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Home My WebLink AboutORD 1409ORDINANCE NO. 1409 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION PURSUANT TO THE STATE OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING A CHANGE OF ZONE FROM DE-O TO DE FOR THE PROPERTIES LOCATED AT 73600 ALESSANDRO DRIVE (ASSESSOR’S PARCEL NUMBERS 627-153-018, AND 627-153-019) CASE NO. CZ24-0001 WHEREAS, Linda C. Biggi (“Applicant”), submitted a request to change the zoning designation of a 1.46-acre property located at 73600 Alessandro Drive generally located at the northeast corner of San Carlos Avenue and Alessandro Drive in Palm Desert, which is comprised of two parcels also known as Assessor’s Parcel Numbers 627-153-018, and 627-153-019 (“Project site”) to Downtown Edge (DE); and WHEREAS, the Project site has a land use designation of City Center/Downtown per the Palm Desert General Plan adopted on November 10, 2016, and a zoning designation of Downtown Edge Transition Overlay (DE -O); and WHEREAS, the Project site has been developed with existing improvements , which generally consist of a multi-tenant commercial building and related parking lot and landscaping; and WHEREAS, the Project site is adequately served by existing public utilities and services; and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State California Environmental Quality Act (CEQA) Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and WHEREAS, under Palm Desert Municipal Code Chapter 25.02 establishes that the City Center/Downtown General Plan land use designation can be implemented by the DE zoning designation and therefore is consistent with the 2016 Palm Desert General Plan; and WHEREAS, the proposed Change of Zone will not render the existing improvements on the site or land uses nonconforming with any applicable Palm Desert Zoning Ordinance standards; and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and th e City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and WHEREAS, the Project has complied with the requirements of the "City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019-41, in that the DocuSign Envelope ID: 705D502C-1EC8-41B3-AFDB-8CB21D7BD5DC Ordinance No. 1409 Page 2 2 Director of Development Services has determined that the Project will not have a foreseeable significant impact on the environment and that the Project is eligible for an exemption exempt Section 15061(b)(3) General Rule of the CEQA Guidelines; therefore, no further environmental review is necessary at this time; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of February 2024, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above -noted Project request and did adopt Resolution No. 2855 recommending approval to the Palm Desert City Council; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th day of March 2024, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above-noted Project request; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did find the following facts and reasons exist to justify approval of said request: WHEREAS, all other legal prerequisites to the presentation of this Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Adoption of Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Ordinance. SECTION 2. The Change of Zone is identified in “Exhibit A”. SECTION 3. General Plan Consistency. The City Council hereby finds that the proposed zone change to Downtown Edge (DE) for Assessor’s Parcel Numbers 627-153- 018 and 627-153-019 is consistent with the City of Palm Desert General Plan. SECTION 4. CEQA. The application has complied with the requirements of the “City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019 -41, in that the City Council finds that the Project is an exemption from CEQA per Section 15061(b)(3) of the CEQA guidelines as the Project is a determination on whether a use that is not listed shall be deemed a conditional use . No direct, foreseeable impact on the environment can be identified at this time. SECTION 5. Severability. If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable. DocuSign Envelope ID: 705D502C-1EC8-41B3-AFDB-8CB21D7BD5DC Ordinance No. 1409 Page 3 3 SECTION 6. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption.to the Commission shall attest and certify to the passage and adoption thereof. ADOPTED ON MARCH 28, 2024. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Ordinance No. 1398 is a full, true, and correct copy, and was introduced at a regular meeting of the City Council of the City of Palm Desert on March 14, 2024, and adopted at a regular meeting of the City Council held on March 28, 2024, by the following vote: AYES: HARNIK, KELLY, NESTANDE, TRUBEE, AND QUINTANILLA NOES: NONE ABSENT: NONE ABSTAIN: NONE RECUSED: NONE IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ______________. ANTHONY J. MEJIA CITY CLERK DocuSign Envelope ID: 705D502C-1EC8-41B3-AFDB-8CB21D7BD5DC 3/29/2024 Ordinance No. 1409 Page 4 4 DocuSign Envelope ID: 705D502C-1EC8-41B3-AFDB-8CB21D7BD5DC