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HomeMy WebLinkAboutORD 1022ORDINANCE NO. 1022 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ,M PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 25.25 OFFICE PROFESSIONAL ZONE AS IT RELATES TO HOW BUILDING HEIGHT IS MEASURED. CASE NO. ZOA 02-04 WHEREAS, the City Council of the City of Palm Desert, California, did on the 12th day of September, 2002, hold a duly noticed public hearing to consider amending the Palm Desert Municipal Code Chapter 25.25, Office Professional zone, as it relates to maximum building height and how building height is measured; and WHEREAS, the Planning Commission, by its Resolution No. 2146, has recommended approval of the proposed amendment; and WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 02-60," in that the Director of Community Development has determined the Zoning Ordinance Amendment is considered a Class 5 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts to justify its action as described below: 1 . That the Zoning Ordinance Amendment is consistent with the objectives of the zoning ordinance. 2. That the Zoning Ordinance Amendment is consistent with the adopted general plan and affected specific plans. 3. That the Zoning Ordinance Amendment would better serve the public health, safety, and general welfare than the current regulations. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the consideration of the City Council in this case. 2. That ZOA 02-04 as delineated in the attached Exhibit "A" is hereby ordained. ORDINANCE NO. 1022 3. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this 26th day of September , 2002, by the following vote, to wit: AYES: BENSON, CRITES, SPIEGEL, KELLY NOES: FERGUSON ABSENT: NONE ABSTAIN: NONE ATTEST: R HELLE D. KLASS ,City Clerk City of Palm Desert, California 2 RIC ORDINANCE NO. 1022 EXHIBIT "A" Section 1: That Section 25.25.016 E be added to read: E. Notwithstanding the provisions of subsection "D" above, on large lots where the building pad is more than 50 feet from the street (curb line) and 100 feet from adjacent single story residential lots, building height shall be measured from the prescribed minimum pad height necessary to achieve adequate drainage as determined by the Director of Public Works. Director of Public Works shall consider the provisions of Municipal Code 27.12 in determining minimum necessary pad height. K