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HomeMy WebLinkAboutRes No 27561 1 1 PLANNING COMMISSION RESOLUTION NO. 2756 A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A ZONING ORDINANCE AMENDMENT TO EXPAND THE DOWNTOWN CORE OVERLAY DISTRICT TO SELECT PARCELS LOCATED ALONG HIGHWAY 111 AND EL PASEO; AND ADOPT A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NO: ZOA 19-0001 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of March 2019, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above noted; and WHEREAS, the changes to the City's Zoning Map are consistent with the adopted General Plan as all parcels identified for the Downtown Core Overlay expansion are located within the Downtown District of the General Plan; and WHEREAS, the Planning Commission of the City of Palm Desert, in reviewing all the facts and any testimony given adopts the following as its Findings in recommended approval of the Zoning Ordinance Amendment and changes to the City's Zoning Map to the City Council: SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby finds that: A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly organized under the constitution and laws of the State of California. B. The Planning and Zoning Law authorizes cities to establish zoning ordinances and zoning maps to address land use designations and property regulations for development. C. The Planning and Zoning Laws require cities to make General Plan and Zoning standards consistent in order to remove ambiguity and conflicting policies and that the proposed amendments to the Zoning Ordinance and Zoning Map bring the documents into conformity with the adopted General Plan. SECTION 2. Zoning Ordinance Amendment. The Planning Commission of the City of Palm Desert recommends that the City Council of the City of Palm Desert, California, approve and adopt amendments to the City's Zoning Map to expand the Downtown Core Overlay District as shown in Exhibit "A" which is attached hereto and incorporated herewith. SECTION 3. Zoning Map Amendment. The Planning Commission of the City of Palm Desert recommends that the City Council of the City of Palm Desert, California approve and adopt the changes to the City's Zoning Map which updated land use designations to certain properties to make them consistent with land use designations approved in the General Plan which is attached hereto and incorporated herewith as Exhibit A. PLANNING COMMISSION RESOLUTION NO. 2756 SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this resolution or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The Planning Commission hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase, thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 5. California Environmental Quality Act Finding. The Planning Commission of the City of Palm Desert finds the changes to the Zoning Map have been reviewed and considered and it has determined that any environmental impacts associated with the changes have been sufficiently reviewed by the Environmental Impact Report prepared as part of the General Plan Update, and the expansion of the Downtown Core Overlay Zone will not have a direct physical impact to the environment and that all future development within the Downtown District will be reviewed in accordance with CEQA. 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 for approval of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval to the City Council of ZOA 19-0001. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 5th day of March 2019, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, HOLT, and PRADETTO NOES: NONE ABSENT: GREGORY ABSTAIN: NONE ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION LIMOSAY HOLT, VI 'E-CHAIR 2