HomeMy WebLinkAboutRes No 2810 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
19t" 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 19t' day of April 2022, by the
following vote, to wit:
AYES: DE LUNA, HOLT,and PRADETTO
NOES: NONE
ABSENT: GREENWOOD and GREGORY
ABSTAIN: NONE
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6i i
NANCY DE LUNA, VICE-CHAIR
ATTEST:
MARTIN ALVAREZ, SECRETARY
PALM DESERT PLANNING COMMISSION
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