HomeMy WebLinkAboutCC RES 2016-17RESOLUTION NO. 2016-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION
FOR ZONING ORDINANCE AMENDMENT 15-03 TO REPEAL PALM
DESERT MUNICIPAL CODE SECTION 25.72.040 "DEVELOPMENT
PLANS" AND ADOPT A NEW MUNICIPAL CODE SECTION 25.78.080
"SPECIFIC PLANS" AND MAKE OTHER MINOR AMENDMENTS TO
MUNICIPAL CODE SECTIONS 25.28.060, 25.28.070, 25.60.060, AND
25.99.020 TO REFLECT THE NEW SPECIFIC PLAN ORDINANCE
WHEREAS, the City desires to repeal Municipal Code Section 25.72.040, and
establish a new Specific Plan Ordinance under Municipal Code Section 25.78.080, and
make other minor municipal code amendments to Sections 25.28.060, 25.28.070,
25.60.060, and 25.99.020 through adoption of a zoning ordinance amendment known
as 15-03 (the "Project"); and
WHEREAS, the proposed Project will make certain changes to the Palm Desert
Municipal Code Section to establish a Specific Plan Ordinance in accordance with State
Government Code Sections 65450 - 65457; and
WHEREAS, the Specific Plan Ordinance provides proper planning tools for the
initiation, review and processing of larger, more complex, development proposal; 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- 17
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 Proiect. 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 Eric Ceja, 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- 17
PASSED, APPROVED AND ADOPTED this 28th day of January, 2016, by the
following vote, to wit:
AYES: HARNIK, JONATHAN, TANNER, WEBER, and SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NoNE
ROBERT A. SPIEG
MAYOR
ATTEST:
RACHELLE D. KLASSEN, ci`ry CLERK
CITY OF PALM DESERT, CALIFORNIA
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