HomeMy WebLinkAboutRes No 2789PLANNING COMMISSION RESOLUTION NO. 2789
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING
ORDINANCE AMMENDMENT TO CREATE PALM DESERT MUNICPAL
CODE SECTION 25.28.045 SAN PABLO OVERLAY DISTRICT TO
ESTABLISH AN OVERLAY DISTRICT TO REGULATE COMMERCIAL
USES ON SAN PABLO AVENUE AND TO APPLY THE OVERLAY DISTRICT
TO ALL COMMERCIAL PROPERTIES ON SAN PABLO BETEEN HIGHWAY
111 AND MAGNESIA FALLS; AND ADOPTING A NOTICE OF EXEMPTION
IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA)
CASE NO: ZOA 20-0002
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
6th day of April 2021, hold a duly noticed public hearing to consider the request by the City of
Palm Desert for approval of the above -noted and adopted Resolution No. 2789 recommending
the City Council adopt the Zoning Ordinance Amendment ( ZOA); and
WHEREAS, the San Pablo Overlay District restricts formula -based businesses in
order to preserve the unique character of the San Pablo Corridor as an important anchor of
the City Center, and provides criteria to review exceptions to allow formula -based businesses
upon approval of a Conditional Use Permit (CUP) to ensure compatibility with existing
businesses; and
WHEREAS, the Planning Commission of the City of Palm Desert, at the said public
hearing, upon hearing and considering all the facts and any testimony given adopts the
following as its Findings in recommended approval of the ZOA to the City Council:
SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing
recitals as its findings in support of the following regulations and further finds that the following
regulations are beneficial and appropriate to protect the health, safety, and welfare of the
residents and businesses of Palm Desert within the City limits.
A. The City of Palm Desert, California ("City") is a municipal corporation, duly
organized under the constitution and laws of the State of California; and
B. The Planning and Zoning Law authorizes cities to establish by ordinance the
regulations for land use and development.
SECTION 2. Amendment. The Planning Commission of the City of Palm Desert
recommends that the City Council of the City of Palm Desert, California, approve and adopt
the Zoning Ordinance Amendment to creating the San Pablo Overlay District and applying
the overlay to parcels shown in Exhibit A, which is attached hereto and incorporated herewith.
SECTION 3. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be
unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision
PLANNING COMMISSION RESOLUTION NO. 2789
shall not affect the validity or effectiveness of the remaining portions of this ordinance or any
part thereof. The Planning Commission hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective
of the fact that one (1) or more subsections, subdivisions, paragraphs, sentences, clauses,
or phrases be declared unconstitutional, invalid, or ineffective.
SECTION 4. California Environmental Quality Act Finding. The Planning
Commission of the City of Palm Desert finds the adoption of this ordinance to be categorically
exempt from the requirements of the CEQA from environmental review.
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 for approval
of the Planning Commission in this case.
2. That the Planning Commission does hereby recommend approval to the City Council
of ZOA 20-0002.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 611 day of April 2021, by the following
vote, to wit:
AYES: DE LUNA, GREENWOOD, HOLT, and PRADETTO
NOES: NONE
ABSENT: GREGORY
ABSTAIN: NONE
(' *' *-, q - , r-, -,
JC"EENW-ZVD, CRAtRf
ATTEST:
ERIC CE A, SECRETARY
PALM DESERT PLANNING COMMISSION
PLANNING COMMISSION RESOLUTION NO. 2789
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Case No. ZOA 20-0002
PLANNING COMMISSION
RESOLUTION NO. 2789_,_.__
Date 4 6r 202'
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