considered by the planning commission during its public hearing on the matter. Failure of the commission to report within forty days after receipt of the council request shall be deemed concurrence. Denial of an application shall not require referral back to the planning commission. (Ord. 99 § 1 (part), 1975:Exhibit A § 25.39-7.06)" Section 2 That Section 25.84.080 "Action by the City Council" be amended to read as follows: "25.84.080 Action by the City Council. The city council shall hold at least one public hearing on an application within forty days after the receipt of the resolution or report by the commission; provided, that no hearing shall be held on an application which has been denied by the commission unless an appeal is filed. The hearing shall be set and notice given as prescribed in Section 25.86.010. Within twenty-one days following the close of a public hearing, the council shall make a specific finding as to whether the change is consistent with the objectives of this title. If the council finds that the change is not consistent, it shall deny the application 3 PLANNING COMMISSION RESOLUTION NO. 1911 pursuant to a resolution of denial. The council shall not approve a modification of a decision of the planning commission recommending granting of an application until it has requested and considered a report of the commission on the modification. Failure of the commission to report within forty days after receipt of the council request shall be deemed concurrence. Denial of an application shall not require referral back to the planning commission. (Ord 99 § 1 (part),1 975:Exhibit A § , 25.39-8.08)" 4 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: October 20, 1998 CASE NO: ZOA 98-6 REQUEST: Recommendation to the City Council of approval of a zoning ordinance amendment as it relates to Municipal Code Section 25.82.060 and 25.84.080, Action By The City Council. APPLICANT: City of Palm Desert I. BACKGROUND: During City Council consideration of the Walgreens application there was some confusion with respect to the process which was to be followed when the City Council action differs from that recommended by the Planning Commission. II. ANALYSIS: We have reviewed the existing code sections 25.82.060, 25.84.080 and Government Code Section 65857, copies attached. Two issues are apparent: A. If the City Council decides to deny an amendment which has been recommended for approval by the Planning Commission the City Council may do so without referral back to the Planning Commission. B. If the City Council decides to approve an amendment to the zoning map or zoning text in a form not previously considered by the Planning Commission, then Government Code Section 65857 requires that the modified amendment be referred to the Planning Commission for a report. Staff have added a couple of clauses to the existing code sections which will clarify the above two issues. The Walgreens processing also revealed another issue. Failure to pass an affirmative motion does not complete the matter. Consequently, we have added a clause requiring a resolution of denial be adopted when the Council wishes to deny an application. See the enclosed strike-out/insert version of Code Sections 25.82.060 and 25.84.080. STAFF REPORT ZOA 98-6 OCTOBER 20, 1998 III. RECOMMENDATION: That the Planning Commission recommend approval of Case No. ZOA 98-6 to the City Council. IV. ATTACHMENTS: A. Draft resolution B. Legal notice C. Comments from city departments and other agencies D. Plans and exhibits Prepared by &6ve Smith Reviewed and Approved by ? Phil Drell /tm 2 I PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT AS IT RELATES TO MUNICIPAL CODE SECTIONS 25.82.060 AND 25.84.080, ACTION BY THE CITY COUNCIL. CASE NO. ZOA 98-6 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of October, 1998, hold a duly noticed public hearing to consider the above noted zoning ordinance amendment; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18" in that the Director of Community Development has determined the amendment to be a class 5 categorical exemption for the purposes of CEQA; 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 recommending approval of said amendment: 1 . That the zoning ordinance amendment is consistent with the objectives of the Zoning Ordinance. 2. That the zoning ordinance amendment is consistent with the adopted General Plan and applicable specific plans. 3. That the zoning ordinance amendment would better serve the public health, safety, and general welfare than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That Zoning Ordinance Amendment 98-6 attached hereto as Exhibit "A" is hereby recommended to City Council for approval. PLANNING COMMISSION RESOLUTION NO. PASSED, ADOPTED and APPROVED at a regular meeting of the Palm Desert Planning Commission, held on this 20th day of October, 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SONIA M. CAMPBELL, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" Section 1 That Section 25.82.060 "Action by the City Council" be amended to read as follows: '25.82.060 Action by the City Council. The city council shall hold at least one public hearing on the proposal within 40 days after receipt of the report of the planning commission: The hearing shall be set and notice given as prescribed in Section 25.86.010. Within twenty-one days following the closing of the public hearing, the council shall make a specific finding as to whether the change is consistent with the objectives of this title. If the council finds that the change is consistent, it shall introduce an ordinance amending the zoning ordinance text. If the council shall find that the Proposal is not consistent, it shall deny the application or reject the proposal pursuant to a resolution of denial. The council shall not approve a modification of a decision of the planning commission recommending adoption of the text amendment until it has requested and considered a report of the commission on the modification, unless the modification had been considered by the planning commission during its public hearing on the matter. Failure of the commission to report within forty days after receipt of the council request shall be deemed concurrence. Denial of an application shall not require referral back to the planning commission. (Ord. 99 § 1 (part), 1975:Exhibit A § 25.39-7.06)" Section 2 That Section 25.84.080 "Action by the City Council" be amended to read as follows: "25.84.080 Action by the City Council. The city council shall hold at least one public hearing on an application within forty days after the receipt of the resolution or report by the commission; provided, that no hearing shall be held on an application which has been denied by the commission unless an appeal is filed. The hearing shall be set and notice given as prescribed in Section 25.86.010. Within twenty-one days following the close of a public hearing, the council shall make a specific finding as to whether the change is consistent with the objectives of this title. If the council finds that the change is not consistent, it shall deny the application 3 I PLANNING COMMISSION RESOLUTION NO. pursuant to a resolution of denial. The council shall not approve a modification of a decision of the planning commission recommending granting of an application until it has requested and considered a report of the commission on the modification. Failure of the commission to report within forty days after receipt of the council request shall be . deemed concurrence. Denial of an application shall not require referral back to the planning commission. (Ord 99 § 1 (part),1 975:Exhibit A § 25.39-8.08)" 4 § 65856 PLANNING AND ZONING ZONING RFGULATIOD Note 2 Title 7 Div. I ing did not impinge on people's right to initiate (1974j 118 Cal.Rptr. 146. 13 Cal.3d 205. 529 - plan, specific plan, or : zoning legislation. San Diego Bldg. Contrac- P.2d 570, appeal dismissed 96 S.Ct. 3184. 427 commission or the plann tors Assn v. City Council of City of San Diego U.S. 901.49 L.Ed.2d 1195. study within a reasonal- fifths vote of the legislat § 65857. Modification or disapproval of recommendations of no further force and The legislative body may approve, modify or disapprove the recommendation pursuant to Section 650 of the planning commission; provided that any modification of the proposed the interim ordinance fc ordinance or amendment by the legislative body not previously considered by interim ordinance for o the planning commission during its hearing, shall first be referred to the vote for adoption. Not 1 planning commission for report and recommendation, but the planning com- (b) Alternatively, an f. mission shall not be required to hold a public hearing thereon. Failure of the following notice pursues planning commission to report within forty (40) days after the reference, or shall be of no further fo such longer period as may be designated by the legislative body, shall be notice pursuant to Secti deemed to be approval of the proposed modification. by a four-fifths vote extt (Added by Stats.1965, c. I880, p. 4348, § 6. Amended by Stats.1973, c. 600, p. 1124, (c) The legislative be § 1.) pursuant to this section Historical and Statutory Notes current and immediate The 1973 amendment inserted "not previous- Forms§ 65857, added by Stats.1953, c. 1355. the approval of additio ly considered by the planning commission dur- p. 2928, § 2, related to effect of an appeal to mits, or any other appli ing its hearing" following "amendment by the board of appeals, and was repealed by Stan. complywith a Zoning legislative body". 1965,c. 1880,p.4850.§ 9. See,now,§ 65903. safety, or welfare. Cross References (d) Ten days prior to Interagency referrals, modification and referral back of proposed actions, see Government Code the legislative body sba §§ 65919.7, 65919.8. to alleviate the conditlo. Library References (e) When an interim Zoning and Land Planning §§ 12, 14, rsuai Zoning and Planning a�133, 193. C .S. Zon g 8 Hance adopted pu WESTLAW Topic No. 4i4. 16. 