HomeMy WebLinkAboutRes No 1978PLANNING COMMISSION RESOLUTION NO. 1978
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, RECOMMENDING THAT THE
CITY COUNCIL APPROVE AN AMENDMENT TO CHAPTERS
25.56, 25.64, 25.66, 25.70, 25.72, 25.84 AND 25.86 AS
THEY RELATE TO THE APPEAL PROCESS.
CASE NO. ZOA 00-01
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 7th day of March, 2000, hold a duly noticed public hearing to consider an amendment
to the Palm Desert Municipal Code, Chapters 25.56, 25.64, 25.66, 25.70, 25.72, 25.84
and 25.86, as they relate to the appeal process; 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 that the project
is a Class 5 Categorical Exemption; 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 its recommendation as described
below:
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 affected specific plans; and
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, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the Commission in this case.
2. That the Planning Commission does hereby recommend to the City Council
approval of a Zoning Ordinance text amendment as provided in the attached
Exhibit "A" to amend Municipal Code Chapters 25.56, 25.64, 25.66, 25.70,
25.72, 25.84 and 25.86.
PLANNING COMMISSION RESOLUTION NO. 1978
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 7th day of March, 2000, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, JONATHAN, BEATY
NOES: NONE
ABSENT: LOPEZ
ABSTAIN: NONE
ATTEST:
/1)--Qt
PHILIP DRELL, ecretary
Palm Desert PI nning Commission
PAUL R. Chairper
BEATY,
p n
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PLANNING COMMISSION RESOLUTION NO. 1978
EXHIBIT "A"
Section 1
That Chapter 25.86 Public Hearings and Appeals of the Code of the City of Palm Desert,
California, is hereby amended to read as follows:
Sections:
25.86.010
25.86.020
25.86.030
25.86.040
25.86.050
25.86.060
25.86.070
25.86.080
Chapter 25.86
PUBLIC HEARINGS AND APPEALS
Hearing time and notice.
Effective date of decision.
Appeals.
Review by City Council.
Request for review is not an appeal.
Consolidation of appeals of related decisions.
Hearing of request for review.
Action on appeal or review.
25.86.010 Hearing time and notice.
A. The Director of Community Development shall set the time and place of hearings
required by this title to be held by the Planning Commission and Architectural Commission. The
Planning Commission or Architectural Commission may, however, change the time or place of
a hearing, if necessary. The Planning Commission, however, shall hold a hearing within the time
limits specified in Chapter 4.5 of the State Planning and Zoning Law (Govemment Code Section
659920 et seq) for a change of zone, conditional use permit, precise plan, variance or other
development review application that has been filed.
B. The City Clerk shall set the time and place of public hearings required by this title to
be held by the City Council; provided that the Council may change the time or place of a hearing.
C. Notice of a public hearing shall be given not less than ten (10) days nor more than
thirty (30) days prior to the date of the hearing by publication in a newspaper of general
circulation in the city, and mailing notices to all persons whose names appear on the latest
adopted tax roll of Riverside County as owning property within 300 feet of the exterior
boundaries of the property that is the subject of the hearing. Hearings commenced within the
time prescribed in this section may be continued from time to time even though the continued
hearing may extend beyond the time limits described in this chapter.
25.86.020 Effective date of decision.
A decision or order of the Planning Commission, Architectural Commission or the Director
of Community Development shall not become effective until the expiration of 15 days after the
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PLANNING COMMISSION RESOLUTION NO. 1978
date upon which a ruling of the Planning Commission, Architectural Commission or the Director
of Community Development has been made.
25.86.030 Appeals.
A. The applicant or any interested party may appeal to the Planning Commission any
zoning decision of the Director of Community Development.
B. The applicant or any interested party may appeal to the Architectural Commission any
design decision of the Director of Community Development.
C. The applicant or any interested party may file an appeal to the City Council on any
decision of the Architectural Commission.
D. The applicant or any interested party may file an appeal to the City Council on any
decision of the Planning Commission.
E. The appeal from a decision of the Planning Commission, Architectural Commission
or of the Director of Community Development shall be made within 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 filing of an appeal shall suspend any permit
issued pursuant to the ruling of the Planning Commission, Architectural Commission or Director
of Community Development until the appeal has been decided.
F. All appeals shall be conducted in accordance with the provisions of Chapter 25.86.
25.86.040 Review by City Council.
The City Council retains ultimate jurisdiction and authority to determine whether any
approval, denial or other decision rendered by the Planning Commission, Director of Community
Development or Architectural Commission is consistent with the goals and policies established
by the City and the requirements of this title. Any member of the City Council may call up for
review any approval, denial or other decision made pursuant to this title by delivery to the
Director of Community Development a request for review within 15 days of the date of the
decision, which will identify the decision to be reviewed and may, but is not required to, specify
the concerns of the City Councilperson with respect to the decision.
25.86.050 Request for review is not an appeal.
The City Council request for review shall not constitute an appeal. A request for review
is an indication only that a Councilperson considers the decision important enough to warrant
review by the City Council to ensure the decision is consistent with the goals and policies
established by the City and the requirements of this title. The Councilperson request for review
need not take a position in favor or against the decision, and a request for review shall not be
construed to be an indication of approval or disapproval of the decision. The filing of a request
for review shall suspend any permit issued pursuant to the ruling of the Planning Commission,
Architectural Commission or Director of Community Development until the request for review has
been decided.
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PLANNING COMMISSION RESOLUTION NO. 1978
25.86.060 Consolidation of appeals or related decisions.
When any application for a development project pursuant to this title requires more than
one decision by different commissions or City officials, each of which decision is subject to
appeal and/or review by the City Council, Planning Commission or Architectural Commission,
the time for appeal or request for review of each of the decisions shall be tolled (suspended) until
15 days after the final decision necessary for the development project, in order that all appeals
and reviews can be consolidated and considered at the same time by the City Council.
25.86.070 Hearing of request for review.
A request for review shall be processed and heard by the City Council in the same
manner and time frame as an appeal under this chapter. If a decision that is called up for review
is also appealed, the appeal and review shall be consolidated and heard concurrently.
25.86.080 Action on appeal or review.
The City Council, Planning Commission or Architectural Commission shall hear an appeal
and/or request for review within 40 days of the appeal or request for review, unless tolled
pursuant to Section 25.86.060. The hearing shall be a public hearing if the decision appealed
or to be reviewed was the subject of a public hearing. The hearing shall be set by notice as
prescribed in Section 25.86.010. The City Council, Planning Commission or Architectural
Commission may affirm, reverse or modify a decision which has been appealed. A decision of
the City Council shall be final.
Section 2
That Sections 25.56.070, 25.64.060, 25.66.100, 25.70.110, 25.70.120, 25.72.090,
25.72.100, 25.74.050, 25.78.080 and 25.84.070 of the Code of the City of Palm Desert,
Califomia, are hereby repealed.
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