HomeMy WebLinkAboutORD 1098ORDINANCE NO. 1098
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO THE ZONING ORDINANCE TEXT,
SECTIONS 25.56, 25.72 AND 25.73.
CASE NO. ZOA 05-01
WHEREAS, the City Council of the City of Palm Desert, California, did on the
25t' day of August, 2005, hold a dully noticed public hearing to consider
WHEREAS, the Planning Commission, by its Resolution No. 2344, has
recommended approval; 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
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 City Council
did find the following facts to justify their approval as described below:
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 ORDAINED by the City Council of the City of Palm
Desert, California, as follows:
That the above recitations are true and correct and constitute the findings
of the City Council in this case.
2. That the Zoning Ordinance Text Amendment as provided in the attached
Exhibit "A" is hereby approved.
3. The City Clerk of the City of Palm Desert, California, is hereby directed to
publish this ordinance in the Desert Sun, a newspaper of general
circulation, published and circulated in the City of Palm Desert, California,
and shall be in full force and effective thirty (30) days after its adoption.
ORDINANCE NO. 1098
PASSED, APPROVED and ADOPTED by the Palm Desert City Council this 8"'
day of September, 2005, by the following vote, to wit:
AYES: BENSON, FERGUSON, KELLY, SPIEGEL, and CRITES
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
CHELLE D. KLAS EN, City Clerk
City of Palm Desert, California
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BUFORD A. CRITES, Mayor
ORDINANCE NO.1098
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 proiects.
In phased developments any precise plan, conditional use permit, variance
or adjustment applicable to any remaining undeveloped phases shall
expire one year 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 my 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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