87,89.93.94. same property, shall 'a Notes of Decisions effect upon the termini In general 1 City of Millbrae (App. I Dist. 1968) 69 Cal.Rptr. the ordinance as provid g 251.262 Cal.App.2d 222. (Added by Stau.1965, c. County board of supervisors, granting of real- § 1; Stats.1971, c. 187,p 1. In general ty• owners, appeal from action of planning com- Stats.1988,c. 1408. § 3; Where planning commission had approved mission in recommending that board change rezoning of eight separately designed sections zone classification of owners' property from and submitted them to city council but council family residential to multiple family instead of ps added in 1965,this sect rezoned only one of the sections, ordinance limited commercial as originally requested by rezoning one section was merely an ordinance owners was not effective to change zoning clan- "Without following the pr of lesser scope than that which council might sification of owners' property until finalized by required preliminary to the a have enacted and failure to rezone other seven an amendatory ordinance, and then only if ordinance, the legislative b, sections did not amount to a change in the board complied with all other requirements of public safety, health and we commission's recommendations and referral the state enabling legislation. Richter v. Board an urgency measure an into back to planning commission was not neces- of Sup'rs of Sacramento County (App. 5 Dist. hibiting any uses which ma., a contemplated zoning prop, sary. Millbrae Assn for Residential Survival v. 1968)66 Cal.Rptr.52.259 Cal.App.2d 99. lative body, planning comn ning department is conside intends to study within § 65858. interim zoning; urgency measures Such urgency measure shall (a) Without following the procedures otherwise required prior to the adop- vote of the legislative body interim ordinance shall be tion of a zoning ordinance, the legislative body, to protect the public safety, and effect 90 days from d health and welfare, may adopt as an urgency measure an interim ordinance thereof; t go ded, from 11 prohibiting any uses which may be in conflict with a contemplated general pursuant to Section 65856 78 25.82.010 Chapter 25.92 adopted general plan, and shall recommend that the proposal be adopted, adopted in modified form, or AMENDMENTS—ZONING ORDINANCE rejected. (Ord.99 § 1 (part), 1975: Exhibit A § 25.39- 7.05) Sections: 25.82.060 Action by the city council. 82.010 Purpose The city council shall hold at least one public hearing 25. 25. 0 Initiation on the proposal within forty days after receipt of the 2.02 report of the planning commission.The hearing shall 25.82.0 25.82.0 30 0 Public hearing Investigation and report be set and notice given as prescribed in Section 25.82.050 Action by the planning commission 25.86.010.Within twenty-one days following the clos- ing of the public hearing, the council shall make a 25.82.060 Action by the city council. specific ceding as to whether the change is consistent 25.82.070 New proposal following denial. with the objectives of this title.If the council fords that the change is consistent,it shall introduce an ordinance 25.82.010 Purpose. amending the zoning ordinance text If the council shall The text of this title may be amended by changing find that the proposal is not consistent,it shall deny the the district regulations or any other provision of this application or reject the proposal.The council shall not title in accord with the procedure described in this modify a decision of the planning commission recom- chapter. (Ord. 99 § 1 (part), 1975: Exlubit A § 2539- mending adoption of the text amendment until it has 7.01) requested and considered a report of the commission on the modification,unless the modification had been 25.82.020 Initiation. considered by the planning commission during its pub- The planning commission may initiate proceeding lic hearing on the matter.Failure of the commission to report within forty days after receipt of the council by motion and then hold public hearings and make a request shall be deemed concurrence. (Ord. 99 § 1 recommendation as provided in this chapter. The city council may initiate proceedings by motion (pan),1975:Exhibit A§2539-7.06) and then submit the matter to the planning commission 25.82.070 New proposal following denial. for public hearings.(Ord.99§1(part),1975;ExhibitA Following the denial for an amendment to the zon- ! §2539-7.02) ing ordinance text,a request for the same or substan- tially the same change shall not be filed within one year 25.82.030 Public bearing. of the date of denial.(Ord 99§ 1 (part),1975:Exhibit The planning commission shall hold at least one A§2539-7.07) public hearing on each proposal for text amendment The hearing"shall be set and notice given as prescribed 1 in Section 25.86.010. (Ord.99§ 1 (part),1975:Exhibit A§25.39-7.03) 1 25.82.040 Investigation and report The planning division shall make a review of the proposal and shall prepare a report thereon which shall be'submirted to the planning commission prior to the public hearing. (Ord. 99 § 1 (part), 1975: Exhibit A § 2539-7.04) 25.82.050 Action by the planning commission. Within twenty-one days following the closing of the public hearing.the planning commission shall make a specific finding as to whether the text amendment is consistent with the objectives of this title and the 473 25.84.010 l Chapter 25.84 surrounding area showing existing streets and property lines for a distance determined by the director of envi- AIISENNDMEATS—ZONING MAP ronmental services to be necessary to illustrate the relationship to any impact on the surrounding area; Sections, E. A list of all owners of properties Iodated within 25.84.010 Procedure. three hundred feet of the exterior boundaries of the 25.84.020 Initiation. subject property,taken from the latest adopted tax roll 25.84.030 Application—Submittal of Riverside Count}; the list shall be keyed to a map requirements showing the location of these properties. (Ord. 99 § 1 25.84.040 Investigation and report. (part). 1975:Exhibit A§.539-8.03) 25.84.050 Public hearing. 25.94.060 Action by the planning commission. 25.84.040 Investigation and report 25.84.070 Appeal to the city council. The planning division shall make an investigation of a 25.84.080 Action by the city council. the application and shall prepare a report which shall 25.84.090 New application following denial. be submitted to the commission and to the applicant 25.84.100 Change of zoning map. prior to the public hearing. (Ord. 99 § 1 (part), 1975: 77 25.84.010 Procedure. Exhibit A§25.39-8.04) The zoning map may be amended by changing the 25.84.050 Public hearing. boundaries of any district inaccordwith the procedures The commission shall hold at least one public hear- described in this chapter. (Ord. 99 § 1 (part), 1975: ing on each application for a change in district bound- Exhibit A§2539-8.01) aries. The hearings shall be set and notice given as prescribed in Section 25.86.010. (Ord. 99 § 1 (part), >! 25.84.020 Initiation. 1975:Exhibit A§ 2539-8.05) A change in the boundaries of any district may be initiated by the owner or the authorized agent of the 25.84.060 Action by the planning commission. owner of the property by filing an application for a Within twenty-one days following the closing of the change in district boundaries.If the property for which public hearing, the commission shall make a specific a change of district is proposed is in more than one finding as to whether the change is consistent with the ownership, all the owners or their authorized agents objectives of this title and shall recommend that the shall join in the filing of the application. application be granted, granted in modified form, or A change in the boundaries of any district may denied. The denial of the request by the planning additionally be initiated by resolution of the commis- commission shall be considered final unless appealed. VAW lion or the council.(Ord.99§I(part),1975:Exhibit A (Ord.99 § 1 (part), 1975:Exhibit A§25.39-8.06) Ta §2539-8.02) 25.84.070 Appeal to the city council. � 25.84.030 Application—Submittal requirements. A decision of the commission involving.a denial of A property owner desiring to propose a change in an application for a change in district boundaries may the boundaries of the district in which his property is be appealed to the council within fifteen days of the located, or his authorized agent, may file with the decision by the applicant or any other person as pre- planning division an application for a change in district scribed in Section 25.86.020. (Ord.99 § 1 (part), 1975: boundaries on a form prescribed by the planning com- Exhibit A§2539-8.07) q mission and shall include the following information: A. Name and address of the applicant; 25.84.080 Action by the city council. B. Statement that the applicant is the plaintiff in an The city council shall hold at least one public hearing action of eminent domain to acquire the property or on an application within forty days after receipt of the the owner or the authorized agent of the owner of the resolution or report by the commission;provided,that property for which the change in district boundaries is no hearing shall be held on an application which has proposed; been denied by the commission unless an appeal is .. G Address and legal description of the property; filed. The hearing shall be set and notice given as D. An accurate scaled drawing of the site and the prescribed in Section 25.86.010. Within twenty-one 474 25.84.080 days following the close of a public hearing,the council 25.84.090 New application following denial. shall make a specific fording as to whether the change Following the denial of an application for a change is consistent with the objectives of this title. If the ' in district boundaries an application or request for the council fords that the change is consistent,it shall intro- same or substantially the same change shall not be filed dux an ordinance amending the zoning map. If the within one year of the date of denial.(Ord.99§1(part), council finds that the change is not consistent,it shall 1975:Exhibit A§2539-8.09) deny the application. The council shall not modify a e of zoning ma decision of the planting commission recommending 25.94.100 Chang p• granting of an application until it has requested and A change in district boundaries shall be indicated by considered a report of the commission on the modifi- listing on the zoning map the number of the ordinance cation.Failure of the commission to report within forty amending the map.(Ord 99§1(part),1975:Exhibit A days after receipt of the council request shall be §2539-8.10) deemed concurrence.(Ord.99§1(part),1975:Exhibit s A§2539-8.08) 475 City of Palm Desert Council Agenda Req uest // Meeting of fi�2�m &t/ ,,�2) To be considered under. Consent Calendar_ Resolutions Ordinances_ �[ New Business_ Old Business_ Informational Items Public Hearings L Other_ Consideration of approval of a zoning ordinance amendment as 2. item Title: it relates to Municipal Code Sections 25.82.060 and 25.84.080, -Action by the City Council. CASE NO: ZOA 98-6 3. Financial: (Complete if applicable) (a) Account/Project# (b) Amount Requested (c) In the Current Budget? (c) Appropriation Required. Approved by Director of Finance: 4. Submitted by: Si!;vE' SMITH 5. Approvals: Department H�p o =CitvMana,er a PROOF OF P mucAnoN This space is for County Clerk's Riing Stamp (2015.5CC.P.) RECEIVED '98. 