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HomeMy WebLinkAboutRes No 693PLANNING COMMISSION RESOLUTION NO. 693 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO THE ZONING ORDINANCE TEXT, AMENDING CHAPTER 25.64, PERTAINING TO PERMITTED TEMPORARY USES. CASE NO. ZOA 02-81 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of March, 1981, hold a duly noticed Public Hearing to consider amendment of Municipal Code Chapter 25.64, pertaining to Permitted Temporary Uses; and, WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the Director of Environmental Services has determined that the project will not have a significant adverse impact on the environment and a Negative Declaration has been prepared; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to recommend approval of a Zoning Ordinance Text Amendment: 1. That the Zoning Ordinance is consistent with the objectives of the Zoning Ordinance. 2. That the Zoning Ordinance Amendment is consistent with the adopted General Plan. 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 Imo of Palm Desert, as follows: Mori 1. That the above recitations are true and correct and cons- titute the considerations of the Commission in this case; 2. That it does hereby recommend a Zoning Ordinance Text Amendment, as provided in the attached exhibit, labeled Exhibit "A", to amend Municipal Code Chapter 25.64, titled "Permitted Temporary Uses". 3. That said Negative Declaration is hereby recommended to the City Council for approval. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18th day of March, 1981, by the following vote, to wit: AYES: BERKEY, KRYDER, MCLACHLAN, RICHARDS, MILLER NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: —7 `RA� N A. DIAZ, Secret ry /pa ti CHARL MIL ER, Chairman PLANNING COMMISSION RESOLUTION NO. 693 Page Two EXHIBIT "A" Sections: CHAPTER 25.64 PERMITTED TEMPORARY USES 25.64.010 Purpose 25.64.020 Temporary Use Permit required 25.64.030 Application and filing fee 25.64.040 Uses permitted subject to temporary use permit 25.64.050 Decision 25.64.060 Appeals of decision 25.64.070 Conditions 25.64.080 Revocation of temporary use permit 25.64.010 PURPOSE The purpose of this Chapter is to permit and regulate uses which by their nature are for temporary periods; and are not detrimental to the health, safety and public welfare of the community. 25.64.020 TEMPORARY USE PERMIT REQUIRED. No use mentioned in this Chapter shall be permitted, commenced or engaged in until a written permit therefore has been obtained from the Zoning Administrator. 25.64.030 APPLICATION AND FILING FEE. Application for a temporary use permit may be made by the property owner or his authorized agent. The application shall be filed with the Zoning Administrator who shall charge and collect a filing fee for each application, as determined by resolu- tion of the City Council. Said application shall be filed at least fifteen (15) days before the date of commencement of the proposed use. 25.64.040 USES PERMITTED SUBJECT TO TEMPORARY USE PERMIT. The following uses require a temporary use permit: a) Carnivals, circuses, special private or public events, for a period of ten (10) days in any calendar year, and such activity may be permitted for up to seven (7) consecutive days at any one time. Certification of the safety of rides and all pertinent equipment for the carnivals, circuses, or similar events, shall be made by a professional engineer registered in the State of California, with such certification being given to the Building Department prior to the commencement of use of the equipment. b) Christmas Tree sales. c) Construction of buildings and storage facilities. Temporary structures or facilities for the housing of tools and equipment or containing supervisory offices in connection with major construction on major construction projects may be established and maintained during the progress of such construction on such project; provided that such temporary facilities may not be maintained for a period to exceed one year, unless a new permit has been obtained from the Zoning Administrator. d) Garage/Yard sales limited to sixty consecutivehours and two such sales in any calendar year. e) Real Estate sales office. One temporary realestate office may be located on any new subdivision in any zone, provided that such office shall be removed at the end of one year, unless a new permit has been obtained from the Zoning Administrator. Said real estate office to be erected only for use in sale of the subdivision in which it is located. PLANNING COMMISSION RESOLUTION NO. 693 Page Three f) Promotional Event -Cultural. Promotional events of any educational, civic, cultural nature, may be permitted without time restrictions except as fixed in the conditions of approval. g) Such other uses as the Zoning Administrator may consider to be within the intent and purpose of this chapter. 25.64.050 DECISION. Application for a temporary use permit shall be reviewed by the Zoning Administrator. The Zoning Administrator shall approve, conditionally approve or disapprove such application. Said permit shall be approved only if it has been found that such proposed use, under the conditions imposed, will not have a substantial adverse effect on the use or enjoyment of property in the neighbor- hood of the proposed use or upon the public health, safety, or general welfare No formal public hearings need be conducted nor any notice given except to the applicant in connection with the granting or denial of such a permit. 25.64.060 APPEALS OF DECISION. The applicant may appeal the decision of the Zoning Administrator to the Planning Commission within fifteen (15) days after such action or decision in which case the Planning Commission shall have the power of denying or granting such permit and setting forth any applicable conditions relating thereto. No formal public hearing need be conducted nor any notice given except to the applicant in connection with the granting or denial of such a permit. 25.64.070 CONDITIONS. The Zoning Administrator may impose any conditions necessary to assure that said temporary use permit will not adversely affect adjoining properties or the public health, safety, and general welfare. 25.64.080 REVOCATION. The Zoning Administrator may revoke a temporary use permit for violations of conditions of approval or, if it has been found that the continuance of said use is a nuisance or a danger to the public health, safety, or general welfare. Said revocation may be appealed in the manner prescribed in Section 25.64.060 of this chapter.