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HomeMy WebLinkAboutZOA22-0003 Residential DistrictsCITY Of P H [ M DESERT 73-510 FREI) WARING DRIVE PALM DESERT', CALIFORNIA 9226o-2578 TEL: 760 346—o6ii infol- cityofpalmdesert.org PLANNING COMMISSION MEETING NOTICE OF ACTION April 20, 2021 City of Palm Desert 73510 Fred Waring Drive Palm Desert, California 92260 Subject: Consideration of a Recommendation to the City Council to Modify Palm Desert Municipal Code Section 25.10 - Residential Districts The Planning Commission of the City of Palm Desert considered your request and took the following action at its regular meeting of April 19, 2022: Waived further reading and adopted Planning Commission Resolution No. 2810, approving a recommendation to the City Council for Case No. ZOA22- 0003. The motion carried by a 3-0, with Commissioners Greenwood and Gregory ABSENT. Attached is a fully executed copy of Resolution No. 2810. Any appeal of the above action may be made in writing to the City Clerk, City of Palm Desert, within 15 days of the date of decision. Sinc7e�re�ly,/, 00, MARTIN ALVAREZ, SECRETARY PALM DESERT PLANNING COMMISSION cc: File Building & Safety Division Fire Marshal of PLANNING COMMISSION RESOLUTION NO. 2810 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING ORDINANCE AMENDMENT TO MODIFY PALM DESERT MUNICIPAL CODE CHAPTER 25.10 THE R-2 ZONING (MIXED RESIDENTIAL DISTRICT) AND CHAPTER 25.68 (DECISIONS BY THE ARCHITECTURAL REVIEW COMMISSION) CASE NO: ZOA22-0003 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of April 2022, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above-noted; and WHEREAS, the Zoning Ordinance Amendment (ZOA) modifies the Palm Desert Municipal Code (PDMC) Chapter 25.10 (Mixed Residential District) to update the development standards and Chapter 25.68 (Decisions by the Architectural Review Commission) relating to design review for second stories; and WHEREAS, the Planning Commission of the City of Palm Desert, in reviewing 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. Findings. The Planning Commission of the City of Palm Desert hereby finds that: 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 Palm Desert Municipal Code (PDMC) amendment to Chapter 25.10 (Mixed Residential District) and Chapter 25.68 (Decisions by the Architectural Review Commission) as 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 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. PLANNING COMMISSION RESOLUTION NO. 2810 SECTION 4. California Environmental Quality Act (CEQA). The City Council finds that the adoption of this ordinance is not a "project," as defined in the CEQA because it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and concerns general policy and procedure making. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 19' day of April 2022, by the following vote, to wit: AYES: DE LUNA, HOLT,and PRADETTO NOES: NONE ABSENT: GREENWOOD and GREGORY ABSTAIN: NONE NANCY DE LUNA, VICE-CHAIR ATTEST: MARTIN ALVAREZ, SECRETARY PALM DESERT PLANNING COMMISSION 2