HomeMy WebLinkAboutOrd 1098 ZOA 05-01 Sections 25.56, 25.72, and 25.73ORDINANCE 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
K
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 Exairation of application aat)rovals on phased oroiects. In
phased developments any precise plan, conditional use permit, variance or
adjustment applicable to any remaining undeveloped phases shall expire one
year 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:
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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
forthe structure which was the subject of the use permit application, orthe 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.
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ORDI NCE NO. 1098
EXHIBIT A
That Municipal Co%city
n 25.73-019-A be amended by deleting the last sentence which
reads:
If thould findthat there has been no construction of substantial
character taken oX is such construction should lapse for more than six
months, the precise %26.491
shall be void.
That Municipal Code Sectioshall be added as follows:
"25.56.491 ExpirationNof apDlication approvals on phased aroiects. In
phased developments any p cise plan, conditional use permit, variance or
adjustment applicable to any re aining undeveloped phases shall expire two
years following the final approval y the City Building Department of the most
recent phase of the project unles an extension of time is requested by the
applicant and approved by the Plann' g Commission. Planning Commission
may approve up to a one year extens n of time per request."
That Municipal Code Section 25.72.110 be amended to read:
25.72.110 Lapse of conditional use per it. A conditional use permit shall
lapse and shall become void one year following a date on which the use permit
became effective, unless prior to the expiration one year a building permit is
issued and construction is commenced and diligen pursued toward completion
on the site which was the subject of the use permit plication, or a certificate of
occupancy is issued for the structure which was the ubject of the use permit
application, or the site is occupied if no building ermit or certificate of
occupancy is required; provided that a use permit f a ublic utility installation
may be valid for a longer period is specified by the Plan in Commission. Prior to
the expiration of the permit, the applicant may reque t twelve-month time
extension by filing with the Planning Commission.
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