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HomeMy WebLinkAboutORD 1341ORDINANCE NO. 1341 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO APPLY A CHANGE OF ZONE FOR THREE PARCELS OF LAND (APNs: 637-190-021, 637-190-024, AND 637-190-027) FROM R-2 TO R-2 WITH AN OPEN SPACE/RESIDENTIAL OVERLAY DISTRICT AS THEY RELATE TO THE PALM DESERT COUNTRY CLUB PROJECT CASE NO: ZOA/CZ 18-0003 WHEREAS, at its meeting of May 10, 2018, the City Council directed staff to prepare a Zoning Ordinance Amendment (ZOA) to establish development standards, outline public outreach requirements, and preservation of forty-five (45) percent of open space for golf course conversion projects, and have the ordinance applied to the former Palm Desert Country Club Executive Course; and WHEREAS, the property owner for the Palm Desert Country Club consented to the Change of Zone for an Open Space/Residential Overlay at the time of City Council approval on May 10, 2018; and WHEREAS, the Open Space/Residential Overlay District establishes procedures for all proposed golf course conversion projects and includes provisions for: community outreach, development standards for the addition of community benefits, the preservation of open space, density limitations, and the application review process; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of June 2018, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above -noted, and adopted Resolution Nos. 2722 and 2723, recommending that the City Council adopt the ZOA, subject to minor grammatical changes and apply the overlay district to three parcels that previously were occupied by the former Palm Desert Country Club Executive Course; and WHEREAS, the City Council of the City of Palm Desert, California, did on the12th day of July, 2018, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of a ZOA, and has determined that applying the Open Space/Residential Overlay District to said parcels is consistent with the General Plan; 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 approve said request: NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing recitals as its findings in support of the following regulations and further finds that the following regulations are beneficial and appropriate to protect the health, safety, and welfare of the residents and businesses of Palm Desert within the City limits. ORDINANCE NO. 1341 SECTION 2. Apply the Open Space/Residential Overlay district to three parcels „e located within Palm Desert Country Club as identified in Exhibit "A" attached to this Ordinance. SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 4. Publication. 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 in effect thirty (30) days after its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 23rd day of August, 2018, by the following vote, to wit: AYES: KELLY, NESTANDE, WEBER, and JONATHAN NOES: HARNIK ABSENT: NONE ABSTAIN: NONE SABBY-JO'NATHAN, MAYOR ATTEST: GACityClrk\Gloria Sanchez\ORDINANCES\Ord No. 1341 - ZOA 18-0003 - PDCC 3Parcels.doc