00T 28 PM 3 40 SCAIEOFCALtFORNIA CITY CLERK'S OFFICE Couiipf Riverside I ama dram Bf the United States w4p resident of 1heCa n jafaesaid;lam over tiler age'of eighteen years,aodard not a party to or interested In the aboneerd9led matter. I am the principal clerk of a pc niffoF rMERTSUN PUBLISH M MMPA,AIIfa newspaper Jge_:e id circulation, Proof of Publication of priatedandp blished in the city of Palm Springs. Cormt dTiverside,and which newspaper has been adMpdanewspaperof general cnvlation bythe ••••••••••••••••••••••••••••••••••••••••••••••••• SupaiwCoad of the County of Riverside,State of ................................................+ CaMmk mlder the date of March 24,1988. Can Numbs VIM'that the no ft of which the anroWhapilinted aW(set in type not smalla than nop 4 has been published In each regular Mind C*tIsm of said newspaper and not in any tnplenelOneof on dates,to-wit: INo.8154 CITY os PALM DESErrr LEGAL NOTICE •,.. CASE NO. ZOA 88-8 NOTICE IS HEREBY GIVEN that a putblic: hearing • will be %Id ixfore the Palm Desert OpCrrltdtlyy��Council to eetes�to ACNonappmyy tom CZoning Council,n as It SAIDcipal Code public s 25.82All e h 25an Thui a SAID public hearing will 0 held . J Thursday, No- vember 12, he Pa at T,00 Civic 'ICente Council e�.M.....muu...n. ....o.n..u...u....ee Chamber in the Palm Desert Civic Cameo nia, at whitFred Waling Drive, palm Desert. California, et • which time end place Oil heard.interestedWritten persona ereis in- vited to attend and o heard. Written comments eeo....wrn...............•..o.�......u....ee concerning all Items covered by this public hearing notice .hell be accepted uVp t the date os of the .hearing. orInformationnegative ive declaration the proposed pro- • vielec and/or nDepart decla Of Is available for re- view in the above address of Community hours Develop- ment at the above .m. Ms between the hours of You challenge the trrop9 ed�thorm In co yoti%r may be lim to �_J` _,`��},� 'someone else raised at the ppublic hearingg tle- I, penaft MpAy deliver delivered tole a City C in cil on eorresporrtlonce j��+e+4 utoL7 D( thatthle Pubiche hearing. the City Council at,,or prior to, the Public hearing. fos�olsjBinreandoared SHEILA R. GILLIGAN,City Clerk 21W of Pelm Desert. California PUB: October 26. 1 C California . rl DatedattaImSSpn&SNCalhfomiath ....pday Of. 19 40— L - ~ _ SIGNATURE C�ofv Off paHH oDCn 73.510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346.0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 98-6 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider amendment to the Zoning Ordinance as it relates to Action by the City Council, Municipal Code Sections 25.82.060 and 25.84.080. SAID public hearing will be held on Thursday, November 12, 1998, 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 City Council at, or prior to, the public hearing. PUBLISH: Desert Sun SHEILA R. GILLIGAN, City Clerk October 26, 1998 City of Palm Desert, California CITY OF PALM DESERT ID : 619-341-7098 OCT 22 '98 9 : 58 /R14NSMIT CONFIRMRTION REPORT NO . 002 RECEIVER 7607784731 TRANSMITTER CITY OF PALM DESERT DATE OCT 22 ' 98 9 : 58 DURATION 01 '38 MODE STD PAGES 02 RESULT OK Data 1 ID oP, Pa9aa• �s�� Sf�I17H' post-it Fax Note From 5 co. / tco.I. ePt PES r su �c Phone 37(O..d b !l Fax� FaxN � �a p��Nrm 6 _ ciT o - J 2D c�G� w A City of Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE(760)346-0611 •FAX(760)341-7098 a http://www.palm-desert.org PLANNING COMMISSION MEETING NOTICE OF ACTION Date: October 21 , 1998 CITY OF PALM DESERT Re: ZOA 98-6 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of October 20, 1998: PLANNING COMMISSION RECOMMENDED TO CITY COUNCIL APPROVAL OF ZOA 98-6 BY ADOPTION OF RESOLUTION NO. 1901 . CARRIED 5-0. 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. STEPHEN R. SMITH, ACTING SECRETARY PALM DESERT PLANNING COMMISSION /tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal R;=Paper w PLANNING COMMISSION RESOLUTION NO. 1901 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT AS IT RELATES TO MUNICIPAL CODE SECTIONS 25.82.060 AND 25.84.080, ACTION BY THE CITY COUNCIL. CASE NO. ZOA 98-6 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of October, 1998, hold a duly noticed public hearing to consider the above noted zoning ordinance amendment; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18" in that the Director of Community Development has determined the amendment to be a class 5 categorical exemption for the purposes of CEQA; 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 recommending approval of said amendment: 1 . That the zoning ordinance amendment is consistent with the objectives of the Zoning Ordinance. 2. That the zoning ordinance amendment is consistent with the adopted General Plan and applicable specific plans. 3. That the zoning ordinance amendment would better serve the public health, safety, and general welfare than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That Zoning Ordinance Amendment 98-6 attached hereto as Exhibit "A" is hereby recommended to City Council for approval. 4 PLANNING COMMISSION RESOLUTION NO. 1901 APPROVED at regular meeting of the Palm Desert Planning PASSED, ADOPTED and A a gul e g g � Commission, held on this 20th day of October, 1998, by the following vote, to wit: AYES: BEATY, FERNANDEZ, FINERTY, JONATHAN, CAMPBELL NOES: NONE ABSENT: NONE ABSTAIN: NONE ti SONIA M. CAMPBELL, Chairperson ATTEST: STEPHEN R. SMITH, Acting Secretar Palm Desert Planning Commission 2 J � PLANNING COMMISSION RESOLUTION NO. 1901 EXHIBIT "A" Section 1 That Section 25.82.060 "Action by the City Council" be amended to read as follows: "25.82.060 Action by the City Council. The city council shall hold at least one public hearing on the proposal within 40 days after receipt of the report of the planning commission. The hearing shall be set and notice given as prescribed in Section 25.86.010. Within twenty-one days following the closing of the public hearing, the council shall make a specific finding as to whether the change is consistent with the objectives of this title. If the council finds that the change is consistent, it shall introduce an ordinance amending the zoning ordinance text. If the council shall find that the Proposal is not consistent, it shall deny the application or reject the proposal pursuant to a resolution of denial. The council shall not approve a modification of a decision of the planning commission recommending adoption of the text amendment until it has requested and considered a report of the commission on the modification, unless the modification had been considered by the planning commission during its public hearing on the matter. Failure of the commission to report within forty days after receipt of the council request shall be deemed concurrence. Denial of an application shall not require referral back to the planning commission. (Ord. 99 § 1 (part), 1975:Exhibit A § 25.39-7.06)" Section 2 That Section 25.84.080 "Action by the City Council" be amended to read as follows: "25.84.080 Action by the City Council. The city council shall hold at least one public hearing on an application within forty days after the receipt of the resolution or report by the commission; provided, that no hearing shall be held on an application which has been denied by the commission unless an appeal is filed. The hearing shall be set and notice given as prescribed in Section 25.86.010. Within twenty-one days following the close of a public hearing, the council shall make a specific finding as to whether the change is consistent with the objectives of this title. If the council finds that the change is not consistent, it shall deny the application 3 PLANNING COMMISSION RESOLUTION NO. 1901 pursuant to a resolution of denial. The council shall not approve a modification of a decision of the planning commission recommending granting of an application until it has requested and considered a report of the commission on the modification. Failure of the commission to report within forty days after receipt of the council request shall be deemed concurrence. Denial of an application shall not require referral back to the planning commission. (Ord 99 § 1 (part),1 975:Exhibit A § 25.39-8.08)" 4 b MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 20, 1998 conflict of interest. They discussed that and a conflict of interest is in regard to any monetary benefit that she may or may not derive and there was no monetary benefit. She felt that the concerns of the residents were adequately addressed. Conditions one and five as stated were agreed to by the church as was condition three. They said they had no formal planned activities on the grass. Commissioner Beaty thanked her for her answer. Commissioner Beaty stated that no one here was criticizing in any way the goodness of the church. Commissioner Jonathan said he had a follow-up question and that Commissioner Finerty's point was well taken and wouldn't address this matter specifically, but there had been a few occasions where Planning Commissioners have been members of organizations and in some cases nonprofit organizations that have been before them and asked if maybe the City Attorney, if not at this meeting but at a future meeting, could give them an opinion on whether a conflict could exist when it's not a potential issue of financial gain but perhaps were other types of involvement with the applicant. Mr. Hargreaves explained that the Political Reform Act which is the standard way of judging conflicts was driven entirely by financial considerations. If there was no financial link, there was no conflict under the Political Reform Act. There is existing within California law the sense of the common law conflict of interest which existed before the Political Reform Act and the basis of that is when they sit in public office there is a commitment and goal to act on behalf of the public and if they have personal interest apart from financial interest that impedes their ability to act on behalf of the public as a whole, then it is appropriate to abstain as having a conflict. That didn't mean that just because they were personally involved that they couldn't act on behalf of the public, particularly when they are involved in organizations whose goals are to benefit the public. If anything, they might have more of an insight into a particular issue than other people, but the goal here is to always act on behalf of the public in the public good and not on behalf of a personal interest. Chairperson Campbell noted that the public hearing was open and was continued to November 17, 1998. E. Case No. ZOA 98-6 - CITY OF PALM DESERT, Applicant Request for recommendation to the City Council to approve a - - zoning ordinance amendment as it relates to Municipal Code Section 25.82.060 and 25.84.080, Action By The City Council. 