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HomeMy WebLinkAboutORD 460ORDINANCE NO. 460 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA APPRING A ZONING ORDINANCE AMENDMENT RELATING TO LEGAL NONCONFORMING RESIDENTIAL USES. CASE NO: ZOA 86-2 WHEREAS, the City Council of the City of Palm Desert, California did on the 10th day of April, 1986 hold a duly noticed public hearing to consider amendment to zoning ordinance Chapter 25.76 providing a mechanism for legal nonconforming residential uses to achieve conforming status. WHEREAS, said amendment 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 of community development has determined the amendment to be a class 5 categorical exemption. WHEREAS, at said public hearing, upon hearing and considering all testi- mony and arguments, if any, of all persons desiring to be heard, said city council did find the following facts and reasons to exist to recommend approval of a zoning ordinance text amendment: 1. The amendment furthers the public health, safety and general welfare by encouraging improvements and rehabilitation of older nonconforming residential structures. 2. The amendment is consistent with the goals and objectives of the general plan and implements a recommendation of the Palma Village Specific Plan. NOW, THEREFORE BE IT ORDAINED 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 ZOA 86-2 as provided in the attached exhibits, labeled Exhibit "A" is hereby approved. 3. 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 adoption of this ordinance, and the same shall be in full force and effect thirty (30) days after its adoption. ORDINANCE NO. 460 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this loth day of April, 1986 by the following vote, to wit: AYES: BENSON, SNYDER, WILSON & KELLY NOES: NONE ABSENT: JACKSON ABSTAIN: NONE ,'ATTEST :I SHEILA R. GILLIGAN, City Cler City of Palm Desert, Calif,/ is /dig r� R[CHA D KELLY, Mayor 1 ORDINANCE NO. 460 EXHIBIT "A" Add Section 25.76.075 25.76.075 Conformance Process for Legal Nonconforming Residential Uses in Residential zones. Legal nonconforming residential uses in R-1, R-2 and R-3 zones may apply for legal conforming status if they are brought into substantial compliance with present design quality standards. The architectural commission shall receive and review applications for conforming status. As part of their review the architectural commission may require significant upgrading and rehabilitation of the existing facility consistent with the constraints of the original site plan. Reduction in the project dwelling unit total will only be considered if it Is required to protect public health and safety. If a rehabilitation plan Is approved by the architectural commission, required work must occur within one year. Once the plan has been satisfactorily completed, a certificate of conforming status would be issued. Certificates of conformance would include a requirement that the project be maintained substantially in the condition specified by the rehabilitation plan in perpetuity. Failure to maintain the property could result in revocation of conforming status. Decisions of the architectural commission may be appealed to the city council.