HomeMy WebLinkAboutZOA 09-253 PC NOA and RES Unconstitutional Takings Amendment CI T Y 0 PH [ M 0 1 IN I
73-5i0 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 76o 346—o6ii
FAX: 760 341-7098
info@palm-desert.org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
Date: June 17, 2009
CITY OF PALM DESERT
Re: ZOA 09-253
The Planning Commission of the City of Palm Desert has considered the request and
taken the following action at its regular meeting of June 16, 2009:
THE PLANNING COMMISSION, BY ADOPTION OF PLANNING
COMMISSION RESOLUTION NO. 2506, RECOMMENDED TO CITY
COUNCIL APPROVAL OF CASE NO. ZOA 09-253. MOTION CARRIED 4-0
(CHAIRPERSON TANNER WAS ABSENT).
Any appeal of the above action may be made in writing to the City Clerk, City of Palm
Desert, within fifteen (15) days of the date of the decision.
Lauri Aylaian, Secretary
Palm Desert Planning Commission
AM
cc: Coachella Valley Water District
Public Works Department
Building & Safety Department
Fire Marshal
"PRINTED DM RECYCLED PAPER
A
PLANNING COMMISSION RESOLUTION NO. 2506
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL
APPROVAL OF A ZONING ORDINANCE MODIFICATION CLARIFYING
LANGUAGE IN SECTION 25.112, EXCEPTIONS BASED ON
UNCONSTITUTIONAL TAKINGS.
CASE NO. ZOA 09-253
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 16t" day of June, 2009, hold a duly noticed public hearing to consider the request
by the CITY OF PALM DESERT for approval of the above noted; 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. 06-78, the Director of Community Development has determined that the
proposed clarification of the Zoning Ordinance is not a project as defined under CEQA
and no further environmental review is necessary, 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
N Commission did find the following facts and reasons to exist to justify recommending
approval of said request to the City Council:
1. That the Planning Commission, in order to mitigate potential
environmental impacts, may want to place conditions on a project when
granting of an exception based upon unconstitutional taking; and
2. Though the power to condition any approval is inherent in the various
approval processes in the Zoning Ordinance, Chapter 25.112 of the Palm
Desert Municipal Code does not explicitly permit the Planning
Commission to place such conditions; and
3. That the proposed Zoning Ordinance Amendment will not negatively
impact the public health, safety or general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the Planning Commission in this case.
2. That the Planning Commission does hereby recommend to the City Council
approval of Case No. ZOA 09-253.
PLANNING COMMISSION RESOLUTION NO. 2506
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 16st day of June, 2009, by the following vote, to wit:
AYES: CAMPBELL, DELUNA, SCHMIDT, LIMONT
NOES: NONE
ABSENT: TANNER
ABSTAIN: NONE
M. CON OR LIMONT, Vice Chair
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
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