40 i MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 20, 1998 Mr. Smith stated that when they were processing Walgreens through the City Council it involved a change of zone. It became clear or apparent that a couple of code sections weren't as clear as staff would like them to be as to how the City Council should act when its action differs from that of Planning Commission or when it is modifying an action by Planning Commission. He indicated that there was a difference. With the proposed language, they were trying to clarify the issue and it would apply to changes of zone and to zoning ordinance amendments. Part of it was determined through Government Code Sections 65857 that deals with modification and requires that significant modification be referred back to the Planning Commission and they were also plugging in language that while this Commission is familiar with the act of when staff brings in a draft resolution of approval on a matter and Commission decides to turn it down, Planning Commission directs staff to prepare a resolution of denial and tells them what the reasons are for the denial. At this point there wasn't currently precise language to that effect. They were adding that in because there were some on City Council who felt that an affirmative motion which didn't pass was a denial and that was not necessarily the case. Staff was clarifying those issues with this language. Chairperson Campbell opened the public hearing and asked for any testimony in FAVOR or OPPOSITION. There Was none and the public hearing was closed Chairperson Campbell asked commission comments. Action: It was moved by Commissioner Beaty, seconded by Commissioner Finerty, approving the findings as presented by staff. Motion carried 5-0. It was moved by Commissioner Beaty, seconded by Commissioner Finerty, adopting Planning Commission Resolution No. 1901 recommending to City Council approval of ZOA 98-6. Motion carried 5-0. IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES A. CIVIC CENTER STEERING COMMITTEE - (No meeting) 41 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: October 20, 1998 CASE NO: ZOA 98-6 REQUEST: Recommendation to the City Council of approval of a zoning ordinance amendment as it relates to Municipal Code Section 25.82.060 and 25.84.080, Action By The City Council. APPLICANT: City of Palm Desert I. BACKGROUND: During City Council consideration of the Walgreens application there was some confusion with respect to the process which was to be followed when the City Council action differs from that recommended by the Planning Commission. II. ANALYSIS: We have reviewed the existing code sections 25.82.060, 25.84.080 and Government Code Section 65857, copies attached. Two issues are apparent: r A. If the City Council decides to deny an amendment which has been recommended for approval by the Planning Commission the City Council may do so without referral back to the Planning Commission. B. If the City Council decides to approve an amendment to the zoning map or zoning text in a form not previously considered by the Planning Commission, then Government Code Section 65857 requires that the modified amendment be referred to the Planning Commission for a report. Staff have added a couple of clauses to the existing code sections which will clarify . the above two issues. The Walgreens processing also revealed another issue. Failure to pass an affirmative motion does not complete the matter. Consequently, we have added a clause requiring a resolution of denial be adopted when the Council wishes to deny an application. See the enclosed strike-out/insert version of Code Sections 25.82.060 and 25.84.080. STAFF REPORT ZOA 98-6 OCTOBER 20, 1998 III. RECOMMENDATION: That the Planning Commission recommend approval of Case No. ZOA 98-6 to the City Council. IV. ATTACHMENTS: A. Draft resolution B. Legal notice C. Comments from city departments and other agencies D. Plans and exhibits r Prepared by St AeSm"'Ithi4� Reviewed and Approved by—, Phil Drell ;. /tm i 2 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT AS IT RELATES TO MUNICIPAL CODE SECTIONS 25.82.060 AND 25.84.080, ACTION BY THE CITY COUNCIL. CASE NO. ZOA 98-6 WHEREAS the PlanningCommission of the City of Palm Desert, California, did on Y the 20th day of October, 1998, hold a duly noticed public hearing to consider the above noted zoning ordinance amendment; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18" in that the Director of Community Development has determined the amendment to be a class 5 categorical exemption for the purposes of CEQA; 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 recommending approval of said amendment: 1 . That the zoning ordinance amendment is consistent with the objectives of the Zoning Ordinance. 2. That the zoning ordinance amendment is consistent with the adopted General Plan and applicable specific plans. 3. That the zoning ordinance amendment would better serve the public health, safety, and general welfare than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That Zoning Ordinance Amendment 98-6 attached hereto as Exhibit "A" is hereby recommended to City Council for approval. PLANNING COMMISSION RESOLUTION NO. PASSED, ADOPTED and APPROVED at a regular meeting of the Palm Desert Planning Commission, held on this 20th day of October, 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SONIA M. CAMPBELL, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" Section 1 That Section 25.82.060 "Action by the City Council" be amended to read as follows: "25.82.060 Action by the City Council. The city council shall hold at least one public hearing on the proposal within 40 days after receipt of the report of the planning commission. The hearing shall be set and notice given as prescribed in Section 25.86.010. Within twenty-one days following the closing of the public hearing, the council shall make a specific finding as to whether the change is consistent with the objectives of this title. If the council finds that the change is consistent, it shall introduce an ordinance amending the zoning ordinance text. If the council shall find that the Proposal is not consistent, it shall deny the application or reject the proposal pursuant to a resolution of denial. The council shall not approve a modification of a decision of the planning commission k recommending adoption of the text amendment until it has requested l and considered a report of the commission on the modification, unless the modification had been considered by the planning commission during P 9 its public hearing on the matter. Failure of the commission to report within forty days after receipt of the council request shall be deemed concurrence. Denial of an application shall not require referral back to the planning commission. (Ord. 99 § 1 (part), 1975:Exhibit A § 25.39-7.06)" Section 2 That Section 25.84.080 "Action by the City Council" be amended to read as follows: "25.84.080 Action by the City Council. The city council shall hold at least one public hearing on an application within forty days after the receipt of the resolution or report by the commission; provided, that no hearing shall be held on an application which has been denied by the commission unless an appeal is filed. The hearing shall be set and notice given as prescribed in Section 25.86.010. Within twenty-one days following the close of a public hearing, the council shall make a specific finding as to whether the change is consistent with the objectives of this title. If the council finds that the change is not consistent, it shall deny the application 3 PLANNING COMMISSION RESOLUTION NO. pursuant to a resolution of denial. The council shall not approve a modification of a decision of the planning commission recommending granting of an application until it has requested and considered a report of the commission on the modification. Failure of the commission to report within forty days after receipt of the council request shall be deemed concurrence. Denial of an application shall not require referral back to the planning commission. (Ord 99 § 1 (part),1 975:Exhibit A § 25.39-8.08)" ; 4 § 65856 PLANNING AND ZONING ZONING REGULATIOD Note 2 Title 7 Div. 1 ing did not impinge on people's right to initiate (1974) 118 Ca1.Rptr. 146, 13 Cal.3d 205, 529 plan, specific plan, or i zoning legislation. San Diego Bldg. Contrac- P.2d 570, appeal dismissed 96 S.Ct. 3184, 427 commission or the plann tors Assn v. City Council of City of San Diego U.S.901,49 L.Ed.2d 1195. study within a reasonat fifths vote of the legislat § 65857. Modification or disapproval of recommendations of no further force and The legislative body may approve, modify or disapprove the recommendation pursuant to Section 650 of the planning commission; provided that any modification of the proposed the interim ordinance fc ordinance or amendment by the legislative body not previously considered by interim ordinance for o, the planning commission during its hearing, shall first be referred to the vote for adoption. Not I planning commission for report and recommendation, but the planning com- (b) Alternatively, an it mission shall not be required to hold a public hearing thereon. Failure of the - following notice pursuar planning commission to report within forty (40) days after the reference, or shall be of no further Eo such longer period as may be designated by the legislative body, shall be notice pursuant to Secti deemed to be approval of the proposed modification. by a four-fifths vote ext( (Added by Stats.1965, c. 1880, p. 4348, § 6. Amended by Stats.1973, c. 600, p. 1124, (c) The legislative bo § 1.) pursuant to this section Historical and Statutory Notes current and immediate The 1973 amendment inserted "not previous. Forms§ 65857, added by Stats.1953,c. 1355, the approval of additio ly considered by the planning commission dur- p. 2928, § 2, related to effect of an appeal to mits, or any other appli ing its hearing" following "amendment by the board of appeals, and was repealed by Stats. comply with zoning legislative body". 