Loading...
HomeMy WebLinkAboutORD 230ORDINANCE NO. 230 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING A CERTAIN SECTION OF TITLE 28 OF THE PALM DESERT MUNICIPAL , CODE (ORDINANCE NO. 221) TO CLARIFY THE VARIANCE PROCEDURES UNDER SUCH TITLE. The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: SECTION 1: Subsection D of Section 28.12.050 of Chapter --28.12, Title 28, of the Palm Desert Municipal Code Code (Ordinance No. 221) is hereby amended as follows: D) Variances shall only be issued upon: 1. A showing of good and sufficient cause. A good and sufficient cause is hereby determined when: a) Compliance with this Title would cause the finished floor of a new structure to be elevated two (2) or more feet above the finished floor of adjacent structures, net of the grade difference in the natural grad and; b) Such condition causes increased flooding of surrounding properties. 2. A determination that failure to grant the variance would result in exceptional hardship to the applicant. 3. A determination that the granting of a variance will not result in increased floor heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victi- mization of the public, or conflict with existing local laws or ordinances. SECTION 2: Because there is an urgent need to protect the public health, safety and welfare of the citizens of the City of Palm Desert, this Ordinance is deemed to be of an emergency nature and shall take effect upon its adoption. SECTION 3: The City Clerk of the City of Palm Desert, California, is hereby directed to cause this Ordinance to be published once within fifteen (15) days of adoption in the Palm Desert Post, a newspaper published and circulated within the City Of Palm Desert, California. PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, this 25th day of September, 1980, by the fol- lowing vote, to wit: AYES: NOES: ABSENT: McPherson, Newbrander, Puluqi, Snyder & Wilson None None ABSTAIN: None ATTEST: HEILA R. LIGAN, C6FY CLERK CITY OF PALM DESERT, CALIFORNIA