HomeMy WebLinkAboutRes No 1771PLANNING COMMISSION RESOLUTION NO. 1771
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY
COUNCIL APPROVAL OF AN AMENDMENT TO SECTION 25.72.130
OF THE PALM DESERT MUNICIPAL CODE RELATING TO THE
SUSPENSION AND REVOCATION OF CONDITIONAL USE PERMITS.
CASE NO. ZOA 96-4
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 15th day of October, 1996, hold a duly noticed
public hearing to consider an amendment to Section 25.72.130 of the Palm
Desert Municipal Code relating to the suspension and revocation of
conditional use permits; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be
heard, said planning commission did find the following facts and reasons
to exist to justify their actions:
1. The proposed amendment will assure that when the city needs to
suspend or revoke a conditional use permit that the procedure
which will be followed will be in compliance with constitutional
requirements.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute
the findings of the Planning Commission in this case.
2. That ZOA 96-4, Exhibit A, is hereby recommended to the City
Council for approval.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 15th day of October, 1996, by the
following vote, to wit:
AYES: FERGUSON, FERNANDEZ, JONATHAN, BEATY
NOES: CAMPBELL
ABSENT: NONE
ABSTAIN: NONE
PAUL R. BEATY, Ch irperson
ATTEST:
PHILIP DRELLI Secretary
Palm Desert Tanning Commission
PLANNING COMMISSION RESOLUTION NO. 1771
EXHIBIT A
Section 1. Section 25.72.130 of the Palm Desert Municipal Code is
hereby amended to read as follows:
"25.72.130 Suspension and revocation.
Any conditional use permit issued pursuant to the provisions of
this title may be modified, discontinued, suspended or revoked by the
planning commission upon receiving satisfactory evidence that the
permittee has violated any provisions of this title or has failed to
comply with the conditions imposed by the conditional use permit.
Said modification, discontinuance, suspension or revocation shall be
made only after a duly noticed hearing before the planning commission,
which hearing shall be conducted within forty days of learning of_the
violation.
Not more than thirty days or less than ten days prior to the
hearing, written notice of the time and place of hearing shall be
given to the permittee. The notice shall specify in general terms the
ground upon which the planning commission intends to modify,
discontinue, suspend or revoke the conditional use permit. Said
notice shall be deemed complete when delivered to the permittee by
personal service, when sent by certified mail to the permittee's last mai
known address, or when posted in a conspicuous place on the property
for which the conditional use permit was issued.
Notice of the hearing shall also be mailed not more than thirty
days or less than ten days prior to the hearing to all persons whose
names appear on the latest adopted tax roll of Riverside County as
owning property within three hundred feet of the exterior boundaries
of the property subject to the hearing and all persons who have filed
written complaints with the city regarding the subject property.
After giving notice and conducting the hearing, the planning
commission may modify, discontinue, suspend or revoke the conditional
use permit. As part of any such action, the planning commission may
impose such conditions as it deems appropriate, including those
necessary to protect the best interests of the surrounding property
to the neighborhood; to eliminate, lessen, or prevent any detrimental
effect thereon, or to assure compliance with other applicable
provisions of the law. Any such action shall be supported by written
findings, including a finding that it does not impair the
constitutional rights of any person.
PLANNING COMMISSION RESOLUTION NO. 1771
The decision of the planning commission shall become final
thirty days following the date on which the conditional use permit was
suspended or revoked unless an appeal has been filed with the city
council in accordance with Chapter 25.86 of this code."