1965.c. 1880,p.4850,§ 9. See,now,§ 65903. P Y a g safety, or welfare. Cross References (d) Ten days prior to Interagency referrals, modification and referral back of proposed actions, see Government Code the legislative body sha §§ 65919-7,65919.8. to alleviate the condition Library References (e) When an interim Zoning and Planning cy133, 193. C.J.S. Zoning and Land Planning §§ 12, 14, nance adopted pursuai WESTLAW Topic No, 414. 16,87,89, 93,94. same shall a property, Notes of Decisions effect upon the termini In general I City of Millbrae (App. I Dist. 1968)69 Cal.Rptr. the ordinance as provid - 251,262 Cal.App.2d 222. (Added by Stats.1965, c. County board of supervisors'granting of real- § 1; Slats.1971, c. 187, p. 1. In general ty owners' appeal from action of planning com- Stats.1988, c. 1408,§ 3; Where planning commission had approved mission in recommending that board change rezoning of eight separately designed sections zone classification of owners' property from and submitted them to city council but council family residential to multiple family instead of rezoned only one of the sections, ordinance limited commercial as originally requested by As added in 1965,this sect rezoning one section was merely an ordinance owners was not effective to change zoning clas- "Without following the pr of lesser scope than that which council might sification of owners' property until finalized by required preliminary to the a have enacted and failure to rezone other seven an amendatory ordinance, and then only if ordinance, the legislative b, sections did not amount to a change in the board complied with all other requirements of public safety, health and we commission's recommendations and referral the state enabling legislation. Richter v. Board an urgency measure an intc back to planning commission was not neces- of Sup'rs of Sacramento County (App. 5 Dist. hibiting any uses which mad sary. Millbrae Ass'n for Residential Survival v. 1968)66 Cal.Rptr.52,259 Cal.App.2d 99. a contemplated zoning prop( lative body, planning comn ping department is conside § 65858. Interim zoning; urgency measures Intends to study within Such urgency measure shall (a) Without following the procedures otherwise required prior to the adop- vote of the legislative body tion of a zoning ordinance, the legislative body, to protect the public safety, interim ordinance shall be and effect 90 days from Ill health and welfare, may adopt as an urgency In an interim ordinance r. thereof; provided, howeve. prohibiting any uses which may be in conflict with a contemplated general pursuant to Section 65856 78 a"i 25.82.060 Action by the city council. The city council shall hold at least one public hearing on the proposal within forty days after receipt of the report of the planning commission. The hearing shall be set and notice given as prescribed in Section 25.86.010. Within twenty-one days following the closing of the public hearing, the council shall make a specific finding as to whether the change is consistent with the objectives of this title. If the council finds that the change is consistent, it shall introduce an ordinance amending the zoning ordinance text. If the council shall find that the proposal is not consistent, it shall deny the application or reject the proposal pursuanfto Yre§olution of denial. The council shall not medifyapprove a modification of a decision of the planning commission recommending adoption of the text amendment until it has requested and considered a report of the eammission he comrriissiori'on the modification, unless the modification had been considered by the planning commission during its public hearing on the matter. Failure of the commission to report within forty days after receipt of the council request shall be deemed concurrence. Denial-of anapplication sshall noYrequire referral back to the planning commission. (Ord. 99 § 1 (part),1976:Exhibit A § 25.39-7.06) 25.84.080 Action by the city council. The city council shall hold at least one public hearing on an application within forty days after the receipt of the resolution or report by the commission; provided, that no hearing shall be held on an application which has been denied by the commission unless an appeal is filed. The hearing shall be set and notice given as prescribed in Section 25.86.010. Within twenty-one days following the close of a public hearing, the council shall make a specific finding as to whether the change is consistent with the objectives of this title. If the council finds that the change is not consistent, it shall deny the application pursuanf to a resolation'of denial. The council shall not tnedifyapprove a modification of a decision of the planning commission recommending granting of an application until it has requested and considered a report of the commission on the modification. Failure of the commission to report within forty days after receipt of the council request shall be deemed concurrence. Denial of'an-application-shall not require referral back to the planning coriiniission�'(Ord.99 § 1 (part),1975:Exhibit A § 25.39-8.08) 25.82.010 Chapter 25.82 adopted general plan, and shall recommend that the proposal be adopted, adopted in modified form, or AMENDMENTS—ZONING ORDINANCE rejected. (Ord.99 § 1 (part), 1975; Exhibit A§ 25.39- 7.05) Sections: 25.82.060 Action by the city council. 25.82.010 Purpose. The city council shall hold at least one public hearing 25.82.020 Initiation. on the proposal within forty days after receipt of the i 25.82.030 Public hearing. report of the planning commission.The hearing shall 25.82.040 Investigation and report. be set and notice given as prescribed in Section 25.82.050 Action by the planning commission. 25.86.010.Within twenty-one days following the clos- ing of the public hearing, the council shall make a 25.82.060 Action by the city council. specific finding as to whether the change is consistent 25.82.070 New proposal following denial. with the objectives of this title.If the council fords that the change is consistent,it shall introduce an ordinance 25.82.010 Purpose. amending the zoning ordinance text.If the council shall The text of this title may be amended by changing find that the proposal is not consistent,it shall deny the the district regulations or any other provision of this application or reject the proposal.The council shall not title in accord with the procedure described in this modify a decision of the planning commission recom- chapter. (Ord. 99 § 1 (part), 1975: Exhibit A § 25.39- mending adoption of the text amendment until it has 7.01) requested and considered a report of the commission on the modification,unless the modification had been 1 25.82.020 Initiation. considered by the planning commission during its pub- The planning commission may initiate proceeding lic hearing on the matter.Failure of the commission to report within forty days after receipt of the council by motion and theh hold public hearings and make a request shall x deemed concurrence. (Ord. 99 § 1 recommendation as provided in this chapter. (part),1975:Ex The city council may initiate proceedings by motion Exhibit A§2539-7.06) and then submit the matter to the planning commission 25.82.070 New proposal following denial. for public hearings.(Ord.99§1(part),1975:Exhibit A Following the denial for an amendment to the zon- §2539-7.02) ing ordinance text, a request for the same or substan- tially the same change shall not be filed within one year 25.82.030 Public hearing. of the date of denial.(Ord.99§ 1 (part),1975:Exhibit The planning commission shall hold at least one A§25.39-7.07) public hearing on each proposal for text amendment. The hearing shall be set and notice given as prescribed in Section 25.86.010.(Ord.99§ 1 (part), 1975:Exhibit A§25.39-7.03) 25.82.040 Investigation and report. The planning division shall make a review of the proposal and shall prepare a report thereonwhich shall be'submitted to the planning commission prior to the public hearing. (Ord. 99 § 1 (part), 1975: Exhibit A § 2539-7.04) 25.82.050 Action by the planning commission. Within twenty-one days following the closing of the public hearing,the planning commission shall make a specific finding as to whether the text amendment is consistent with the objectives of this title and the 473 25.84.010 t Chapter 25.84 surrounding area showing existing streets andproperty lines for a distance determined by the director of envi- AMENDMENTS—ZONING MAP ronmental services to be necessary to illustrate the 19 relationship to any impact on the surrounding area; Sections: E. A list of all owners of properties located within 25.84.010 Procedum three hundred feet of the exterior boundaries of the 25.84.020 Initiation. subject property,taken from the latest adopted tax roll its 25.84.030 Application---Submittal of Riverside County; the list shall be keyed to a map requirements. showing the location of these properties. (Ord.99§ 1 25.84.040 Investigation and report. (part),1975:Exhibit A§25.39-8.03) a 25.84.050 Public hearing. 25.84.060 Action by the planning commission. 25.84.040 Investigation and report 25.84.070 Appeal to the city council. The planning division shall make an investigation of g. 25.84.080 Action by the city council. the application and shall prepare a report which shall 25.84.090 New application following denial. be submitted to the commission and to the applicant 25.84.100 Change of zoning map. prior to the public hearing. (Ord. 99 § 1 (part), 1975: a Exhibit A§25.39-8.04) 25.84.010 Procedure 91 The zoning map may be amended by changing the 25.84.050 Public hearing. 14, boundaries of anydistrict in accordwith the procedures The commission shall hold at least one public hear- described in this chapter. (Ord. 99 § 1 (part), 1975: ing on each application for a change in district bound- Exhibit A§2539-8.01) aries. The hearings shall be set and notice given as prescribed in Section 25.86.010. (Ord. 99 § 1 (part), n 25.84.020 Initiation. 1975:Exhibit A§25.39-8.05) A change in the boundaries of any district may be initiated by the owner or the authorized agent of the 25.84.060 Action by the planning commission. a owner of the property by filing an application for a Within twenty-one days following the closing of the change in district boundaries.If the property for which public hearing, the commission shall make a specific a change of district is proposed is in more than one ceding as to whether the change is consistent with the ownership, all the owners or their authorized agents objectives of this title and shall recommend that the shall join in the filing of the application. application be granted, granted in modified form, or A change in the boundaries of any district may denied. The denial of the request by the planning additionally be initiated by resolution of the commis- commission shall be considered final unless appealed. sion or the council.