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HomeMy WebLinkAboutORD 1026ORDINANCE NO. 1026 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FOR 28.8 +/- ACRES GENERALLY LOCATED SOUTH OF IRONWOOD COUNTRY CLUB, PART OF THE EAST HALF OF SECTION 5, T6S R6E AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT. CASE NO. C/Z 02-05 WHEREAS, the City Council of the City of Palm Desert, California, did on the 24th day of October, 2002, hold a duly noticed public hearing to consider the request by S.R. CONSULTANTS and IRONWOOD COUNTRY CLUB for approval of the change of zone for property generally located in the east half of Section 5, T6S R6E (south of Ironwood Country Club) and a Mitigated Negative Declaration of Environmental Impact as it relates thereto; and WHEREAS, the Planning Commission by its Resolution No. 2161 has recommended approval of C/Z 02-05; and WHEREAS, the applicant has consulted through CVAG with the Fish and Wildlife Service and the Department of Fish and Game; and WHEREAS, the applicant has agreed to compensate for the loss of Bighorn Sheep habitat at a 2:1 ratio and has agreed to other mitigation measures delineated in a letter from the Fish and Wildlife Service dated December 15, 2000; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 02-60," in that the Director of Community Development has determined that the project will have no adverse impact on the environment and a Mitigated Negative Declaration of Environmental Impact has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify its actions, as described below: The proposed change of zone to PR-2 is consistent with the proposed General Plan land use designation. ORDINANCE NO. 1076 NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: —.0 SECTION 1: That a portion of Ordinance No. 107 referencing Section 25.46.1 of the Zoning Ordinance, the Zoning Map (Chapter 35.46 of the Palm Desert Municipal Code) is hereby amended to read as shown on the attached Exhibit "A." SECTION 2: That a Mitigated Negative Declaration of Environmental Impact is hereby certified as shown in the attached Exhibit "B." SECTION 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 effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 14th day of November , 2002, by the following vote, to wit: AYES: BENSON, CRITES, FERGUSON, SPIEGEL, KELLY +N% NOES: NONE ABSENT: NONE ABSTAIN: NONE 11 WC�HAR'86��S.4ELY, May ATTEST: RACHELLE D. KLASSE , City Cler City of Palm Desert, California 2 org °f X"afm LeDew Case No. CIZ 02-05 CITY COUNCIL 11 Change of Zone ORDINANCE NO. 1026 bwq� EXHIBIT A Date: November 14, 2002 ORDINANCE NO. 1076 EXHIBIT B Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. MITIGATED NEGATIVE DECLARATION CASE NO: C/Z 02-05 APPLICANT/PROJECT SPONSOR: City of Palm Desert PROJECT DESCRIPTION/LOCATION: A change of zone to PR-2 for 28.8 + /- acres for property generally located south of Ironwood Country Club, part of the east half of Section 5, T6S R6E. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the 004 environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid %00 potentially significant effects, may also be found attached. PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT M