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HomeMy WebLinkAboutRes No 198PLANNING COMMISSION RESOLUTION NO. 198 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A REQUEST FOR A CHANGE OF ZONE FROM 'S' (STUDY) TO PR-1 (PLANNED RESIDENTIAL, ONE UNIT PER ACRE) ON PROPERTY GENERALLY LOCATED EAST OF PORTOLA AVENUE, BETWEEN MAGNESIA FALLS DRIVE AND THE WHITEWATER RIVER STORM CHANNEL. CASE NO. C/Z 08-76 WHEREAS, the Planning Commission of the City of Palm Desert, California, did, on the 30th day of November, 1976, hold a duly noticed Public Hearing to consider a Change of Zone application, filed by the Palm Desert Planning Com- mission, from 'S' (Study) to R-E-40,000 (Residential Estate), on property generally located east of Portola Avenue, between Magnesia Falls Drive and the Whitewater River Storm Channel, and more particularly described as: APN 621-400-022 APN 621-400-023 APN 621-400-024 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 74-14", in that this is considered as an on -going phase of the Zoning Map Case No. C/Z 01-76, for which a final Environmental Impact Report was certified as complete by the City Council; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist which make the approval of the Change of Zone from 'S' to PR-1 necessary to carry out the provisions and general purpose of the Palm Desert Zoning Ordinance: 1. The PR District provides the needed level of control to ensure that future development will properly address existing design problems in the local neighborhood. 2. The PR District does provide a greater degree of design flexibility that the RE zone, which allows for innovative solutions to the problems of the local neighborhood. 3. A designation of PR-1 would limit the maximum number of dwelling units to seven (7) which would not overload existing municipal service facilities or pose a threat to the public health, safety, and general welfare. Planning Commission Resolution No. 198 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 Commission in this case; 2. That it does hereby recommend approval of the attached Ordinance, labeled Exhibit "A", to the City Council of the requested Change of Zone from 'S' (Study) to PR-1 (Planned Residential, One Unit Per Acre), for reasons set out in this Resolution. PASSED, APPROVED, and ADOPTED at a regularly scheduled meeting of the Palm Desert Planning Commission, held on the 30th day of November, 1976, by the following vote, to wit: AYES: KELLY, MILLS, READING, WILSON NOES: BERKEY ABSENT: NONE ABSTAIN: NONE ATTEST: PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION Attachment: Ordinance 0Y WILS N, CHAIRMAN / -2- ORDINANCE 152 AN ORDINANCE OF TIIE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 25.16 OF THE PALM DESERT MUNICIPAL CODE TO CHANGE THE ZONE FROM 'S' (STUDY) TO PR-1 (PLANNED RESIDENTIAL, 1 UNIT PER ACRE), ON 8 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF PORTOLA AVENUE AND MAGNESIA FALLS DRIVE. CASE NO. C/Z 08-76 The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: SECTION 1: Section 25.46 of the Palm Desert Municipal Code, the Zoning Map, is hereby amended to Change the Zone of an 8-acre parcel of land located at the northeast corner of Portola Avenue and Magnesia Falls Drive from 'S' (Study) to PR-1, as indicated on the attached Exhibit "A". SECTION 2: This Ordinance is hereby declared to be an Urgency Ordinance, effective immediately upon passage, pursuant to Section 36937 of the State Govern- ment Code because such an action is necessary to preserve the public welfare and safety because unless such an action is taken, this property would have no meaning- ful zoning designation until new hearing procedures could be conducted which would be in conflict with the City's Ordinances. SECTION 3: The City Clerk of the City of Palm Desert, California, is hereby directed to cause this Ordinance to be published within fifteen (15) days of adoption in the Palm Desert Post, a newspaper published and circulated within the City of Palm Desert, California. PASSED, APPROVED, and ADOPTED at a regularly scheduled meeting of the Palm Desert City Council, held on this l3th day of January, 1977, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: NOEL J. BRUSH, MAYOR ATTEST: SHEILA R. GILLIGAN, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA O cc CHANGE OF ZON E COMMUNITY PART W -J J c O 0 20 z J 0 0 O v = Z u J U1 RUTLEDGE /0O/2 TO!_ A /-1 V , ORDINANCE NO CASE NO. C/Z—O8-76 ADOPTED EXH I BIT A