HomeMy WebLinkAboutRes No 2362PLANNING COMMISSION RESOLUTION NO. 2362
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL
APPROVAL OF AN AMENDMENT TO THE ZONING ORDINANCE
ADDING CHAPTER 25.112 OF THE MUNICIPAL CODE RELATING TO
EXCEPTIONS BASED ON UNCONSTITUTIONAL TAKINGS.
CASE NO. ZOA 05-03
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 18th day of October, 2005, hold a duly noticed public hearing to a consider a request
by the CITY OF PALM DESERT for the above mentioned; and
WHEREAS, the City Attorney of the City of Palm Desert, Califomia, has
recommended that Section 25.112 of the Zoning Ordinance relating to Exceptions Based
on Unconstitutional Takings be added; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the Califomia Environmental Quality Act,
Resolution No. 05-52," 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 approval of the
Zoning Ordinance Amendment:
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.
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 Planning Commission in this case.
2. That it does herby recommend approval to the City Council of a Zoning
Ordinance text amendment as provided in the attached Exhibit "A" to add
Municipal Code Section 25.112.
PLANNING COMMISSION RESOLUTION NO. 2362
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 18th day of October, 2005, by the following vote, to wit:
AYES: CAMPBELL, JONATHAN, LOPEZ, TSCHOPP
NOES: NONE
ABSENT: FINERTY
ABSTAIN: NONE
ATTEST:
PHILIP DRELScretaszi—
Palm Desert Planning Commission
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DAVID E. TSCHOPP, Chair
PLANNING COMMISSION RESOLUTION NO. 2362
EXHIBIT 'A'
SECTION 1. Section 25.112 "Exceptions Based on Unconstitutional Takings"
be added to the Palm Desert Municipal Code as follows:
"Chapter 25.112 Exceptions Based on Unconstitutional Takings.
25.112.1 Purpose
The purpose of this Chapter is to ensure that the application of
the standards contained in Title 25 Zoning to parcels within the City do not create a
taking of private property prohibited by Federal or State Constitutions.
25.112.2 Application and Hearing
(a) Any applicant that contends that the application of the standards of Title 25
will result in a taking of property without just compensation in violation of the
Federal or State Constitutions may apply for an exception to these standards
pursuant to this Section.
(b) The applicant shall provide information that sets forth the basis upon which
the applicant believes that the exception is necessary to provide the property with
economically viable use. This information shall include each of the following:
(1) Basis for application.
A. Date of acquisition of the property;
B. Purchase price of the property; and
C. An explanation of how the exception is necessary to provide the
property with an economically viable use.
(2) Economic data.
A. Current market value of the property;
B. Dates and amounts of invested capital following acquisition of
the property;
C. Description and amount of each assessment imposed upon the
property for public improvements;
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PLANNING COMMISSION RESOLUTION NO. 2362
D. Existing activities for the property;
E. Planned activities for the property, including the timing for
development;
F. Market value claimed if the exception is denied;
G. Portion of the property retaining economic use if the exception
is not granted; and
H. Reduced profits if the exception is not granted, including the
assumptions underlying the estimates.
(3) Additional information. Such additional information as the City may
request in order to take action on the request. The applicant shall cooperate with
City requests for financial information regarding the property. Confidential business
information provided by an applicant to the city shall remain confidential consistent
with the requirements of the Public Records Act (Government Code §6250 eq
seq.)
(4) Consultants and Experts. The name, address and occupation of each
consultant and expert providing information or in any way assisting in the
preparation of the application.
In acting upon an application, the Planning Commission shall consider, among
other matters, each of the following:
(a) Present use of the property and duration of that use, including:
(1) Each general plan designation and zoning classification applied to the
property; and
(2) Each use to which the property was put.
(b) Fair market value of the property before the restriction that is the subject of
the exception application imposed;
(c) Alternate uses that are available for the property; and
(d) The fair market value of the property if the exception is denied.
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PLANNING COMMISSION RESOLUTION NO. 2362
The Planning Commission shall make its decision based on the evidence presented
to it. The decision shall be in writing with specific findings on the economic impact
of the application of the restriction for which the exception is requested."
SECTION 2. If any section, subsection, sentence, clause phrase or word of
this Ordinance is for any reason held to be invalid or unconstitutional by a decision
of any court of competent jurisdiction or preempted by state legislation, such
decision or legislation shall not affect the validity of the remaining portions of this
Ordinance. The City Council of the City of Palm Desert hereby declares that it
would have passed this Ordinance and each and every section, subsection,
sentence, clause or phrase not declared invalid or unconstitutional without regard to
any such decision or preemptive legislation.
SECTION 3. The Mayor shall sign this Ordinance and the City Clerk shall
cause the same to be published within fifteen (15) days after its passage at least
once, in a newspaper of general circulation, published and circulated in the City of
Palm Desert, California. This Ordinance of the City of Palm Desert shall be
effective thirty (30) days after the date of its passage.
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