HomeMy WebLinkAboutORD 901ORDINANCE NO. 901
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT AS IT
RELATES TO MUNICIPAL CODE SECTION 25.82.060 AND 25.84.080,
ACTION BY THE CITY COUNCIL.
CASE NO. ZOA 98-6
WHEREAS, the City Council of the City of Palm Desert, California, did on the 12th
day of November, 1998, hold a duly noticed public hearing to consider the above noted
zoning ordinance amendment; and
WHEREAS, the Planning Commission of the City of Palm Desert has recommended
approval pursuant to its Resolution No. 1901; 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. 97-18" in that the Director of Community Development has determined the amendment
to be a class 5 categorical exemption for the purposes of CEQA; 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 approval of said 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
Flan and applicable 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 findings of
the City Council in this case.
2. That Zoning Ordinance Amendment 98-6 attached hereto as Exhibit "A" is
hereby approved.
ORDINANCE NO. 901
PASSED, ADOPTED and APPROVED at a regular meeting of the Palm Desert City
Council, held on this 10th day of December, 1998, by the following vote, to wit:
AYES: BENSON, CRITES, FERGUSON, KELLY, SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE r
ROBERT A. SPIEG L, Iq y r
ATTEST:
9FIEILA R. GILLIGAN, Ci,t,(//Clerk
City of Palm Desert, Ca ' rnia
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ORDINANCE NO. 901
EXHIBIT "A"
Section 1
That Section 25.82.060 "Action by the City Council" be amended to read as follows:
"25.82.060 Action by the City Council.
The city council shall hold at least one public hearing on the
proposal within 40 days after receipt of the report of the planning
commission. The hearing shall be set and notice given as prescribed in
Section 25.86.010. Within twenty-one days following the closing of
the public hearing, the council shall make a specific finding as to
whether the change is consistent with the objectives of this title. If the
council finds that the proposal or a modified amendment is consistent,
it shall introduce an ordinance amending the zoning ordinance text. If
the council shall find that the proposal is not consistent, it shall deny
the proposal pursuant to a resolution of denial. (Ord. 99 § 1 (part),
1975:Exhibit A § 25.39-7.06)"
Section 2
That Section 25.84.080 "Action by the City Council" be amended to read as follows:
"25.84.080 Action by the City Council.
The city council shall hold at least one public hearing on an
application within forty days after the receipt of the resolution or report
by the commission; provided, that no hearing shall be held on an
application which has been denied by the commission unless an appeal
is filed. The hearing shall be set and notice given as prescribed in
Section 25.86.010. Within twenty-one days following the close of a
public hearing, the council shall make a specific finding as to whether
the change is consistent with the objectives of this title. If the council
finds that the proposal or a modified amendment is consistent, it shall
introduce an ordinance amending the zoning map: If the council finds
that the change is not consistent, it shall deny the application pursuant
to a resolution of denial. (Ord 99 § 1 (part), 1 975:Exhibit A § 25.39-
8.08)"
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