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HomeMy WebLinkAboutORD 298ORDINANCE NO: 298 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE ZONING ORDINANCE TEXT PERTAINING TO MAXIMUM NOISE LEVELS IN THE C-1 ZONE. CASE NO. ZOA 03-82 WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th, day of May, 1982, hold a duly noticed Public Hearing, to consider an amendment to the zoning ordinance text pertaining to maximum noise levels in the C-1 zone. WHEREAS, the Planning Commission, by Resolution No. 795, has recommended approval; and, WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the Director of Environmental Services has determined the project is a Class 5 Categorical Exemption; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, or all persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve a zoning ordinance text amendment. 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. 3. That the Zoning Ordinance Amendment would better serve the public health, safety, and general welfare, than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the considerations of the Council in this case. 2. That it does hereby aprove a Zoning Ordinance Text Amendment, as provided in the attached exhibit, labeled Exhibit "A", to amend Municipal Code Section 25.28.140. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 20th day of May, 1982, by the following vote to wit: AYES: McPherson, Newbrander, Puluqi, Snyder & Wilson NOES: None ABSENT: None ABSTAIN: None ATTEST: SHEILA R. GILLIGAN, CITYYRK CITY OF PALM DESERT, IFORNIA /pa CITY COUNCIL ORDINANCE NO. 298 EXHIBIT "A" CASE NO. ZOA 03-82 Section 25.28.140 - Special Standards E. The'noise level emanating from a commercial use or operation shall not exceed five (5) dB(A), above the ambient noise level on the site. If the commercial use is adjacent or across a street or alley from a residential use or vacant residentially zoned lot and the increased ambient noise level is above 65 dB(A) CNEL at the residential lot line, the commercial operator shall provide mitigation of the noise by 5 dB(A) (if existing ambient is above 65 dB(A) CNEL or so that ambient noise level is no higher than 65 dB(A) CNEL.