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HomeMy WebLinkAboutORD 428ORDINANCE NO. 428 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT REGARDING DEVELOPMENT IN HILLSIDE AREAS OF COMMERCIAL AND INDUSTRIAL ZONES. Case No. ZOA 85-1 WHEREAS, the City Council of the City of Palm Desert, California, did on the 11 th day of July, 1985, hold a duly noticed public hearing to consider a zoning ordinance text amendment relating to the prohibition of construction, development or use in hillside areas of commercial or industrial zones; and WHEREAS, the planning commission by Resolution No. 1037 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, therefore, no further documentation is deemed necessary; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all 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. 3. That the zoning ordinance amendment would better serve the public health, safety and general welfare. 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 approve a zoning ordinance text amendment per the attached exhibit 'A.' 3. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Post, 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 11 th day of July, 1985, by the following vote, to wit: AYES: BENSON, JACKSON, WILSON, KELLY & SNYDER NOES: NONE ABSENT: NONE ABSTAIN: NONE WALTER H. SNYDER,-Maygf .A-TTEST: SHEILA R. GILL AN, City C k City of Palm Desert, California AM ORDINANCE NO. 428 EXHIBIT 'A' CASE NO. ZOA 85-1 Section 25.26.020 is hereby added: 25.26.020 RESTRICTION OF HILLSIDE USE IN ALL COMMERCIAL ZONES: In all commercial zones, no construction, develop be permitted in the hillside areas of the City of Valley Channel and southwest of Highway Ill. H defined as that portion of the land lying above thi Toe of the slope is designated as a line where the valley floor. The location of the toe of the slope planning commission. Areas located below the 1 floor may be otherwise developed as permitted ur the ordinance of the City of Palm Desert. vent, or use of any type or nature shall Palm Desert located west of the Palm Ilside for the purpose of this section is toe of the slope and extending upward. lowest part of the slope intersects the shall be determined in each case by the x of the slope adjacent to the valley Jer the then existing zoning requests of A copy of the conditional use permit and/or precise plan containing a map of the parcel indicating the location of the toe of the slope and the portion of the property determined to be hillside shall be approved and accepted by the applicant in writing and the same shall be recorded in the County Recorder's office in the County of Riverside and such hillside determination shall be binding upon all future owners of the property. Section 25.28.040 C is hereby added: 25.29.040 C: Any permitted use set forth in 25.28.020 and any conditional uses as set forth in 25.28.030 when such parcel contains any hillside area as set forth in 25.26.020. Section 25.32.020 is hereby added: 25.32.020 RESTRICTION OF HILLSIDE USES IN ALL INDUSTRIAL ZONES: In all industrial zones, no construction, development, or use of any type or nature shall be permitted in the hillside areas of the City of Palm Desert located west of the Palm Valley Channel and southwest of Highway 111. Hillside for the purpose of this section is defined as that portion of the land lying above the toe of the slope and extending upward. Toe of the slope is designated as a line where the lowest part of the slope intersects the valley floor. The location of the toe of the slope shall be determined in each case by the planning commission. Areas located below the toe of the slope adjacent to the valley floor may be otherwise developed as permitted under the then existing zoning requests of the Ordinance of the Cityof Palm Desert. A copy of the conditional use permit and/or precise plan containing a map of the parcel indicating the location, the toe of the slope, and the portion of the property determined to be hillside shall be approved and accepted by the applicant in writing and the same shall be recorded in the County Recorder's office in the County of Riverside and such hillside determination shall be binding upon all future owners of the property. Section 25.34.050 (C) is hereby added: 25.34.050 C: Any permitted use set forth in 25.28.020 and any conditional uses as set forth in 25.34.030 or any accessory uses as set forth in 25.34.040 when such parcel contains any hillside area as set forth in 25.32.020. ORDINANCE NO. 428 Section 25.030.026 is hereby added: 25.30.026 PROHIBITED USES: Any permitted use set forth in 25.30.020 and 25.30.025 when such parcel contains any hillside area as set forth in 25.26.020.