HomeMy WebLinkAboutORD 819ORDINANCE NO. 819
AN ORDINANCE OF THE CITY OF PALM DESERT,
CALIFORNIA, AMENDING SECTION 25.72.130 OF THE
PALM DESERT MUNICIPAL CODE RELATING TO THE
SUSPENSION AND REVOCATION OF CONDITIONAL USE
PERMITS.
The City Council of the City of Palm Desert DOES ORDAIN as
follows:
Section 1. Section 25.72.130 of the Palm Desert Municipal
Code is hereby amended to read as follows:
1125.72.130 suspension and revocation.
Any conditional use permit issued pursuant to the
provisions of this title may be modified, discontinued,
suspended or revoked by the planning commission upon
receiving satisfactory evidence that the permittee, its
agent(s), employee(s) or any person connected or
associated with the permittee: (1) has failed to comply
with any applicable provision of the Palm Desert
Municipal Code, including but not limited to the city's
building, zoning and health regulations; (2) has failed
to comply with any condition imposed by the conditional
use permit; or (3) has allowed the existence of or
created a public nuisance in violation of the Palm Desert
Municipal Code. Said modification, discontinuance,
suspension or revocation shall be made only after a duly
noticed hearing before the planning commission, which
hearing shall be conducted within forty days of learning
of the violation.
Not more than thirty days or less than ten days
prior to the hearing, written notice of the time and
place of hearing shall be given to the permittee. The
notice shall specify in general terms the ground upon
which the planning commission intends to modify,
discontinue, suspend or revoke the conditional use
permit. Said notice shall be deemed complete when
delivered to the permittee by personal service, when sent
by certified mail to the permittee's last known address,
or when posted in a conspicuous place on the property for
which the conditional use permit was issued.
Notice of the hearing shall also be mailed not more
than thirty days or less than ten days prior to the
hearing to all persons whose names appear on the latest
adopted tax roll of Riverside County as owning property
within three hundred feet of the exterior boundaries of
the property subject to the hearing and all persons who
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ORDINANCE NO. 819
have filed written complaints with the city regarding the
subject property.
After giving notice and conducting the hearing, the
planning commission may modify, discontinue, suspend or
revoke the conditional use permit. As part of any such
action, the planning commission may impose such
conditions as it deems appropriate, including those
necessary to protect the best interests of the
surrounding property to the neighborhood; to eliminate,
lessen, or prevent any detrimental effect thereon, or to
assure compliance with other applicable provisions of the
law. Any such action shall be supported by written
findings, including a finding that it does not impair the
constitutional rights of any person.
The decision of the planning commission shall become
final thirty days following the date on which the
conditional use permit was suspended or revoked unless an
appeal has been filed with the city council in accordance
with Chapter 25.86 of this code."
Section 2. The City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same to be published
once in the Palm Desert Post, a newspaper of general circulation,
printed, published and circulated within the City of Palm Desert.
PASSED, APPROVED and ADOPTED this 12 day of December, 1996, by
the following vote, to wit:
AYES: BENSON, CRITES, SNYDER, SPIEGEL, KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN NONE
441a-46—x-
RICHAPOS. ELLY, ayor
City of Palm Desert, California
ATTEST:
Ale
SHEILA R. GILLIGAN, Ci y Clerk
City of Palm Desert,; alifornia
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