(Ord 99§I(part),1975:Exhibit A (Ord.99§ 1 (part), 1975:Exhibit A§25.39-8.06) §2539-8.02) 25.84.070 Appeal to the city council. b 25.84.030 Application—Submittal requirements. A decision of the commission involving a denial of A property owner desiring to propose a change in an application for a change in district boundaries may the boundaries of the district in which his property is be appealed to the council within fifteen days of the V located, or his authorized agent, may file with the decision by the applicant or any other person as pre- planning division an application for a change in district scribed in Section 25.86.020.(Ord 99§ I(part),1975: boundaries on a form prescribed by the planning com- Exhibit A§2539-8.07) mission and shall include the following information: A. Name and address of the applicant; 25.84.080 Action by the city council. IL Statement that the applicant is the plaintiff in an The city council shall hold at least one public hearing action of eminent domain to acquire the property or on an application within forty days after receipt of the the owner or the authorized agent of the owner of the resolution or report by the commission;provided,that property for which the change in district boundaries is no hearing shall be held on an application which has proposed; been denied by the commission unless an appeal is C. Address and legal description of the property, filed. The hearing shall be set and notice given as D. An accurate scaled drawing of the site and the prescribed in Section 25.86.010. Within twenty-one 474 i i 25.84.080 days following the close of a public hearing,the council 25.84.090 New application following denial. shall make a specific finding as to whether the change Following the denial of an application for a change is consistent with the objectives of this title. If the in district boundaries an application or request for the council finds that the change is consistent,it shall intro- same or substantially the same change shall not be filed duce an ordinance amending the zoning map. If the within one year of the date of denial.(Ord.99§1(part), council finds that the change is not consistent,it shall 1975:Exhibit A§2599-8.09) deny the application. The council shall not modify a decision of the planning commission recommending 25.84.100 Change of zoning map. granting of an application until it has requested and A change in district boundaries shall be indicated by considered a report of the commission on the modifi- listing on the zoning map the number of the ordinance cation.Failure of the commission to report within forty amending the map.(Ord.99§1(part),1975:Exhibit A days after receipt of the council request shall be §25.39-8.10) deemed concurrence.(Ord.99§1(part),1975:Extubit A$25.39-8.08) 475 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: October 20, 1998 CASE NO: ZOA 98-6 REQUEST: Recommendation to the City Council of approval of a zoning ordinance amendment as it relates to Municipal Code Section 25.82.060 and 25.84.080, Action By The City Council. APPLICANT: City of Palm Desert I. BACKGROUND: During City Council consideration of the Walgreens application there was some confusion with respect to the process which was to be followed when the City Council action differs from that recommended by the Planning Commission. 11. ANALYSIS: We have reviewed the existing code sections 25.82.060, 25.84.080 and Government Code Section 65857, copies attached. Two issues are apparent: A. If the City Council decides to deny an amendment which has been recommended for approval by the Planning Commission the City Council may do so without referral back to the Planning Commission. B. If the City Council decides to approve an amendment to the zoning map or zoning text in a form not previously considered by the Planning Commission, then Government Code Section 65857 requires that the modified amendment be referred to the Planning Commission for a report. Staff have added a couple of clauses to the existing code sections which will clarify the above two issues. The Walgreens processing also revealed another issue. Failure to pass an affirmative motion does not complete the matter. Consequently, we have added a clause requiring a resolution of denial be adopted when the Council wishes to deny an application. See the enclosed strike-out/insert version of Code Sections 25.82.060 and 25.84.080. STAFF REPORT ZOA 98-6 OCTOBER 20, 1998 III. RECOMMENDATION: That the Planning Commission recommend approval of Case No. ZOA 98-6 to the City Council. IV. ATTACHMENTS: A. Draft resolution B. Legal notice C. Comments from city departments and other agencies D. Plans and exhibits Prepared by Stove Smith �/ Reviewed and Approved b41 & C Phil Drell /tm 2 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT AS IT RELATES TO MUNICIPAL CODE SECTIONS 25.82.060 AND 25.84.080, ACTION BY THE CITY COUNCIL. CASE NO. ZOA 98-6 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of October, 1998, hold a duly noticed public hearing to consider the above noted zoning ordinance amendment; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18" in that the Director of Community Development has determined the amendment to be a class 5 categorical exemption for the purposes of CEQA; 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 recommending approval of said amendment: 1 . That the zoning ordinance amendment is consistent with the objectives of the Zoning Ordinance. 2. That the zoning ordinance amendment is consistent with the adopted General Plan and applicable specific plans. 3. That the zoning ordinance amendment would better serve the public health, safety, and general welfare than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That Zoning Ordinance Amendment 98-6 attached hereto as Exhibit "A" is hereby recommended to City Council for approval. PLANNING COMMISSION RESOLUTION NO. PASSED, ADOPTED and APPROVED at a regular meeting of the Palm Desert Planning Commission, held on this 20th day of October, 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SONIA M. CAMPBELL, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 1 2 PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" Section 1 That Section 25.82.060 "Action by the City Council" be amended to read as follows: "25.82.060 Action by the City Council. The city council shall hold at least one public hearing on the proposal within 40 days after receipt of the report of the planning commission. The hearing shall be set and notice given as prescribed in Section 25.86.010. Within twenty-one days following the closing of the public hearing, the council shall make a specific finding as to whether the change is consistent with the objectives of this title. If the council finds that the change is consistent, it shall introduce an ordinance amending the zoning ordinance text. If the council shall find that the Proposal is not consistent, it shall deny the application or reject the proposal pursuant to a resolution of denial. The council shall not approve a modification of a decision of the planning commission recommending adoption of the text amendment until it has requested and considered a report of the commission on the modification, unless the modification had been considered by the planning commission during its public hearing on the matter. Failure of the commission to report within forty days after receipt of the council request shall be deemed concurrence. Denial of an application shall not require referral back to the planning commission. (Ord. 99 § 1 (part), 1975:Exhibit A § 25.39-7.06)" Section 2 That Section 25.84.080 "Action by the City Council" be amended to read as follows: "25.84.080 Action by the City Council. The city council shall hold at least one public hearing on an application within forty days after the receipt of the resolution or report by the commission; provided, that no hearing shall be held on an application which has been denied by the commission unless an appeal is filed. The hearing shall be set and notice given as prescribed in Section 25.86.010. Within twenty-one days following the close of a public hearing, the council shall make a specific finding as to whether the change is consistentwith the.objectives of this title. If the council finds that the change is not consistent, it shall deny the application 3 PLANNING COMMISSION RESOLUTION NO. pursuant to a resolution of denial. The council shall not approve a modification of a decision of the planning commission recommending granting of an application until it has requested and considered a report of the commission on the modification. Failure of the commission to report within forty days after receipt of the council request shall be - deemed concurrence. Denial of an application shall not require referral back to the planning commission. (Ord 99 § 1 (part),1 975:Exhibit A § 25.39-8.08)" 4 § 65856 PLANNING AND ZONING ZONING RFGULATIOD Note 2 Title 7 Div. i ing did not impinge on people's right to initiate (1974) 118 Cal.Rptr. 146, 13 Cal.3d 205, 529 plan, specific plan, or : zoning legislation. San Diego Bldg. Contrac- P.2d 570, appeal dismissed 96 S.Ct. 3184, 427 commission or the plann tors Assn v. City Council of City of San Diego U.S.901,49 L.Ed.2d 1195. study within a reasonat fifths vote of the legislat § 65857. Modification or disapproval of recommendations of no further force and The legislative body may approve, modify or disapprove the recommendation pursuant to Section 650 of the planning commission; provided that any modification of the proposed the interim ordinance ft ordinance or amendment by the legislative body not previously considered by interim ordinance for o the planning commission during its hearing, shall first be referred to the vote for adoption. Not 1 planning commission for report and recommendation, but the planning com- (b) Alternatively, an is mission shall not be required to hold a public hearing thereon. Failure of the following notice pursuar planning commission to report within forty (40) days after the reference, or shall be of no further fo such longer period as may be designated by the legislative body, shall be notice pursuant to Secti deemed to be approval of the proposed modification. by a four-fifths vote extt (Added by Stats.1965, c. 1880, p. 4348, § 6. Amended by Stats.1973, c. 600, p. 1124, (c) The legislative be § 1.) pursuant to this section Historical and Statutory Notes current and immediate The 1973 amendment inserted "not previous- Forms§ 65857, added by Stats.1953, c. 1355, the approval of additio ly considered by the planning commission dur- p. 2928, § 2, related to effect of an appeal to traits, or any other appli ing its hearing" following "amendment by the board of appeals, and was repealed by Stats. 