Loading...
HomeMy WebLinkAboutORD 256ORDINANCE NO. 256 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT, RELATIVE TO PERMITTED TERMPORARY USES. CASE NO. ZOA 02-81 WHEREAS, the City Council of the City of Palm Desert, California, did on the 23rd day of April, 1981, hold a duly noticed Public Hearing, to consider an amendment of the Zoning Ordinance pertaining to Permitted Tempo- rary Uses. WHEREAS, the Planning Commission, by Resolution No. 693,has recom- mended approval; and, WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the Director, 6f Environmental Services has determined that the project will not have a significant adverse impact on the environment and a Negative Declaration has been -prepared; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve a Zoning Ordinance Text 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. 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 City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the considerations of the Council in this case. 2. That it does hereby approve a Zoning Ordinance Text Amendment, as provided in the attached exhibit, labeled Exhibit "A", to amend Municipal Code Section 25.64, pertaining to Permitted Temporary Uses. 3. That said Negative Declaration is hereby approved. 4. The City Clerk is directed to publish this ordinance once in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, and shall certify to the passage of adop- tion of this ordinance, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 14th day of May 19_81, by the following vote, to wit: AYES: McPherson, NOES: None ABSENT: None ABSTAIN: None TTES SHEILA'R. GI AN, City rk City of Palm Desert, Ca ornia Newbrander, Puluqi, Snyder & Wilson /pa ORDINANCE NO. 256 EXHIBIT "A" W Page Two Sections: 25.64.010 25.64.020 25.64.030 25.64.040 25.64.050 25.64.060 25.64.070 25.64.080 25.64.010 PURPOSE. CHAPTER 25.64 PERMITTED TEMPORARY USES Purpose Temporary Use Permit required Application and filing fee Uses permitted subject to temporary Decision Appeals of decision Conditions Revocation of temporary use permit use permit The purpose of this Chapter is to permit and regulate uses which by their nature are for temporary periods; and are not detrimental to the,;heaith, safety and public welfare of the community. 25.64.020 TEMPORARY USE PERMIT REQUIRED. No use mentioned in this Chapter shall be permitted, commenced or engaged in until a written permit, therefore has been obtained from the Zoning Administrator. 25.64.030 APPLICATION AND FILING FEE. Application for a temporary use permit may be made by the property owner or his authorized agent. The application shall be filed with the Zoning Administrator who shall charge and collect a filing fee for each application, as determined by resolu- tion of the City Council. Said application shall be filed at least fifteen (15) days before the date of commencement of the proposed use. 25.64.040 USES PERMITTED SUBJECT TO TEMPORARY USE PERMIT. The following uses require a temporary use permit: a) Carnivals, circuses, special private or public events, for a period of ten (10) days in any calendar year, and such activity may be permitted for up to seven (7) consecutive days at any one time. Certification of the safety of rides and all pertinent equipment for the carnivals, circuses, or similar events, shall be made by a professional engineer registered in the State of California, with such certification being given to the Building Department prior to the commencement of use of the equipment. b) Christmas Tree sales. c) Construction of buildings and storage facilities. Temporary structures or facilities for the housing of tools and equipment or containing supervisory offices in connection with major construction on major construction projects may be established and maintained during the progress of such construction on such project; provided that such temporary facilities may not be maintained for a period to exceed one year, unless a new permit has been obtained from the Zoning Administrator. d) Garage/Yard sales limited to sixty consecutive hours and two such sales in any calendar year. e) Real Estate sales office. One temporary real estate office may be located on any new subdivision in any zone, provided that such office shall be removed at the end of one year, unless a new permit has been obtained from the Zoning Administrator. Said real estate office to be erected only for use in sale of the subdivision in which it is located. ORDINANCE NO. 256 EXHIBIT "A" Page Three f) Promotional Event -Cultural. Promotional events of any educational, civic, cultural nature, may be permitted without time restrictions except as fixed in the conditions of approval. g) Such other uses as the Zoning -Administrator may consider to be within the intent and purpose of this chapter. 25.64.050 DECISION. Application for a temporary use permit shall be reviewed by the Zoning Administrator. The Zoning Administrator shall approve, conditionally approve or disapprove such application. Said permit shall be approved only if it has been found that such proposed use, under the conditions imposed, will not have a substantial adverse effect on the.use or enjoyment of property in the neighbor- hood of the proposed use or upon the public health, safety, or general welfare. No formal public hearings need be conducted nor any notice given except to the applicant in connection with the granting or denial of such a permit. 25.64.060 APPEALS OF DECISION. The applicant may appeal the decision of the Zoning Administrator to the Planning Commission within fifteen (15) days after such action or decision in which case the Planning Commission shall have the power of denying or granting such permit and setting forth any applicable conditions relating thereto. No formal public hearing need be conducted nor any notice given except to the applicant in connection with the granting or denial of such a permit. 25.64.070 CONDITIONS. The Zoning Administrator may impose any conditions necessary to assure that said temporary use permit will not adversely affect adjoining properties or the public health, safety, and general welfare. 25.64.080 REVOCATION. The Zoning Administrator may revoke a temporary use permit for violations of conditions of approval or, if it has been found that the continuance of said use is a nuisance or a danger to the public health, safety, or general welfare. Said revocation may be appealed in the manner prescribed in Section 25.64.060 of this chapter.