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HomeMy WebLinkAboutRes No 2439PLANNING COMMISSION RESOLUTION NO. 2439 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO CHAPTERS 25.15 HILLSIDE PLANNED RESIDENTIAL (HPR) AND 25.86 PUBLIC HEARINGS AS THEY RELATE TO PUBLIC HEARING REQUIREMENTS, DEVELOPMENT STANDARDS AND RIDGE -TOP DEVELOPMENT. CASE NO. ZOA 07-01 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of March, 2007, continued from the 20 of February, 2007, hold a duly noticed public hearing to consider an amendment to the Palm Desert Municipal Code, Chapters 25.15 and 25.86 as described above; 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. 06-78," in that the Director of Community Development has determined that the amendment will not have a significant adverse impact on the environment and a Negative Declaration of Environmental Impact has been prepared; 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 its recommendation as described below: 1. That the Zoning Ordinance amendment is consistent with the adopted General Plan and affected specific plans. 2. 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, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That a Negative Declaration of Environmental Impact, Exhibit A attached, be recommended for certification to the City Council. 3. That the Planning Commission does hereby recommend to the City Council approval of a Zoning Ordinance text amendment as provided in the attached Exhibit B to amend Municipal Code Chapters 25.15 and 25.86. PLANNING COMMISSION RESOLUTION NO. 2439 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 20th day of March, 2007, by the following vote, to wit: AYES: LIMONT, TANNER, TSCHOPP, SCHMIDT, CAMPBELL NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: STEPHEN R. SMITH, Acting Secretary Palm Desert Planning Commission r SONIA M. CAMPBELL, Chairperson 2 IMP PLANNING COMMISSION RESOLUTION NO. 2439 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NO: ZOA 07-01 APPLICANT/PROJECT SPONSOR: PROJECT DESCRIPTION/LOCATION: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Approve an amendment to Chapters 25.15 Hillside Planned Residential (HPR) and 25.86 Public Hearings as they relate to public hearing requirements, development IMP standards and ridge -top development. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. STEPHEN R. SMITH " DATE _S-b-07 ACTING DIRECTOR OF COMMUNITY DEVELOPMENT 3 PLANNING COMMISSION RESOLUTION NO. 2439 EXHIBIT B Chapter 25.86 PUBLIC HEARINGS That the following provision be added to Section 25.86.010 (Hearing time and notice) D. All development of parcels within the Hillside Planned Residential Zone shall require notice of a public hearing not less than 10 days nor more than 30 days prior to the date of the hearing by publication in the newspaper of general circulation in the City, and mailing notices via United States Postal Service to people whose name appear on the latest adopted tax rolls of Riverside County as owning property within 4,000 feet of the exterior boundaries of the property that is the subject of the hearing and notification to all homeowners associations within the City south of Haystack Road. Chapter 25.15 HILLSIDE PLANNED RESIDENTIAL DISTRICT That the following section be added to chapter 25.15 Hillside Planned Residential District. 25.15.015 Definitions. Hillside Ridge- A ridgeline that is formed by the juncture of two (2) or more sloping planes that project outward from a mountain range and descend towards the valley floor more particularly identified on attached exhibit labeled Hillside Planned Residential Zone Ridges. That the following provision be added to Section 25.15.010 (Purpose) D. 1. Development on or across ridges is prohibited. 2. Building pad elevations and architectural design shall be set so that rooflines do not create a negative visual impact on the City. That the following provision be added to Section 25.15.030 (Development Standards) E. Previously approved existing building pads shall be subject to the standard coverage limitations of 35% and may be increased up to 50% with Architectural Review Commission approval. Any change to an 4 Now INV PLANNING COMMISSION RESOLUTION NO. 2439 existing approved building pad shall require a new public hearing subject to the provisions of this chapter. 5