1 With a Zoning legislative body'. 1965,c. 1880.p. 4850,§ 9. See,now,§ 65903. comply Y safety, or welfare. Cross References (d) Ten days prior to Interagency referrals, modification and referral back of proposed actions. see Government Code the legislative body sha §§ 65919.7, 65919.8. to alleviate the conditio: Library References (e) When an interim zoning and Planning o133, 193. C.J.S. Zoning and Land Planning §§ 12, 14, nance adopted pursual WESTLAW Topic No.4i4. 16, 87,89, 93,94. same shall a property, Notes of Decisions effect upon the termin; In general 1 City of Millbrae (App. 1 Dist. 1968)69 Cal.Rptr. the ordinance as proved 251,262 Cal.App.2d 222. (Added by Stats.1965, c. County board of supervisors' granting of real- § 1; Stats.1971, e. 187, p. 1. In general ty owners' appeal from action of planning com- Stats,1988, c. 1408, § 3; Where planning commission had approved mission in recommending that board change rezoning of eight separateh designed sections zone classification of owners' property from and submitted them to city council but council family residential to multiple family instead of rezoned only one of the sections, ordinance limited commercial as originally requested by As added in 1965,this sect rezoning one section was merely an ordinance owners was not effective to change zoning clan- "Without following the pr of lesser scope than that which council might sification of owners' property until finalized by required preliminary to the a have enacted and failure to rezone other seven an amendatory ordinance, and then only if ordinance, the legislative b, sections did not amount to a change in the board complied with all other requirements of public safety, health and we commission's recommendations and referral the state enabling legislation. Richter v. Board an urgency measure an into back to planning commission was not neces- of Sup'rs of Sacramento County (App. 5 Dist. hibiting any uses which max sarv. Millbrae Assn for Residential Survival v. 1968)66 Cal.Rptr. 52,259 Cal.App.2d 99. a contemplated zoning prop( lative body. planning Comm ning department is conside § 65858. Interim zoning; urgency measures intends to study within : Such urgency measure shall (a) Without following the procedures otherwise required prior to the adop- vote of the legislative body tion of a zoning ordinance, the legislative body, to protect the public safety, interim ordinance shall be _ and effect 90 days from tl health and welfare, may adopt as an urgency measure an interim ordinance thereof; provided, howeve: prohibiting any uses which may be in conflict with a contemplated general Pursuant to Section 65856 78 25.82.060 Action by the city council. The city council shall hold at least one public hearing on the proposal within forty days after receipt of the report of the planning commission. The hearing shall be set and notice given as prescribed in Section 25.86.010. Within twenty-one days following the closing of the public hearing, the council shall make a specific finding as to whether the change is consistent with the objectives of this title. If the council finds that the change is consistent, it shall introduce an ordinance amending the zoning ordinance text. If the council shall find that the proposal is not consistent, it shall deny the application or reject the proposal pursuant to a resolution of denial. The council shall not FM06 papprove a modification of a decision of the planning commission recommending adoption of the text amendment until it has requested and considered a report of the eemrMissiam he commission on the modification, unless the modification had been considered by the planning commission during its public hearing on the matter. Failure of the commission to report within forty days after receipt of the council request shall be deemed concurrence. Denial of an application shall not require referral back to the planning commission. (Ord. 99 § 1 (part),1976:Exhibit A § 25.39-7.06) 25.84.080 Action by the city council. The city council shall hold at least one public hearing on an application within forty days after the receipt of the resolution or report by the commission; provided, that no hearing shall be held on an application which has been denied by the commission unless an appeal is filed. The hearing shall be set and notice given as prescribed in Section 25.86.010. Within twenty-one days following the close of a public hearing, the council shall make a specific finding as to whether the change is consistent with the objectives of this title. If the council finds that the change is not consistent, it shall deny the application pursuant to"a resolution of denial. The council shall not Modify approve a modification of a decision of the planning commission recommending granting of an application until it has requested and considered a report of the commission on the modification. Failure of the commission to report within forty days after receipt of the council request shall be deemed concurrence. Denial of an application shall not require referral back to the planning commission. (Ord.99 § 1 (part),1975:Exhibit A § 25.39-8.08) 25.82.010 Chapter 25.82 adopted general plan, and shall recommend that the , proposal be adopted, adopted in modified form, or AMENDMENTS—ZONING ORDINANCE rejected. (Ord.99§ 1 (part), 1975:Exhibit A§2539- 7.05) Sections: 25.82.060 Action by the city council. 25.82.010 Purpose. The city council shall hold at least one public hearing 25.82.020 Initiation. on the proposal within forty days after receipt of the 25.92.030 Public hearing. report of the planning commission. The hearing shall i 0 Investigation and report be set and notice given as prescribed in Section 25,82.04 Action by the planning commission. 25.86.010. Within twenty-one days following the clos- 25.82.0 0 ing of the public hearing, the council shall make a 25.92.060 Action by the city council. specific finding as to whether the change is consistent 25.82.070 New proposal following denial. with the objectives of this title.If the council finds that the change is consistent,it shall introduce an ordinance 25.82.010 Purpose. amending the zoning ordinance text.If the council shall The text of this title may be amended by changing find that the proposal is not consistent,it shall deny the the district regulations or any other provision of this application or reject the proposal.The council shall not titre in accord with the procedure described in this modify a decision of the planning commission recom- chapter. (Ord. 99 § I (part), 1975: Exhibit A § 25.39- mending adoption of the text amendment until it has 7.01) requested and considered a report of the commission on the modification,unless the modification had been j25.82.020 Initiation. considered by the planning commission during its pub- The planning commission may initiate proceeding lic hearing on the matter.Failure of the commission to by motion and theft hold public hearings and make a report within forty days after receipt of the council recommendation as provided in this chapter. request shall be deemed concurrence. (Ord. 99 § 1 The city council may initiate proceedings by motion (part),1975:Exhibit A§25.39-7.06) and then submit the matter to the planning commission 25.82.070 New proposal following denial. for public hearings.(Ord.99§1(part),1975:Exhibit Following the denial for an amendment to the zon- §2539-7.02) ing ordinance text, a request for the same or substan- tially the same change shall not be filed within one year 25.82.030 Public hearing. of the date of denial.(Ord.99§ 1 (part), 1975:Exhibit The planning commission shall hold at least one A§25.39-7.07) public hearing on each proposal for text amendment. The hearing shall be set and notice given as prescribed in Section 25.86.010. (Ord.99§ 1 (part), 1975:Exhibit A§25.39-7.03) 25.82.040 Investigation and repots The planning division shall make a review of the proposal and shall prepare a report thereonwhichshall be submitted to the planning commission prior to the public hearing. (Ord.99 § I (part), 1975: Exhibit A § 25.39-7.04) 25.82.050 Action by the planning commission. Within twenty-one days following the closing of the public hearing,the planning commission shall make a _ specific finding as to whether the text amendment is iconsistent with the objectives of this title and the S 473 1 25.84.010 r Chapter 25.94 surrounding area showing existingstreets and property lines for a distance determined by the director of envi- AMENDMENTS—ZONING MAP ronmental services to be necessary to illustrate the relationship to any impact on the surrounding area; Sections: E. A list of all owners of properties located within 25.84.010 Procedum three hundred feet of the exterior boundaries of the subject property,taken from the latest adopted tax roll 25.84.020 Initiation. J P PertY. P 25.84.030 Application--Snhmlttal of Riverside County; the list shall be keyed to a map requirements. showing the location of these properties. (Ord.99 § 1 25.84.040 Investigation and report. (part), 1975:Exhibit A§25.39-8.03) ;. 25.84.050 Public hearing 25.84.060 Action by the planning commission Investigation and report 25.84.070 Appeal to the city council. The planning division shall make an investigation of a 25.84.080 Action by the city council. the application and shall prepare a report which shall 25.84.090 New application following denial. be submitted to the commission and to the applicant 25.84.100 Change Exhibit A§25.39-8.04)of zoning map. prior to the public hearing. (Ord. 99 § 1 (part), 1975: 77 25.84.010 Procedure. �. The zoning map may be amended by changing the 251MOSO Public hearing. boundaries of anydistrict in accordwith the procedures The commission shall hold at least one public hear- described s described in this chapter. (Ord. 99 § 1 (part), 1975: ing on each application for a change in district bound- Exhibit A§2539.8.01) aries. The hearings shall be set and notice given as prescribed in Section 25.86.010. (Ord. 99 § 1 (part), a 25.84.020 Initiation. 