HomeMy WebLinkAboutRes No 1037PLANNING COMMISSION RESOLUTION NO. 1037
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, REGARDING DEVELOPMENT IN HILLSIDE AREAS
OF COMMERCIAL AND INDUSTRIAL ZONES.
CASE NO. ZOA 85-1
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 5th day of March, 1985, hold a duly noticed public hearing and continued public
hearing on April 2, April 16, and May 7, 1985, to consider a zoning ordinance text
amendment relating to the prohibition of construction, development or use in commercial
or industrial zones in hillside areas that average 10% or greater in slope.
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 has determined that
the project is a class 5 categorical exemption and no further documentation is deemed
necessary.
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.
4. That the zoning ordinance amendment would conform with the intent of the
city measure passed by the city voters in November, 1984.
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 7th day of May, 1985, by the following vote, to wit:
AYES: DOWNS, ER WOOD, WOOD, AND CRITES
NOES: NONE
ABSENT: RICHARDS
ABSTAIN: NONE
ORD CRITES, Chairman
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PLANNING COMMISSION RESOLUTION 1037
EXHIBIT "A"
CASE NO. ZOA 85-1
Section 25.26.020 is hereby recommended to be added:
25.26.020 Restriction of Hillside Use in all Commercial zones:
In all commercial zones, no construction, development, or use of any type or nature shall
be permitted in the hillside areas of the City of Palm Desert located west of the Palm
Valley Channel and southwest of Highway 111. Hillside for the purpose of this section is
defined as that portion of the land lying above the toe of the slope and extending upward.
Toe of the slope is designated as a line where the lowest part of the slope intersects the
valley floor. The location of the toe of the slope shall be determined in each case by the
planning commission. Areas located below the toe of the slope adjacent to the valley
floor may be otherwise developed as permitted under the then existing zoning requests of
the ordinance of the City of Palm Desert.
A copy of the conditional use permit and/or precise plan containing a map of the parcel
indicating the location of the toe of the slope and the portion of the property determined
to be hillside shall be approved and accepted by the applicant in writing and the same
shall be recorded in the County Recorder's office in the County of Riverside and such
hillside determination shall be binding upon all future owners of the property.
Section 25.28.030 (K) is hereby recommended to be added:
25.28.030 K:
Any permitted use set forth in 25.28.020 when such parcel contains any hillside area as set
forth in 25.26.010.
Section 25.32.020 is hereby recommended to be added:
25.32.020 Restriction of Hillside Uses in all Industrial Zones:
In all industrial zones, no construction, development, or use of any type or nature shall be
permitted in the hillside areas of the City of Palm Desert located west of the Palm Valley
Channel and southwest of Highway 111. Hillside for the purpose of this section is defined
as that portion of the land lying above the toe of the slope and extending upward. Toe of
the slope is designated as a line where the lowest part of the slope intersects the valley
floor. The location of the toe of the slope shall be determined in each case by the
planning commission. Areas located below the toe of the slope adjacent to the valley
floor may be otherwise developed as permitted under the then existing zoning requests of
the Ordinance of the Cityof Palm Desert.
A copy of the conditional use permit and/or precise plan containing a map of the parcel
indicating the location, the toe of the slope, and the portion of the property determined to
be hillside shall be approved and accepted by the applicant in writing and the same shall
be recorded in the County Recorder's office in the County of Riverside and such hillside
determination shall be binding upon all future owners of the property.
Section 25.34.020 (M) is hereby recommended to be added:
25.34.020 M:
Any permitted use set forth in 25.28.020 when such parcel contains any hillside area as set
forth in 25.26.010.
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