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HomeMy WebLinkAboutOrd 1098 ZOA 05-01 Expiration of Application Approvals on Phased ProjectsOrdinance No. 1098 REQUEST: SUBMITTED BY: APPLICANT: CASE NO: DATE: CONTENTS: CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT Approval of an amendment to the Municipal Code as it relates to expiration of application approvals on phased projects. Steve Smith, Planning Manager City of Palm Desert ZOA 05-01 August 25, 2005 Staff Recommendation Background and Discussion Draft Ordinance No. 1098 Planning Commission Minutes of July 19, 2005 Planning Commission Resolution No. 2344 Planning Commission Staff Report dated July 19, 2005 Staff Recommendation: Waive further reading and pass Ordinance No. 1098 to second reading approving Case No. ZOA 05-01. Background: June 7, 2005 Planning Commission directed staff to process a code amendment to clarify how time extensions should be handled on phased projects and to insert an omitted line of text into Municipal Code Section 25.72.110. A public hearing was held by Planning Commission July 19, 2005. No one spoke in favor or opposition to the amendment. Commission on a 4-0 vote (Commissioner Lopez absent) adopted its Resolution No. 2344 recommending to the City Council approval of the amendment. Ordinance No. 1098 Staff Report Case No. ZOA 05-01 Page 2 August 25, 2005 HISTORY OF RELATED CODE AMENDMENTS: In April 1981 the City amended the Municipal Code as it related to time extensions for conditional use permits, variances and adjustments deleting the requirement for new public hearings at time of extension consideration. In 1982 the City enacted the "precise plan" section of the Municipal Code which includes its own separate provisions relating to expiration of approvals. In 1982 the City also enacted a "catch all" code section (Municipal Code Section 25.56.490) which had the effect of joining together all applications submitted for an individual property for the purposes of determining expiration dates. This was necessary because the Municipal Code provides different periods of time before a decision expires for different applications (i.e., tentative maps - two years; conditional use permits, precise plans, variances and adjustments - one year). Municipal Code Section 25.56.490 reads: Notwithstanding any other provisions of this code related thereto, the anniversary date of any application approvals shall be tied to the effective approval date of the tentative tract map as processed for that property. When there is no tentative tract map application involved with a particular property, the anniversary date for determining the expiration of any application approvals shall be tied to the effective approval date of the most recently approved application. When there is only an individual application relating to a particular property, then the expiration date of the application shall be as set forth in the code relating to that application. (Ord. 304 (part), 1982) These amendments have generally worked well. Unfortunately, each of these sections, except for the precise plan, are vague with respect to how time extensions should be processed for phased projects. When phase one has been completed, how long should an applicant have between phases without obtaining a time extension? Forever? Two years? One year? Ordinance No. 1098 Staff Report Case No. ZOA 05-01 Page 3 August 25, 2005 Also, it was noted that in Section 25.72.110 the language in the code inadvertently omits a line of text from that originally recommended by the Planning Commission April 15, 1981. Discussion: This proposed amendment will not alter the current initial time limits. Tentative maps, pursuant to state law, will continue to have an initial two-year approval window. Any conditional use permit, precise plan, variance or adjustment application which is associated with a tentative map will, by virtue of Municipal Code Section 25.56.490, also continue to have an initial two-year approval. Conditional use permits, precise plans, variances and adjustments not associated with a tentative map will continue to have an initial one-year approval. The proposed amendment will address expiration of application approvals in phased projects because, except for in the precise plan section, the Municipal Code is silent with respect to phased projects where the first part is built and construction on the overall project halts for a period of time. The precise plan code (Section 25.73.019-A) currently voids a precise plan if construction lapses for more than six months. Staff proposes to establish a two-year maximum period between phases, otherwise, a time extension granted by the Planning Commission would be required. The rational for the two-year period is that at this point the developer has a significant stake in the project. He has acquired the property and has completed at least a part of the project. Time extensions would generally be expected to be granted unless the zoning of the site was changed. Two years from the date of the final Building Department approval of the previous phase seems to provide a reasonable protection for the property owner and for the City. Ordinance No. 1098 Staff Report Case No. ZOA 05-01 Page 4 