HomeMy WebLinkAboutCC RES 2016-48RESOLUTION NO. 2016-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION FOR
A ZONING ORDINANCE AMENDMENT TO PALM DESERT MUNICIPAL
CODE SECTION 25.16.050 DEVELOPMENT STANDARDS ADDING A
PROVISION TO ALLOW FOR HEIGHT EXCEPTIONS WITHIN THE OFFICE
PROFESSIONAL (O.P.) ZONE SUBJECT TO APPROVAL BY THE
PLANNING COMMISSION CASE NO. ZOA 16-91
WHEREAS, the City Council of the City of Palm Desert, Califomia ("City Council") did
on the 26th day of May, 2016, 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 Planning Commission of the City of Palm Desert, California, did on the
5th day of April, 2016, hold a duly noticed public hearing and recommended approval of the
request by the City of Palm Desert of the above noted; and
WHEREAS, establishing an Ordinance to allow a height exception within the Office
Professional Zone from 25 feet, up to a maximum of 35 feet. Each height exception request
would require a Precise Plan application reviewed on a case -by -case basis, and approved
by the Planning Commission. The additional height would allow for a higher quality building
design, as well as enough height to adequately screen all roof top equipment units; and
WHEREAS, amendments to Section 25.16.050 "Development Standards" are minor in
nature and reflect the way the City views architecture 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 20-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- 48
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER 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
Kevin Swartz, Associate Planner, 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- 48
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 26th day of May, 2016, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
HARNIK, JONATHAN, TANNER, WEBER, and SPIEGEL
NONE
NONE
NONE
ROBERT A. SPIEL
ATTEST:
Pe
• �° HELLE D. KLASSE, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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