HomeMy WebLinkAboutRes No 2344PLANNING COMMISSION RESOLUTION NO. 2344
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING
THAT CITY COUNCIL APPROVE AN AMENDMENT TO
MUNICIPAL CODE SECTIONS 25.56, 25.72 AND 25.73.
CASE NO. ZOA 05-01
WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on
the 19th day of July, 2005, hold a duly noticed public hearing to consider amendments to
the Municipal Code Sections 25.56, 25.72 and 25.73; 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. 05-52," in that the Director of Community Development has determined the
project to be 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 to justify their recommendations 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.
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".
PLANNING COMMISSION RESOLUTION NO. 2344
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 19th day of July, 2005, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, JONATHAN, TSCHOPP
NOES: NONE
ABSENT: LOPEZ
ABSTAIN: NONE
--- DAVID E. TSC1-IOPP, Chairpes
ATTEST:
STEPHEN R. SMITH, Acting Secretary
Palm Desert Planning Commission
PLANNING COMMISSION RESOLUTION NO. 2344
EXHIBIT A
That Municipal Code Section 25.73-019-A be amended by deleting the last sentence which
reads:
If the city should find that there has been no construction of substantial
character taken or is such construction should lapse for more than six
months, the precise plan shall be void.
That Municipal Code Section 25.56.491 shall be added as follows:
"25.56.491 Expiration of application approvals on phased projects. In
phased developments any precise plan, conditional use permit, variance or
adjustment applicable to any remaining undeveloped phases shall expire two
years following the final approval by the City Building Department of the most
recent phase of the project unless an extension of time is requested by the
applicant and approved by the Planning Commission. Planning Commission
may approve up to a one year extension of time per request."
That Municipal Code Section 25.72.110 be amended to read:
25.72.110 Lapse of conditional use permit. A conditional use permit shall
lapse and shall become void one year following the date on which the use permit
became effective, unless prior to the expiration of one year a building permit is
issued and construction is commenced and diligently pursued toward completion
on the site which was the subject of the use permit application, or a certificate of
occupancy is issued for the structure which was the subject of the use permit
application, or the site is occupied if no building permit or certificate of
occupancy is required; provided that a use permit for a public utility installation
may be valid for a longer period is specified by the Planning Commission. Prior to
the expiration of the permit, the applicant may request a twelve-month time
extension by filing with the Planning Commission.
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