August 25, 2005 CONCLUSION: Staff proposes the following amendments: A. Amend Municipal Code Section 25.73.019-A to delete the last sentence which reads, "If the city should find that there has been no construction of substantial character taken or if such construction should lapse for more than six months, the precise plan shall be void." B. Add Municipal Code Section 25.56.491 to read: "25.56.491 Expiration of application approvals on phased Droiects. In phased developments any precise plan, conditional use permit, variance or adjustment applicable to any remaining undeveloped phases shall expire two years following the final approval by the City Building Department of the most recent phase of the project unless an extension of time is requested by the applicant and approved by the Planning Commission. Planning Commission may approve up to a one year extension of time per request." C. That Municipal Code Section 25.72.110 be amended to read: 25.72.110 Laose of conditional use permit. A conditional use permit shall lapse and shall become void one year following the date on which the use permit became effective, unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application, or a certificate of occupancy is issued for the structure which was the subject of the use permit application, or the site is occupied if no building permit or certificate of occupancy is required; provided that a use permit for a public utility installation may be valid for a longer period is specified by the Planning Commission. Prior to the expiration of the permit, the applicant may request a twelve-month time extension by filing with the Planning Commission. Ordinance No. 1098 Staff Report Case No. ZOA 05-01 Page 5 August 25, 2005 CEQA REVIEW: The proposed code amendment is a Class 5 Categorical Exemption for purposes of CEQA. No further environmental review is necessary. Submitted by: D - Ste`vQ Smith Planning Manager Approval - Ho er Cro ACM for elopment Services Department Head: Phil Drell ` Director of Community Development Approval: ,4&� Carlos L. Orteog City Manager ( WOdocsmm\sr\zoa05-01.cc) ORDINANCE NO. ' 098 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT, SECTIONS 25.56, 25.72 AND 25.73. CASE NO. ZOA 05-01 WHEREAS, the City Council of the City of Palm Desert, California, did on the 25th day of August, 2005, hold a duly noticed public hearing to consider WHEREAS, the Planning Commission, by its Resolution No. 2344, 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. 05-52," in that the Director of Community Development has determined the project to be 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 to justify their approval 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. 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 City Council in this case. 2. That the Zoning Ordinance Text Amendment as provided in the attached Exhibit "A" is hereby approved. 3. That the City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, ORDINANCE NO. 1098 California, and shall be in full force and effective thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this day of , 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California 2 BUFORD A. CRITES, Mayor ORDINANCE NO. 1098 EXHIBIT A That Municipal Code Section 25.73-019-A be amended by deleting the last sentence which reads: If the city should find that there has been no construction of substantial character taken or is such construction should lapse for more than six months, the precise plan shall be void. That Municipal Code Section 25.56.491 shall be added as follows: "25.56.491 Expiration of application aonrovals on phased orojects. In phased developments any precise plan, conditional use permit, variance or adjustment applicable to any remaining undeveloped phases shall expire two years following the final approval by the City Building Department of the most recent phase of the project unless an extension of time is requested by the applicant and approved by the Planning Commission. Planning Commission may approve up to a one year extension of time per request." That Municipal Code Section 25.72.110 be amended to read: 25.72.110 Lapse of conditional use permit. A conditional use permit shall lapse and shall become void one year following the date on which the use permit became effective, unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application, or a certificate of occupancy is issued for the structure which was the subject of the use permit application, or the site is occupied if no building permit or certificate of occupancy is required; provided that a use permit for a public utility installation may be valid for a longer period is specified by the Planning Commission. Prior to the expiration of the permit, the applicant may request a twelve-month time extension by filing with the Planning Commission. 