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HomeMy WebLinkAboutRes No 1475PLANNING COMMISSION RESOLUTION NO. 1475 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, CONFIRMING CERTAIN MATTERS WITH RESPECT TO THE PRELIMINARY PLAN FOR PROJECT AREA NO. 1, AS AMENDED, IN CONNECTION WITH PROPOSED AMENDMENT NO. 7 TO THE REDEVELOPMENT PLAN, AS AMENDED, FOR PROJECT AREA NO. 1, AS AMENDED, AND MAKING ITS REPORT AND RECOMMENDATION REGARDING THE CONFORMITY OF PROPOSED AMENDMENT NO. 7. RECITALS: A. The Palm Desert Redevelopment Agency proposes to amend the Redevelopment Plan, As Amended, for Project Area No. 1, As Amended,. to provide that if any land use or proposed land use within the territory included within Project Area No. 1, As Amended, conforms to the General Plan or Zoning Ordinance of the City of Palm Desert, as amended from time to time, then such land use or proposed land use shall be deemed to comply with any and all land use restrictions contained in the Redevelopment Plan, As Amended, notwithstanding any provisions, map, figure or diagram contained in the Redevelopment Plan, As Amended, to the contrary. B. The Community Redevelopment Law provides that the Planning Commission shall formulate a preliminary plan for the redevelopment of each selected project area, and provides that the Agency and the Planning Commission shall cooperate in the formulation and preparation of a preliminary plan. In connection with the proceedings for the adoption of the Redevelopment Plan, the Planning Commission cooperated in the formulation and preparation of the Preliminary Plan for Project Area No. 1, As Amended, and such Preliminary Plan is on file in the records of the Agency. C. By previous resolution, the Agency found and determined that the Preliminary Plan for Project Area No. 1, As Amended, is sufficient for purposes of amending the Redevelopment Plan for Project Area No. 1 to provide that if any land use or Proposed land use within the territory included within Project Area No. 1, As Amended, conforms to the General Plan or Zoning Ordinance of the City of Palm Desert, as amended from time to time, then such land use or proposed land use shall be deemed to comply with any and all land use restrictions contained in the Redevelopment Plan, As Amended, notwithstanding any provisions, map, figure or diagram contained in the Redevelopment Plan, As Amended, to the contrary, and requested the Planning Commission to confirm the findings and determinations of the Agency. RESOLUTION NO. 1475 D. By previous resolution, the Agency requested the Planning Commission to prepare recommendations regarding proposed Amendment No. 7 and to report as to the conformity of proposed Amendment No. 7 to the General Plan. E. Agency staff has prepared proposed Amendment No. 7 to the Redevelopment Plan, As Amended, for Project Area No. 1, As Amended, and has presented such proposed Amendment No. 7 to the Planning Commission. NOW THEREFORE, THE PLANNING COMMISSION HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The Planning Commission hereby finds and determines that the Preliminary Plan for Project Area No. 1, As Amended, is now sufficient for the purposes contemplated by proposed Amendment No. 7 to the Redevelopment Plan, As Amended, for Project Area No. 1, As Amended, as described in paragraph A of the Recitals hereof and that such Preliminary Plan does not require any change, modification or amendment in connection therewith and hereby approves such Preliminary plan in connection with proposed Amendment No. 7 to the Redevelopment Plan, As Amended, for Project Area No. 1, As Amended. Section 2. The Planning Commission hereby finds and determines that the location, purpose and extent of (i) real property to be acquired by dedication or otherwise for street, square, park or other public purposes, (ii) real property to be disposed of, (iii) streets to be vacated or abandoned, and (iv) public buildings or structures to be constructed or authorized, all pursuant to or in furtherance of such proposed Amendment No. 7, are in conformance with the General Plan of the City of Palm Desert. Section 3. The Planning Commission hereby finds and determines that proposed Amendment No. 7 is in conformance with the General Plan of the City of Palm Desert. Section 4. The Planning Commission hereby finds and determines that the Negative Declaration prepared in connection with proposed Amendment No. 7 was completed pursuant to the provisions of the California Environmental Quality Act and guidelines promulgated with respect thereto, and that the Planning Commission has reviewed and considered the contents of the Negative Declaration prior to deciding whether to approve such proposed Amendment No. 7. 2 RESOLUTION NO. 1475 Section 5. The Planning Commission hereby approves proposed Amendment No. 7, a copy of which is attached hereto as Exhibit A, and hereby recommends that such proposed Amendment No. 7 be approved and adopted by the Agency and the City Council of the City of Palm Desert. Section 6. The Secretary of the Planning Commission is hereby authorized and directed to submit a copy of this Resolution to the Agency and to the City Council. PASSED, APPROVED AND ADOPTED this 2nd day of October, 1990, by the following vote, to wit: AYES: DOWNS, JONATHAN, RICHARDS AND WHITLOCK NOES: NONE ABSENT: ERWOOD ABSTAIN: NONE RAMON A. DIAZ, S C ARY /mh 3 -&(,6L-t CAROL WHITLOCK, CHAIRPERSON PLANNING COMMISSION RESOLUTION NO. 1475 Exhibit A SEVENTH AMENDMENT TO THE REDEVELOPMENT PLAN, AS AMENDED, FOR PROIIECT AREA NO. 1, AS AMENDED OF THE PALM DESERT REDEVELOPMENT AGENCY PLANNING COMMISSION RESOLUTION NO. 1475 Section 1. The following terms shall have the following meanings in this Seventh Amendment unless the context requires otherwise: "Agency" means the Palm Desert Redevelopment Agency. "City" means the City of Palm Desert, California. "Project Area" means the territory included within the original boundaries