HomeMy WebLinkAboutRes No 1119PLANNING COMMISSION RESOLUTION NO. 1119
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA RECOMMENDING i0
THE CITY COUNCIL APPROVAL OF A ZONING ORDINANCE
AMENDMENT RELATING TO LEGAL NONCONFORMING
RESIDENTIAL USES.
CASE NO: ZOA 86-2
WHEREAS, the Planning Commission of the City of Palm Desert, California
did on the 18t.h day of February, 1986 hold a duly noticed public hearing to
consider amendment to zoning ordinance Chapter 25.76 providing a mechanism for
legal nonconforming residential uses to achieve conforming status.
WHEREAS, said amendment has complied with the requirements of the "City
of Palm Desert Procedures to implement the California Environmental Quality
Act. Resolution No. 80-89", in that the director of community development has
determined the amendment to be a class 5 categorical exemption.
WHEREAS, at said public hearing, upon hearing and considering all testi-
mony and arguments. if any, of all persons desiring to be heard, said planning
commission did find the following facts and reasons to exist to recommend
approval of a zoning ordinance text amendment:
1. The amendment furthers the public health, safety and general welfare
by encouraging improvements and rehabilitation of older nonconforming
residential structures.
2. The amendment is consistent with the goals and objectives of the
general plan and implements a recommendation of the Palma Village
Specific Plan.
NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, as follows:
I. That the above recitations are true and correct and constitute the
considerations of the commission in this case.
2. That it does hereby recommend approval of ZOA 86-2 as provided in
the attached exhibits, labeled Exhibit "A".
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 4th day of March, 1986 by the following
vote, to wit:
AYES: DOWNS, ERWOOD, WOOD 8 CRITES
NOES: RICHARDS
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RAMON A. DIAZ, Sec..'
/---- , &' ( i-
BUF CRITES, Chairman
PLANNING COMMISSION RESOLUTION NO. 1119
EXHIBIT "A"
Add Section 25.76.075
25.76.075 Conformance Process for Legal Nonconforming Residential Uses in
Residential zones. Legal nonconforming residential uses in R-1, R-2 and
R-3 zones may apply for legal conforming status if they are brought into
substantial compliance with present design quality standards. The
architectural commission shall receive and review applications for
conforming status. As part of their review the architectural commission
may require significant upgrading and rehabilitation of the existing
facility consistent with the constraints of the original site plan.
Reduction in the project dwelling unit total will only be considered if it
is required to protect public health and safety. If a rehabilitation plan
is approved by the architectural commission, required work must occur
within one year. Once the plan has been satisfactorily completed, a
certificate of conforming status would be issued. Certificates of
conformance would include a requirement that the project be maintained
substantially in the condition specified by the rehabilitation plan in
perpetuity. Failure to maintain the property could result in revocation
of conforming status. Decisions of the architectural commission may be
appealed to the city council.