3 C11V Of PRIM 01HPI 7j-5l0 FRED WARING DRIVE PAIM DESERT, CALIFORNIA 92260 2578 reu 760 346-o61 I FAX: 760 14t- 7098 ,Moo, palm-d..en ..g CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 05-01 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider an amendment to the Municipal Code as it relates to expiration of application approvals for phased projects. SAID public hearing will be held on Thursday, August 25, 2005, at 4:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. PUBLISH: Desert Sun RACHELLE D. KLASSEN, City Clerk August 12, 2005 City of Palm Desert, California PLANNING COMMISSION RESOLUTION NO. 23" A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING THAT CITY COUNCIL APPROVE AN AMENDMENT TO MUNICIPAL CODE SECTIONS 25.56, 25.72 AND 25.73. CASE NO. ZOA 05-01 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of July, 2005, hold a duly noticed public hearing to consider amendments to the Municipal Code Sections 25.56, 25.72 and 25.73; 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. 05-52," in that the Director of Community Development has determined the project to be 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 Planning Commission did find the following facts to justify their recommendations as described below: 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 Planning Commission of the City of Palm Desert, California, as follows: That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That the Planning Commission does hereby recommend to the City Council approval of a Zoning Ordinance Text Amendment as provided in the attached Exhibit "A". PLANNING COMMISSION RESOLUTION NO.23" PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of July, 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: CAMPBELL, FINERTY, JONATHAN, TSCHOPP NONE LOPEZ NONE DAVID E. TSC�iOPP STEPHEN R. SMITH, Acting Secretary Palm Desert Planning Commission PLANNING COMMISSION RESOLUTION NO.2344 EXHIBIT A That Municipal Code Section 25.73-019-A be amended by deleting the last sentence which reads: If the city should find that there has been no construction of substantial character taken or is such construction should lapse for more than six months, the precise plan shall be void. That Municipal Code Section 25.56.491 shall be added as follows: 1125.56.491 Exoiration of aaDlication acurovals on chased uroiects. In phased developments any precise plan, conditional use permit, variance or adjustment applicable to any remaining undeveloped phases shall expire two years following the final approval by the City Building Department of the most recent phase of the project unless an extension of time is requested by the applicant and approved by the Planning Commission. Planning Commission may approve up to a one year extension of time per request." That Municipal Code Section 25.72.110 be amended to read: 25.72.110 Lapse of conditional use permit. A conditional use permit shall lapse and shall become void one year following the date on which the use permit became effective, unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application, or a certificate of occupancy is issued for the structure which was the subject of the use permit application, or the site is occupied if no building permit or certificate of occupancy is required; provided that a use permit for a public utility installation may be valid for a longer period is specified by the Planning Commission. Prior to the expiration of the permit, the applicant may request a twelve-month time extension by filing with the Planning Commission. H CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: July 19, 2005 CASE NO: ZOA 05-01 REQUEST: Recommendation to the City Council of an amendment to the Municipal Code as it relates to expiration of application approvals on phased projects. APPLICANT: City of Palm Desert I. BACKGROUND: June 7, 2005 Planning Commission directed staff to process a code amendment to clarify how time extensions should be handled on phased projects and to insert an omitted line of text into Municipal Code Section 25.72.110. II. HISTORY OF RELATED CODE AMENDMENTS: In April 1981 the City amended the Municipal Code as it related to time extensions for conditional use permits, variances and adjustments deleting the requirement for new public hearings at time of extension consideration. In 1982 the City enacted the "precise plan" section of the Municipal Code which includes its own separate provisions relating to expiration of approvals. In 1982 the City also enacted a "catch all" code section (Municipal Code Section 25.56.490) which had the effect of joining together all applications submitted for an individual property for the purposes of determining expiration dates. This was necessary because the Municipal Code provides different periods of time before a decision expires for different applications (i.e., tentative maps - two years; conditional use permits, precise plans, variances and adjustments - one year). Municipal Code Section 25.56.490 reads: Notwithstanding any other provisions of this code related thereto, the anniversary date of any application approvals shall be tied to the effective approval date of the tentative tract map as processed for that property. When there is no tentative tract map application involved with a particular STAFF REPORT CASE NO. ZOA 05-01 JULY 19, 2005 property, the anniversary date for determining the expiration of any application approvals shall be tied to the effective approval date of the most recently approved application. When there is only an individual application relating to a particular property, then the expiration date of the application shall be as set forth in the code relating to that application. (Ord. 304 (part), 1982) These amendments have generally worked well. Unfortunately, each of these sections, except for the precise plan, are vague with respect to how time extensions should be processed for phased projects. When phase one has been completed, how long should an applicant have between phases without obtaining a time extension? Forever? Two years? One year? Also, it was noted that in Section 25.72.110 the language in the code inadvertently omits a line of text from that originally recommended by the Planning Commission April 15, 1981. III. DISCUSSION: This proposed amendment will not alter the current initial time limits. Tentative maps, pursuant to state law, will continue to have an initial two-year approval window. Any conditional use permit, precise plan, variance or adjustment application which is associated with a tentative map will, by virtue of Municipal Code Section 25.56.490, also continue to have an initial two-year approval. Conditional use permits, precise plans, variances and adjustments not associated with a tentative map will continue to have an initial one-year approval. The proposed amendment will address expiration of application approvals in phased projects because, except for in the precise plan section, the Municipal Code is silent with respect to phased projects where the first part is built and construction on the overall project halts for a period of time. The precise plan code (Section 25.73.019-A) currently voids a precise plan if construction lapses for more than six months. Staff proposes to establish a two-year maximum period between phases, otherwise, a time extension granted by the Planning Commission would be required. 2 STAFF REPORT CASE NO. ZOA 05-01 JULY 19, 2005 The rational for the two-year period is that at this point the developer has a significant stake in the project. He has acquired the property and has completed at least a part of the project. Time extensions would generally be expected to be granted unless the zoning of the site was changed. Two years from the date of the final Building Department approval of the previous phase seems to provide a reasonable protection for the property owner and for the City. IV. CONCLUSION: Staff proposes the following amendments: A. Amend Municipal Code Section 25.73.019-A to delete the last sentence which reads, "If the city should find that there has been no construction of substantial character taken or if such construction should lapse for more than six months, the precise plan shall be void." B. Add Municipal Code Section 25.56.491 to read: 1125.56.491 Expiration of auulication at)orovals on chased prQoects. In phased developments any precise plan, conditional use permit, variance or adjustment applicable to any remaining undeveloped phases shall expire two years following the final approval by the City Building Department of the most recent phase of the project unless an extension of time is requested by the applicant and approved by the Planning Commission. Planning Commission may approve up to a one year extension of time per request." C. That Municipal Code Section 25.72.110 be amended to read: 25.72.110 Lase of conditional use Dermit. A conditional use permit shall lapse and shall become void one year following the date on which the use permit became effective, unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application, or a certificate of occupancy is issued for the structure which was the subject of the use permit application, or the site is occupied if no building permit or certificate of occupancy is required; provided that a use 3 STAFF REPORT CASE NO. ZOA 05-01 JULY 19, 2005 permit for a public utility installation may be valid for a longer period is specified by the Planning Commission. Prior to the expiration of the permit, the applicant may request a twelve-month time extension by filing with the Planning Commission. V. CEQA REVIEW: The proposed code amendment is a Class 5 Categorical Exemption for purposes of CEQA. No further environmental review is necessary. VI. RECOMMENDATION: That the Planning Commission recommend to the City Council approval of an amendment to the Municipal Code as it relates to the expiration of application approvals on phased projects by adoption of Planning Commission Resolution No. and Exhibit A attached thereto. VII. ATTACHMENTS: A. Draft resolution B. Legal notice C. Comments from city departments and other agencies D. Plans and exhibits Prepared by: Steve Smith Planning Manager Review and Concur: Homer Croy ACM for Development Services AM 4 Reviewed and Approved by: Phil Drell Directorof Community Development PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING THAT CITY COUNCIL APPROVE AN AMENDMENT TO MUNICIPAL CODE SECTIONS 25.56, 25.72 AND 25.73. CASE NO. ZOA 05-01 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of July, 2005, hold a duly noticed public hearing to consider amendments to the Municipal Code Sections 25.56, 25.72 and 25.73; 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. 