1975!Exhibit A§2539-8.05) A change in the boundaries of any district may be initiated by the owner or the authorized agent of the 25.84.060 Action by the planning commission. r owner of the property by filing an application for a Within twenty-one days following the closing of the change in district boundaries.If the property for which public hearing, the commission shall make a specific a change of district is proposed is in more than one finding as to whether the change is consistent with the ownership, all the owners or their authorized agents objectives of this title and shall recommend that the ? shall join in the filing of the application. application be granted, granted in modified form, or A change in the boundaries of any district may denied. The denial of the request by the planning additionally be initiated by resolution of the commis- commission shall be considered final unless appealed. sion or the council.(Ord.99§I(part),1975:Exhibit A (Ord.99§ I (part), 1975:Exhibit A§25.39-8.06) $2539-8.02) 25.84.070 Appeal to the city council. 25.94.030 Application—Submittal requirements. A decision of the commission involving.a denial of A property owner desiring to propose a change in an application for a change in district boundaries may the boundaries of the district in which his property is be appealed to the council within fifteen days of the located, or his authorized agent, may file with the decision by the applicant or any other person as pre- planning division an application for a change in district scribed in Section 25.86.020.(Ord.99§ 1 (part), 1975: boundaries on a form prescribed by the planning com- Exhibit A§2539-8.07) mission and shall include the following information: 9 A. Name and address of the applicant; 25.84.080 Action by the city council. B. Statement that the applicant is the plaintiff in an The city council shall hold at least one public hearing action of eminent domain to acquire the property or on an application within forty days after receipt of the the owner or the authorized agent of the owner of the resolution or report by the commission;provided,that property for which the change in district boundaries is no hearing shall be held on an application which has proposed; been denied by the commission unless an appeal is C. Address and legal description of the property, filed. The hearing shall be set and notice given as D. An accurate scaled drawing of the site and the prescribed in Section 25.86.010. Within twenty-one 474 25.84.080 days following the close of a public hearing,the council 25.84.090 New application following denial. shall make a specific finding as to whether the change Following the denial of an application for a change is consistent with the objectives of this title. If the ' in district boundaries an application or request for the council finds that the change is consistent,it shall intro- same or substantially the same change shall not be filed duce an ordinance amending the zoning map. If the within one year of the date of denial.(Ord.99 6 1(part), council finds that the change is not consistent,it shall 1975:Exhibit A§2539-8.09) deny the application. The council shall not modify a decision of the planning commission recommending 25.84.100 Change of zoning map. granting of an application until it has requested and A change in district boundaries shall be indicated by considered a report of the commission on the modif- listing on the zoning map the number of the ordinance cation.Failure of the commission to report within forty amending the map.(Ord.99§1(part),1975:Exhibit A days after receipt of the council request shall be §2539-8.10) deemed concutrence.(Ord.99§I(part),1975:Exhibit A§2539-8.08) 475 CITY OF PALM DESERT ID :619-341-7098 OCT 01 ' 98 8 : 33 TRRNSMIT CONFIRMATION REPORT NO . 003 RECEIVER, 7607784731 TRANSMITTER CITY OF PALM DESERT DATE OCT 01 ' 98 8 :33 DURATION 00 ' 53 MODE STD PAGES 01 RESULT OK 25.84.080 Action by the city council. The city council shall hold at least one public hearing on an application within forty days after the receipt of the resolution or report by the commission; provided, that no hearing shall be held on an application which has been denied by the commission unless an appeal is filed. The hearing shall be set and notice given as prescribed in Section 25.86.010. Within twenty-one days following the close of a public hearing, the council shall make a specific finding as to whether the change is consistent with the objectives of this title. If the council finds that the change is consistent, it shall introduce an ordinance amending the zoning map. If the council finds that the change is not consistent, it shall deny the application ppursuant to_ar:resolution -of-deniai. The council shall not rred+fpapprove a modification oT a decision of the planning commission recommending granting of an application until it has requested and considered a report of the commission on the modification. Failure of the commission to report within forty days after receipt of the council request shall be deemed concurrence. Denialof'an application-shall not fequite Yeferral back to theplanning commission`t(Ord.99 § 1 (part),1975:Exhibit A § 25.39-8.08) 25.84.80 Action by the city council. The city council shall hold at least one public hearing on an application within forty days after the receipt of the resolution or report by the commission; provided, that no hearing shall be held on an application which has been denied by the commission unless an appeal is filed. The hearing shall be set and notice given as prescribed in Section 25.86.010. Within twenty-one days following the close of a public hearing, the council shall make a specific finding as to whether the change is consistent with the objectives of this title. If the council finds that the change is not consistent, it shall deny the application pursuant to a resolution of denial. The council shall not approve a modification of a decision of the planning commission recommending granting of an application until it has requested and considered a report of the commission on the modification. Failure of the commission to report within forty days after receipt of the council request shall be deemed concurrence. Denial of an application shall not require referral back to the planning commission. (Ord.99 § 1 (part),1975:Exhibit A § 25.39-8.08) 25.82.060 Action by the city council. The city council shall hold at least one public hearing on the proposal within forty days after receipt of the report of the planning commission. The hearing shall be set and notice given as prescribed in Section 25.86.010. Within twenty-one days following the closing of the public hearing, the council shall make a specific finding as to whether the change is consistent with the objectives of this title. If the council finds that the change is consistent, it shall introduce an ordinance amending the zoning ordinance text. If the council shall find that the proposal is not consistent, it shall deny the application or reject the proposal pursuant to a resolution of denial. The council shall not approve a modification of a decision of the planning commission recommending adoption of the text amendment until it has requested and considered a report of the commission on the modification, unless the modification had been considered by the planning commission during its public hearing on the matter. Failure of the commission to report within forty days after receipt of the council request shall be deemed concurrence. Denial of an application shall not require referral back to the planning commission. (Ord. 99 § 1 (part),1976:Exhibit A § 25.39-7.06) r 7p City ®f Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE(760)346.0611 •FAX(760)341-7098•http://www.palm-desert.org CITY OF PALM DESERT LEGAL NOTICE CASE NO.: ZOA 98-6 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider amendment to the Zoning Ordinance as it relates to Action by the City Council, Municipal Code Sections 25.82.060 and 25.84.080. I AP SAID public hearing will be held on Tuesday, October 20, 1998,before the Palm Desert Planning Commission 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 b accepted u to date of the hearing. Information concerningall items covered by this public hearing notice shalle p p g i for review in the Department of Community project and/or negative declaration is available tY concerning the proposed p I gP 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 Sun PHILIP DRELL, Secretary October 5, 1998 Palm Desert Planning Commission 1 Proof Of Pub.(A),8.5'r1 1',0720,1-oma,art depL 14 PROOF OF PUBLICATION This space is for County Clerk's filing Stamp (2015.5C.C.P.) RECEIVED 98 OCT 8 FM 2 41 STATE OFCALIFORNIA CITY CLERK'S OMMEIlaEn County of Riverside- OCT - 9'1998 I am adtaen of the United States an&p resident of the Cmudy aforesaid;lam over Weage of eighteen �f l!JPIC[rY OF PALM DESERT �f'sEtlt years,and and not a party to or interested in the aboveentilled matter. i am the principal clerk of a prinlaof64 DESERT SUN PUBLISHING C©MPANYa newspaper of general diculatioN Proof of Publication of printed and published in the city of Palm Springs, County of Riverside,and which newspaper has been ................................................. adjudgeda newspaper of general circulation by the Superior Cant of the County of Riverside,State of Califomk under the date ofMarch24,1988. Case ................................................. Number 191236;that the notice,of which the annexed is aprinted copy(set in type not smaller than nonpareil),has been published in each regular and emrm issue of said newspaper and not in any 0. CITY OF PALM ESERT supplement thereof on the following dates,to-wit; LEGAL�NOTICE TIC CASEINO:rZOAt98- HEREBGNENOtha p bf n ill♦.'bq slid beforirthe:Palm,IDesery',P.lanning:Com mission'[!taooss���conside+mendment tc theeZoniug O Munlcipa 'C�i elate�sHon�toiAcpt58�bIF�tlitvlCgq 0c SAID•ppi cilhe qqav lh.be.I�eltljjontlTUeda5y�OCIO be 20, 1998beforetjtheaPalm Desert PPlanning Commissio t 7�OOTpp m� he�Councl�Chamber tithe Palm Desert((C,fyfHal, :510tF.red rinp ,,,,,,,,,,,,��a DrivePalmOesert�Califomia ( Cvh,ch , eland place������aaaaaalitinterestedreppersonsfa el,nvited to ttend and jbaecfheartllWritten =omm ant 5�'ppncer I g I. items ov,ned bb this ublic ring otiC heh ••...«•«n...........u...u..« ..u........H be=acceptedPuP' tlata he he@@r10g��nln(OF. ation' concern,ngjthlpr posprorectnd/oryieTjativet tleclarationll�ls vailab evie lfe']Dep art � am in 6eyear 19 ment gCommYunityjDevelmenVlan gjhboveddressbetweeeou I 001p.m onday'ithroddg rid�ay It �OYhfgen e the_propo ,.d =irons in{dbIIrt, `ba Ima ograising nly4those isrt,ec��yyou o Omeone els ralsedtat``tne,publicifhearingtdescribedain�[h" o tice<orynl[wnttentcomespontlance}delivered o th b�;��` Planning Commissio fo ity Codnc'I t -h I ced (o dedare)Under penalty of perjury that the o, he p�b' hearing. PHILIH DIFICL 0> DgiS tfUe and conedP B ob a99 Dose nnin Commi Sion Dated at Pal mmsprings,California llu 4V:� .day 19.../. .. 01,266t 14 ............. SIGNATURE -