of Project Area No. 1 of the Agency, as set forth in the Redevelopment Plan approved and adopted by Ordinance No. So of the City. "Redevelopment Plan" means the Redevelopment Plan for the Project Area. "Second Amendment" means the Second Amendment to the Redevelopment Plan, approved and adopted by Ordinance No. 275 of the City. "Territory Added to the Project Area" means the territory added to the Project Area pursuant to the Second Amendment. Section 2. Section 32 is hereby added to the Redevelopment Plan, As Amended, to read as follows: "32. LAND USES AND PROPOSED LAND USES If any land use or proposed land use within the Project Area conforms to the General Plan or Zoning Ordinance of the City of Palm Desert, as amended from time to time, then such land use or proposed land use shall be deemed to comply with any and all land use restrictions contained in this Redevelopment Plan, and any prior amendment hereof, notwithstanding any provision, map, figure or diagram contained in this Redevelopment Plan, or any prior amendment hereof, to the contrary." Section 3. Section 33 is hereby added to the Second Amendment to read as follows: "section 33: LARD USES AND PROPOSED LAND USES If any land use or proposed land use within the Territory Added to the Project Area conforms to the General Plan or Zoning Ordinance of the City of Palm Desert, as amended from time to time, then such land use or proposed land use shall be deemed to comply with any and all land use restrictions contained in this Second Amendment, and any prior amendment hereof, notwithstanding any provision, map, figure or diagram contained in this second Amendment, or any prior amendment hereof, to the contrary." 5 PLANNING COMMISSION RESOLUTION NO. 1475 Notice of Negative Declaration Preparation Notice is hereby given that a Negative Declaration has been prepared for Amendment No. 7 to the Redevelopment Plan, As Amended, for Project Area No. 1, As Amended, of the Palm Desert Redevelopment Agency. Project Area No. 1, As Amended, is generally located in the City of Palm Desert north of the Paim Desert City limits, south of the Whitewater Wash, west of the City limits of Indian Wells and Palm Desert and east of City limits of Paim Desert and Rancho Mirage. The Palm Desert Redevelopment Agency is proposing to adopt Amendment No. 7 to the Redevelopment Plan, As Amended, for Project Area No. 1, As Amended, of the Palm Desert Redevelopment Agency. Proposed Amendment No. 7 will do the following: Provide that if any land use or proposed land use within the territory included within Project Area No. 1, As Amended, conforms to the General Plan or Zoning Ordinance of the City of Paim Desert, as amended from time to time, than such land use or proposed land use shall be deemed to comply with any and all land use restrictions contained in the Redevelopment Plan, As Amended, notwithstanding any provisions, map, figure or diagram contained in the Redevelopment Plan, As Amended, to the contrary. Because proposed Amendment No. 7 does not result in the construction of any facilities or the establishment of any new programs, the project will not have a significant adverse impact on the environment. It should also be noted that prior to the construction of any project the environmental review process will be undertaken, and it is the policy of the City of Palm Desert not to adopt a statement of overriding considerations on any development or project. Comments will be received regarding this Negative Declaration until Monday, November 5, 1990. A public hearing on the project is scheduled for Thursday, December 13, 1990 at 7:00 p.m. in the Council Chambers of the Paim Desert City Hall located at 73-510 Fred Waring, Palm Desert, California 92260. Copies of the draft Negative Declaration are available for review and may be obtained from the City of Palm Desert Department of Community Development at 73-510 Fred Waring, Palm Desert, California 92260. 6 PLANNING COMMISSION RESOLUTION NO. 1475 PROJECT DESCRIPTION AMENDMENT NO. 7 TO THE REDEVELOPMENT PLAN, AS AMENDED, FOR PROJECT AREA NO. 1, As AMENDED, OF THE PALM DESERT REDEVELOPMENT AGENCY The Palm Desert Redevelopment Agency is P g cY proposing to adopt Amendment No. 7 to the Redevelopment Plan, As Amended, for Project Area No. 1, As Amended, of the Palm Desert Redevelopment Agency. Project Area No, 1, As Amended, is generally located in the City of Palm Desert, north of the Palm Desert city limits, south of the Whitewater Wash, west of the city limits of Indian Wells and Palm Desert and east of the city limits of Palm Desert and Rancho Mirage. Proposed Amendment No. 7 will do the following: Provide that if any land use or proposed land use within the territory included within Project Area No. 1, As Amended, conforms to the General Plan or Zoning Ordinance of the City of Palm Desert, as amended from time to time, then such land use or proposed land use shall be deemed to comply with any and all land use restrictions contained in the Redevelopment Plan, As Amended, notwithstanding any provisions, map, figure or diagram contained in the Redevelopment Plan, As Amended, to the contrary. Because proposed Amendment No. 7 does not result in the construction of any facilities or the establishment of any new programs, the project will not have a significant adverse impact on the environment. It should also be noted that prior to the construction of any project the environmental review process will be undertaken, and it is the policy of the City of Palm Desert not to adopt a statement of overriding considerations on any development or project. 7 Nib L74Jw CLUB •ilry • • 411 4 —+• mm•••••••••••m•a 1 r• . Old mod sa PALM DESERT .REDEVELOPMENT PROGRAM swap .: ss Wiwi, am thit.W (.r '•:i i'''. �.i' yit,• b -..••.•::.•.•: ••1• • • j.r•�.,, AREA BOUNDARY P.D. BOUNDARY P. D. CITY LIMIT P. D. SPHERE UNE CITY OF INDIAN WELLS COUNTY OF RIVERSIDE • City of PALM DESE IwnK May Moe Its NOW • tape tape