05-52," in that the Director of Community Development has determined the project to be 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 Planning Commission did find the following facts to justify their recommendations as described below: 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 Planning Commission of the City of Palm Desert, California, as follows: That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That the Planning Commission does hereby recommend to the City Council approval of a Zoning Ordinance Text Amendment as provided in the attached Exhibit "A". PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 11th day of M, 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DAVID E. TSCHOPP, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission PLANNING COMMISSION RESOLUTION NO. EXHIBIT A That Municipal Code Section 25.73-019-A be amended by deleting the last sentence which reads: If the city should find that there has been no construction of substantial character taken or is such construction should lapse for more than six months, the precise plan shall be void. That Municipal Code Section 25.56.491 shall be added as follows: 1125.56.491 Expiation of aoolication aoorovals on ohased oroiects. In phased developments any precise plan, conditional use permit, variance or adjustment applicable to any remaining undeveloped phases shall expire two years following the final approval by the City Building Department of the most recent phase of the project unless an extension of time is requested by the applicant and approved by the Planning Commission. Planning Commission may approve up to a one year extension of time per request." That Municipal Code Section 25.72.110 be amended to read: 25.72.110 Lagse of conditional use permit. A conditional use permit shall lapse and shall become void one year following the date on which the use permit became effective, unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application, or a certificate of occupancy is issued for the structure which was the subject of the use permit application, or the site is occupied if no building permit or certificate of occupancy is required; provided that a use permit for a public utility installation may be valid for a longer period is specified by the Planning Commission. Prior to the expiration of the permit, the applicant may request a twelve-month time extension by filing with the Planning Commission. ORDINANCE NO. 260 Page Two EXHIBIT "A" CHAPTER 25.72 CONDITIONAL USES 25.72.110 Lapse of Conditional Use Permit. A conditional use permit shall lapse and shall become void one year following the date on which the use permit became effective, unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application, or a certificate of occupancy is required; provided that a use permit for a public utility install- ation may be valid for a longer period if specified by the Planning Commission. Prior to the explt ation of the permit, the applicant may request a twelve-month time extension by filing with the Planning Commission. CHAPTER 25.78 VARIANCES AND ADJUSTMENTS 25.78.110 Lapse of Variance or Adjustment. A variance or adjustment shall lapse and shall become void one year following the date on which the variance or adjustment became effective unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward comple- tion on the site which was the subject of the variance or adjustment application, or a permit is issued authorizing occupancy of the site or structure which was the subject of the variance or adjustment application, or the site is occupied if no building permit or certificate of occupancy is required. Prior to the expiration of a permit, an applicant may request a twelve-month time extension by filing with the Planning Commission. PLMMINI C"ISSIOM RESOD TION M0. _jQL page Two EXHIBIT •A• CHAPTER 2S.72 er"' •t"AL USES 25.72=I:J Lapse of conditional use permit. A conditional use Permit shall lapse and ski', becomt void one year followli tie date an which the use permit became effective, unless prior to the expiration of are year, a building permit Is issued and construction is commanc- and diligently pursued toward completion en tow site which WS the subject of the use permit application, or a certificate of occupancy is issued for the structure which ues the subject of the use permit application. or the site is ocertpied if no building permit or certificate of occupancy is required: provided. that a use permit for a public utility install- ation may be valid for a longer Period if specified by the planning cc i ssion, lrior to the expiration of the permit, the applicant may request a twelve-month tint extension by filing with the Planning Commission. CHAPTER 2S.78 VARIANCES AND AOMTNENTS 25.78.110 Lapse of variance or adjustment. A variance or adjustment shall lapse and $hail become voia one year tolhowing the date an which the variance or adjustment became effective unless prior to the expiration of one year, a buildinrgq permit is issued and construction is comm4nxed and diliW-tly pursued toward comple- tion on the site which was the subject of the variance or adjustment application, or a permit is issued authorizing occupancy of the site or structure which was the subject of the variance or.adjusbnent application, or the site is occupied if no building permit or certificate of occupy*cy is required. ►rior to the euoiration of a permit. an applicant may request I twelve-month time extension by filing with the Planning Commission. Ll 25.72.050 r r r and shall receive pertinent evidence ,,.....