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Home My WebLink AboutORD 941ORDINANCE NO. 941. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTERS 25.56, 25.64, 25.66, 25.70, 25.72, 25.84 AND 25.86 AS THEY RELATE TO THE APPEAL PROCESS. CASE NO. ZOA 00-01 WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of April, 2000, hold a duly noticed public hearing to consider an amendment to the Palm Desert Municipal Code, Chapters 25.56, 25.64, 25.66, 25.70, 25.72, 25.84 and 25.86, as they relate to the appeal process; and , WHEREAS, the Planning Commission by its Resolution No. 1978 has recommended approval; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 00-24," in that the Director of Community Development has determined that.the project is a Class 5 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify its action as described below: 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 and affected specific plans; and 3. That the Zoning Ordinance amendment would better serve the public health, safety and general welfare than the current regulations. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are -true and correct and constitute the findings of the Council in this case. 2. That ZOA 00-01 as delineated in the attached Exhibit "A" is hereby ordained. ORDINANCE NO. 941 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 27th day of Agri j , 2000, by the following vote, to wit: AYES: BENsoN, F msoN, ILLY, sPIEGEL, CRITEs NOES: NONE ABSENT: NoNE ABSTAIN: NONE BUFORD . CRITES, Mayor ATTEST: RACHE I D. K SE , Acting City Clerk City of Palm Desert, California 2 ORDINANCE NO. 941 EXHIBIT "A" Section 1 That Chapter 25.86 Public Hearings and Appeals of the Code of the City of Palm Desert, California, is hereby amended to read as follows: Chapter 25.86 PUBLIC HEARINGS AND APPEALS Sections: 25.86.010 Hearing time and notice. 25.86.020 Effective date of decision. 25.86.030 Appeals. 25.86.040 Review by City Council. 25.86.050 Request for review is not an appeal. 25.86.060 Consolidation of appeals of related decisions. 25.86.070 Hearing of request for review. 25.86.080 Action on appeal or review. 25.86.010 Hearing time and notice. A. The Director of Community Development shall set the time and place of hearings required by this title to be held by the Planning Commission and Architectural Commission. The Planning Commission or Architectural Commission may, however, change the time or place of a hearing, if necessary. The Planning Commission, however, shall hold a hearing within the time limits specified in Chapter 4.5 of the State Planning and Zoning Law (Government Code Section 659920 et seq) for a change of zone, conditional use permit, precise plan, variance or other development review application that has been filed. B. The City Clerk shall set the time and place of public hearings required by this title to be held by the City Council; provided that the Council may change the time or place of a hearing. C. Notice of a public hearing shall be given not less than ten (10) days nor more than thirty (30) days prior to the date of the hearing by publication in a newspaper of general circulation in the city, and mailing notices to all persons whose names appear on the latest adopted tax roll of Riverside County as owning property within 300 feet of the exterior boundaries of the property that is the subject of the hearing. Hearings commenced within the time prescribed in this section may be continued from time to time even though the continued hearing may extend beyond the time limits described in this chapter. 25.86.020 Effective date of decision. A decision or order of the Planning Commission, Architectural Commission or the Director of Community Development shall not become effective until the expiration of 15 days after the C ORDINANCE NO. 941 date upon which a ruling of the Planning Commission, Architectural Commission or the Director of Community Development has been made. 25.86.030 . Appeals. A. The applicant or any interested party may appeal to the Planning Commission any zoning decision of the Director of Community Development. B. The applicant or any interested party may appeal to the Architectural Commission any design decision of the Director of Community Development. C. The applicant or any interested party may file an appeal to the City Council on any decision of the Architectural Commission. D. The applicant or any interested party may file an appeal to the City Council on any decision of the Planning Commission. E. The appeal from a decision of the Planning Commission, Architectural Commission or of the Director of Community Development shall be made within 15 days of the date of the decision by filing an application of appeal with the City Clerk. The appeal shall set forth the alleged inconsistency or nonconformity with procedures or criteria set forth in the chapter or standards set forth in or pursuant to this code. The filing of an appeal shall suspend any permit issued pursuant to the ruling of the Planning Commission, Architectural Commission or Director of Community Development until the appeal has been decided. F. All appeals shall be conducted in accordance with the provisions of Chapter 25.86. 25.86.040 Review by City Council. The City Council retains ultimate jurisdiction and authority to determine whether any approval, denial or other decision rendered by the Planning Commission, Director of Community Development or Architectural Commission is consistent with the goals and policies established by the City and the requirements of this title. Any member of the City Council may call up for review any approval, denial or other decision made pursuant to this title by delivery to the Director of Community Development a request for review within 15 days of the date of the decision, which will identify the decision to be reviewed and may, but is not required to, specify the concerns of the City Councilperson with respect to the decision. 25.86.050 Request for review is not an appeal. The City Council request for review shall not constitute an appeal. A request for review is an indication only that a Councilperson considers the decision important enough to warrant review by the City Council to ensure the decision is consistent with the goals and policies established by the City and the requirements of this title. The Councilperson request for review need not take a position in favor or against the decision, and a request for review shall not be construed to be an indication of approval or disapproval of the decision. The filing of a request for review shall suspend any permit issued pursuant to the ruling of the Planning Commission, Architectural Commission or Director of Community Development until the request for review has been decided. W n V.� ORDINANCE NO. 941 25.86.060 Consolidation of appeals or related decisions. When any application for a development project pursuant to this title requires more than one decision by different commissions or City officials, each of which decision is subject to appeal and/or review by the City Council, Planning Commission or Architectural Commission, the time for appeal or request for review of each of the decisions shall be tolled (suspended) until 15 days after the final decision necessary for the development project, in order that all appeals and reviews can be consolidated and considered at the same time by the City Council. 25.86.070 Hearing of request for review. A request for review shall be processed and heard by the City Council in the same manner and time frame as an appeal under this chapter. If a decision that is called up for review is also appealed, the appeal and review shall be consolidated and heard concurrently. 25.86.080 Action on appeal or review. The City Council, Planning Commission or Architectural Commission shall hear an appeal and/or request for review within 40 days of the appeal or request for review, unless tolled pursuant to Section 25.86.060. The hearing shall be a public hearing if the decision appealed or to be reviewed was the subject of a public hearing. The hearing shall be set by notice as prescribed in Section 25.86.010. The City Council, Planning Commission or Architectural Commission may affirm, reverse or modify a decision which has been appealed. A decision of the City Council shall be final Section 2 That Sections 25.56.070, 25.64.060, 25.66.100, 25.70.110, 25.70.120, 25.72.090, 25.72.100, 25.74.050, 25.78.080 and 25.84.070 of the Code of the City of Palm Desert, California, are hereby repealed. 5