HomeMy WebLinkAboutORD 1104ORDINANCE NO. 1104
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ADDING CHAPTER 25.112 TO TITLE 25 OF
THE CITY OF PALM DESERT MUNICIPAL CODE REGARDING
EXCEPTIONS BASED.ON UNCONSTITUTIONAL TAKINGS
THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
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 Takinqs.
25.112.1 Purpose
The purpose of this Chapter is to ensure that the application of the
standards contained in Title 25 Zoning, including the environmental review and
mitigation process required by the California Environmental Quality Act as
implemented by Chapter 25.88(Environmental Review), 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,
including the environmental review and mitigation process required by the
California Environmental Quality Act as implemented by Chapter
25.88(Environmental Review), 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.
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ORDINANCE NO. 1104
(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;
development;
D. Existing activities for the property;
E. Planned activities for the property, including the timing for
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 et 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
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ORDINANCE NO. 1104
(d) The fair market value of the property if the exception is denied.
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.
PASSED, APPROVED and ADOPTED this 8th day of December, 2005, by the
City Council of the City of Palm Desert, California by the following vote, to wit:
AYES: BENSON, CRITES, KELLY, SPIEGEL, and FERGUSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
SS
RA HELLE ASS N, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
ERWIN, TY Al ORNEY
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