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HomeMy WebLinkAboutRes No 1609PLANNING COMMISSION RESOLUTION NO. 1609 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL AN AMENDMENT TO SECTION 25.70.120(C) OF THE MUNICIPAL CODE TO CLARIFY THE TIME IN WHICH AN APPEAL MAY BE MADE FROM THE DECISION OF THE ARCHITECTURAL REVIEW COMMISSION. CASE NO. ZOA 93-1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of February, 1993, hold a duly noticed public hearing to consider recommending to city council an amendment to the Municipal Code; and WHEREAS, Section 25.70.120(C) provides, in part, for the time within which an appeal may be taken from the decision of the Architectural Review Commission; and WHEREAS, the city has determined that the time within which an appeal may be taken from the Architectural Review Commission should be clarified; and WHEREAS, at said public hearing, upon hearing and considering all testimony arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts to justify recommending to city council approval of the municipal code amendment: 1. That ZOA 93-1 clarifies Section 25.70.120(C) of the Palm Desert Municipal Code. 2. That ZOA 93-1 is consistent with the objectives of the city. 3. That ZOA 93-1 would better serve the public health, safety, and general welfare than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That approval of ZOA 93-1, Exhibit A, is hereby recommended to city council for approval. PLANNING COMMISSION RESOLUTION NO. 1609 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this l6th day of February, 1993, by the following vote, to wit: AYES: COX, JONATHAN, WHITLOCK, SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE ROBERT A. SPIEGEL, ATTEST: RAMON A. DIAZ, Scary Palm Desert Planni Commission /tm 2 PLANNING COMMISSION RESOLUTION NO. 1609 EXHIBIT A Chapter 25.70.120 Appeals Section 1. Section 25.70.120(C) of the Palm Desert Municipal Code shall be amended to read as follows: "(C) The appeal from a decision of the Architectural Review Commission or of the Director of Community Development shall be made within fifteen (15) days of the date of the decision by filing an Application of Appeal with the City Clerk. The appeal shall set forth the alleged inconsistency or nonconformity with procedures or criteria set forth in the Chapter or standards set forth in or pursuant to this code. The City Council or the Director of Community Development shall decide an appeal within thirty (30) days of the filing of such appeal unless an extension of time is consented to by the applicant or in the event that there is not a City Council meeting within 30 days of the appeal, the decision shall be made at the first regularly scheduled City Council meeting thereafter. The filing of an appeal shall suspend any building permit issued pursuant to the ruling of the Architectural Review Commission or Director of Community Development until the appeal has been decided." Section 2. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published once in the Palm Desert Post, a newspaper of general circulation, printed, published, and circulated within the City of Palm Desert, California, and the same shall be in full force and effect thirty (30) days after its adoption. 3