�.g the proposed use and proposed conditions under which it would be operated or maintained. (Ord 99 § 1(pan),1975: Exhibit A § 25394.05) 25.72.060 Action of the pluming commission. The commission may grant a conditional use permit as the permit was applied for or in modified form, or the application may be denied A conditional use permit may be granted for a limited time period, or may be granted subject to such conditions as the commission may prescribe. Cendaions may include, but shall not be limited w0 payment of drainage fees; requiring special yards, open spaces, buffers, fences, and walls requiring installation, and mainte- nance of lsadscaping; requiring street dedications and improvements; regulation of points of vehicular ingress and egress; regulation of traffic circulation; regulation of signs; regulation of hours of operation and methods of operation, control of potential nuisances; prescribing stan- dards for mainanarice of burl fts and grounds, , MCI 4. Y . , - of development scheduler and development standards; and such other conditions as the commission deems necessary to insure comopatibl}ity of the use with surrounding develop- ments and uses and to preserve the public health, safety and welfare. A conditional use permit may grant variances or adjustments to the regulations prescribed by this title for which variance and adjustment procedures are pumbed by Chapter 25.78. (Ord. 99 § 1 (part), 1975: Exhibit A § 2539-4.06) 25.72.070 Findings. The planning commission shall make the following findings before granting a conditional use permit: A. That the proposed location of the conditional use is in aooad with the objectives of this title and the purpose of the district in which the site is located; B. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity; C. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjasmhents; D. That the proposed conditional use complies with the goals, objectives, and policies of the city's general plan. (Ord 99 § 1 (part), 1975: Exhibit A § 2539-4.07) 25.72AM Effective date of the use permit. The decision of the plarming commission shall be final within fifteen days from the date of the decision unless an appeal has been filed with the city council. (Ord. 99 § 1 (part), 1975: Exhibit A § 2539-4.08) 25.72.110 Lapse of conditional use permit. A conditional use permit shall lapse and shall become void erne year following the date on which the use permit became effective, unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application, or a certificate of occupancy is required; provided, that a use permit for a public utility installation may be valid for a longer period if specified by the planning commission. Prior to the expiration of the permit, the applicant may request a twelve month time extension by filing with the planning commis- sion. (Ord. 260 (part), 1981: Ord. 99 § 1 (part), 1975: Exhibit A § 2539-4.11) 25.72.120 Modification of conditional use. Sections 25.74.020 through 25.74.060 of this title shall apply to an application for modifc aeon, expansion, or other change in a conditional use; provided, that minor revisions or modifications may be approved by the director of envi- ronmental services if he determines that the changes would not affect the findings prescribed in Section 25.72.070 and the application for revision or modification is filed within one year from the date the original conditional use permit becomes final, does not change the use designated in the original conditional use permit, does not hxxease, reduce, or alter the size or shape of the premises to which the original conditional use permit pertained, and does not extend the time in which the actual establishment of the 6, 1.. ,a use permit Of the .. .. of Constructim under the conditional use permit shall take place. (Ord. 99 11 (part), 1975: Exhibit A § 2539-4.12) 457 (Palm Dawn 10-00) 2S33.019 tailure to utilize a precise plan. Page 1 of 1 Palm Desert California Municipal Code ^ Up « Previous >> Next - Main TOC ? Search 25.73.019 Failure to utilize a precise plan. A. Failure to utilize a precise plan within one year of its effective date (unless extended by action of the planning commission) will automatically void such precise plan. In the event construction work is involved, such work must actually commence within the stated period and be diligently pursued. If the city should find that there has been no construction of substantial character taken or if such construction should lapse for more than six months, the precise plan shall be void. B. Extension of time up to a maximum one year may be granted from the date of expiration of the precise plan by the planning commission when extenuating circumstances can be clearly shown by the applicant. The request for same shall be submitted to the planning commission in writing prior to the expiration date and shall clearly state the reasons why construction has not commenced. C. The commission may grant additional time extensions up to a maximum of one year providing that there