HomeMy WebLinkAboutRes No 1901PLANNING COMMISSION RESOLUTION NO. 1901
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL
OF A ZONING ORDINANCE AMENDMENT AS IT RELATES TO MUNICIPAL
CODE SECTIONS 25.82.060 AND 25.84.080, ACTION BY THE CITY
COUNCIL.
CASE NO. ZOA 98-6
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 20th day of October, 1998, hold a duly noticed public hearing to consider the above
noted zoning ordinance amendment; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act, Resolution
No. 97-18" in that the Director of Community Development has determined the amendment
to be a class 5 categorical exemption for the purposes of CEQA; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said Planning Commission
did find the following facts and reasons to exist to justify recommending approval of said
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 and applicable specific plans.
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 findings of
the Commission in this case.
2. That Zoning Ordinance Amendment 98-6 attached hereto as Exhibit "A" is
hereby recommended to City Council for approval.
PLANNING COMMISSION RESOLUTION NO. 1901
PASSED, ADOPTED and APPROVED at a regular meeting of the Palm Desert Planning
Commission, held on this 20th day of October, 1998, by the following vote, to wit:
AYES: BEATY, FERNANDEZ, FINERTY, JONATHAN, CAMPBELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
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STEPHEN R. SMITH, Acting Secretar
Palm Desert Planning Commission
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SONIA M. CAMPBELL, Chairperson
PLANNING COMMISSION RESOLUTION NO. 1901
EXHIBIT "A"
Section 1
That Section 25.82.060 "Action by the City Council" be amended to read as follows:
"25.82.060 Action by the City Council.
The city council shall hold at least one public hearing on the
proposal within 40 days after receipt of the report of the planning
commission. The hearing shall be set and notice given as prescribed in
Section 25.86.010. Within twenty-one days following the closing of
the public hearing, the council shall make a specific finding as to
whether the change is consistent with the objectives of this title. If the
council finds that the change is consistent, it shall introduce an
ordinance amending the zoning ordinance text. If the council shall find
that the Proposal is not consistent, it shall deny the application or reject
the proposal pursuant to a resolution of denial. The council shall not
approve a modification of a decision of the planning commission
recommending adoption of the text amendment until it has requested
and considered a report of the commission on the modification, unless
the modification had been considered by the planning commission
during its public hearing on the matter. Failure of the commission to
report within forty days after receipt of the council request shall be
deemed concurrence. Denial of an application shall not require referral
back to the planning commission. (Ord. 99 § 1 (part), 1975:Exhibit A
§ 25.39-7.06)"
Section 2
That Section 25.84.080 "Action by the City Council" be amended to read as follows:
"25.84.080 Action by the City Council.
The city council shall hold at least one public hearing on an
application within forty days after the receipt of the resolution or report
by the commission; provided, that no hearing shall be held on an
application which has been denied by the commission unless an appeal
is filed. The hearing shall be set and notice given as prescribed in
Section 25.86.010. Within twenty-one days following the close of a
public hearing, the council shall make a specific finding as to whether
the change is consistent with the objectives of this title. If the council
finds that the change is not consistent, it shall deny the application
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PLANNING COMMISSION RESOLUTION NO. 1901
pursuant to a resolution of denial. The council shall not approve a
modification of a decision of the planning commission recommending
granting of an application until it has requested and considered a report
of the commission on the modification. Failure of the commission to
report within forty days after receipt of the council request shall be
deemed concurrence. Denial of an application shall not require referral
back to the planning commission. (Ord 99 § 1 (part),1975:Exhibit A §
25.39-8.08)"
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