HomeMy WebLinkAboutCC RES 2016-11RESOLUTION NO. 2016-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION
FOR ZONING ORDINANCE AMENDMENT 15-350 TO ALLOW NEW
AND USED OUTDOOR AUTOMOTIVE SALES IN CERTAIN
LOCATIONS, AND OTHER MODIFICATIONS TO AUTO USES
THROUGHOUT THE CITY AND APPROVING THE ZONING
ORDINANCE AMENDMENT
WHEREAS, the City desires to amend Municipal Code Sections 25.16.030,
25.16.040, 25.28.070, and 25.99.020 through adoption of a zoning ordinance
amendment known as 15-350 (the "Project"); and
WHEREAS, the proposed Project will make certain changes to Municipal Code
Section 25.16.030 "Allowed Land Uses," 25.16.040 "Specific Use Standards", Section
25.28.070 "Freeway Commercial Overlay District," and Section 25.99.020 "Land Use
Definitions" to allow new and used outdoor automotive sales within the service industrial
and the freeway commercial overlay zoning districts; all subject to a Conditional Use
Permit, and other modifications to auto uses will expand the City's business portfolio
and will increase the City's sales tax, create additional jobs, and provide a different type
of product to consumers; and
WHEREAS, the Project is minor in nature and reflects the way the City currently
reviews automotive uses throughout the City; and
WHEREAS, pursuant to the California Environmental Quality Act (Public
Resources Code, § 21000 et seq.), the State CEQA Guidelines (California Code of
Regulations, title 14, § 15000 et seq.), and the City's local CEQA Guidelines
(collectively, "CEQA"), the City is the lead agency for the proposed Project; and
WHEREAS, pursuant to State CEQA Guidelines section 15063, an initial study
("Initial Study") was prepared for the Project to analyze whether the Project may cause
a potentially significant effect on the environment; and
WHEREAS, the City, as lead agency, has determined that a Negative
Declaration ("ND") should be prepared in order to analyze the Project's potential
environmental effects; and
WHEREAS, the City circulated the ND and Initial Study for public review in the
manner required by CEQA for a twenty -day review and comment period pursuant to
Public Resources Code section 21091(b); and
WHEREAS, the City Council has carefully reviewed the Project, the ND, the
Initial Study, all comments received on the documents, and all other information
contained in the record regarding the Project; and
RESOLUTION NO. 2016- 11
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, California, as follows:
SECTION 1. Compliance with the California Environmental Quality Act. As
the decision -making body, the City Council has reviewed and considered the
information contained in the record as a whole in connection with the Project and the
ND. The City finds that the ND, Initial Study, and administrative record contain a
complete and accurate reporting of the environmental impacts associated with the
Project. The City Council further finds that the ND and Initial Study have been
completed in compliance with CEQA.
SECTION 2. Findings on Environmental Impacts. Based on the whole record
before it, including the ND, the Initial Study, the administrative record, and all other
written and oral evidence presented to the City Council, the City Council finds that all
environmental impacts of the Project are less than significant. The City Council further
finds that there is no substantial evidence in the administrative record as a whole
supporting a fair argument that the Project may result in any potentially significant
environmental impacts. The City Council finds that the ND contains a complete,
objective, and accurate reporting of the environmental impacts associated with the
Project and reflects the independent judgment and analysis of the City Council.
SECTION 3. Adoption of ND. The City Council hereby adopts the ND prepared
for the Project, a copy of which has been provided to each City Council Member and is
on file at the City's offices.
SECTION 4. Approval of the Project. The City Council hereby approves the
Project.
SECTION 5. Notice of Determination. The City Council directs staff to prepare
and file a Notice of Determination with the Riverside County Clerk within five (5) working
days of the approval of the Project.
SECTION 6. Custodian of Records. The custodian for the documents and
materials that constitute the record of proceedings on which these findings are based is
Associate Planner Kevin Swartz, and the documents are available for public review at
the Palm Desert Civic Center.
SECTION 7. Execution of Resolution. The Mayor shall sign this Resolution and
the City Clerk shall certify this Resolution was duly and properly adopted by the City
Council.
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RESOLUTION NO. 2016- 11
PASSED, APPROVED AND ADOPTED this 14th day of January, 2016, by the
following vote, to wit:
AYES: HARNIK, JONATHAN, TANNER, WEBER, and SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Adk(--01 s4
ROBERT A. SPIEGEt NAY RI
ATTEST:
RACHELLE D. KLASSEN,cITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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