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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 2