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HomeMy WebLinkAboutRes No 795PLANNING COMMISSION RESOLUTION NO. 795 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO THE ZONING ORDINANCE TEXT PERTAINING TO MAXIMUM NOISE LEVELS IN THE C-1 ZONE. CASE NO. ZOA 03-82 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of April, 1982, hold a duly noticed public hearing to consider an amendment to the zoning ordinance text pertaining to maximum noise levels in the C-1 zone; and, WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the Director of Environmental Services had determined the project to be a Class 5, Categorical Exemption; 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 to recommend approval of a Zoning Ordinance Text Amendment: 1. That the Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. 2. That the Zoning Ordinance Amendment is consistent with the adopted General Plan. 3. That the Zoning Ordinance Amendment would better serve the public health, safety and general welfare, than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the considerations of the Commission in this case; 2. That it does hereby recommend a Zoning Ordinance Text Amendment, as provided in the attached exhibit, labeled Exhibit "A". PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 20th day of April, 1982, by the following vote, to wit: AYES: CRITES, MILLER, WOOD, KRYDER NOES: NONE ABSENT: RICHARDS ABSTAIN: NONE ATTEST: ON A. DIAZ, Secre ary /lr PLANNING COMMISSION RESOLUTION NO. 795 EXHIBIT "A" CASE NO. ZOA 03-82 Section 25.28.140 Special Standards E. The noise level emanating from a commercial use or operation shall not exceed five (5) dB(A), above the ambient noise level on the site. If the commercial use is adjacent or across a street or alley from a residential use or vacant residentially zoned lot and the increased ambient noise level is above 65 dB(A) CNEL at the residential lot line, the commercial operator shall provide mitigation of the noise by 5 dB(A) (if existing ambient is above 65 dB(A) CNEL) or so that ambient noise level is no higher than 65 dB(A) CNEL.