has not been adopted any changes to zoning regulations that would impact said precise plan. (Ord. 299 (part), 1982) http://www.codemanage.com/palmdesert/index.php?topic=25-25_73-25_73_019 6/21 /2005 25.56.390 25.56.390 Automobile service station -- Lighting. All lighting fixtures shall be located so as to shield di- rect rays from adjoining properties. Luminaries shall be of a low level, indirect diffused type and shall not exceed the height of the building. (Ord. 98 § 1(pan),1975: Exhibit A § 2532-9.01(7)) 25.S6.400 Automobile service stations --Service bays. Service bay entrances shall not front upon a public street. (Ord. 98 § 1 (partj 1975: Exhibit A § 2532-9.01(8)) 25.56.410 Automobile service stations --Wall. A six foot masonry wall shall be required along all into- rior property lines and a three -foot -high wall along the street. (Ord. 98 § 1 (part), 1975: Exhibit A § 2532-9.01(9)) 2S.SC420 'like -out restaurants. The site shall be of sufficient size and configuration to satisfy all requirements for off-street parking, setbacks, curb cuts, walls, landscaping and refuse storage as pro- vided in this title. (Ord. 98 § 1 (part), 1975: Exhibit A § 2532-9.02(1)) 25.SC430 Take -oat restanrants--�etbachs. The planning commission may establish setbacks more restrictive than those required by the regulations for the district in which the proposed use would be located if it determines they are necessary or desirable for the protec- tion of the public health, safety and welfare or to insure compatibility with uses on contiguous properties. (Ord 98 § 1(part),1975: Exhibit A § 25.32-9.02(2)) 25.56.440 Takeeat restaurants —Curb cuts. The size and location of curb cuts for driveways shall be dt.-_*...J by standards development by the depart- ment of environmental services. (Ord. 98 § 1(part),1975: Exhibit A § 25.32-9.02(3)) 2S.56.450 Take-out restaurants-4.andsceping. Not less than twenty percent of the total site area shall be devoted to landscaped .planting areas. (Ord 98 § 1 (part), 1975: Exhibit A § 25.32-9.02(4)) 25.56.470 Lighting standards in all zones. Every development .,.,...wring in any zone in the city shall be critically reviewed relative to mitigating any nega- tive impacts from lighting proposed as a part of develop- merit. The use of lighted tennis coins and the use of lights in commercial developments will be particularly reviewed. (Ord 98 § 1(iwt� 1975: Exhibit A § 2532-9.03) IS.56.490 Trash bandliag altersiative. An alternative to a trash enclosure shall include the placement of a trash bin in a concrete or metal lined pit. Use, location and design of the trash handling facility shall be reviewed and approved by the local disposal service and the city. (Ord. 283, 1982) 25.36.490 Fjq*utba dates of application approvals. Notwithstanding my other provisions of this code re- lated thereto, the anniversary date of any application ap- provals shall be tied to the effective approval date of the tentative tract map as processed for that property. When them is no tentative tract map application involved with a particular property, the anniversary date for determining the expiration of any application approvals shall be tied to the effective approval date of the most recently approved application. When there is only an individual application relating to a particular property, then the expiration deft of the application shall be as set forth in the code relating to that application. (Ord. 304 (part), 1982) 2S.36.500 Hotel development standards. All hotel developments shall comply with the follow- ing: A. The minimum guest room/suite size for any hotel shall be three hundred thirty square feet. Hotel projects shall have an overall average guest room/suite size of at least three hundred seventy-five square feet. B. All hotels shall provide a multi -purpose (three meal) restaurant either within the building itself; attached or adjacent to the building, together with room service for hotel guests (a continental breakfast may constitute one of the three meals); C. All hotel developments shall utilize central air conditioning systems or vertical fan coil systems, or other specifically approved systems. Window or wall installed air conditioning systems are prohibited. (Ord 872 § 2 (Ex- hibit Al 1998; Ord 459 12, 1986) 25.56.510 Conversion of abandoned public utility well sites. Abandoned public utility well sites may be approved for conversion to a private water export irrigation well site subject to approval of a conditional use permit. Use of private water export irrigation well sites shall not result in an increase in ambient noise levels measured prior to the 423 (Pdo DoW supp. No. 3. a43) CIIV 0f P 0 1 M 0 [ 5 I P I 7;-510 FRIED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 Tu: 760 346-061 1 PAX: 76o .141-7098 i mlo4pdm-drierr -S CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 05-01 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider an amendment to the Municipal Code as it relates to expiration of application approvals for phased projects. SAID public hearing will be held on Tuesday, July 19, 2005, at 6:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. PUBLISH: Desert Sun PHILIP DRELL, Secretary July 7, 2005 Palm Desert Planning Commission