HomeMy WebLinkAboutORD 980ORDINANCE NO. 980
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AND CHANGE OF
ZONE FROM R-1 12,000 TO PR-3/OPEN SPACE AT THE
NORTHEAST CORNER OF TAMARISK ROW DRIVE AND
COUNTRY CLUB DRIVE.
CASE NO. C/Z 00-05
WHEREAS, the City Council of the City of Palm Desert, California, did on the 22nd
day of February, 2001, hold a duly noticed public hearing to consider the request of ABD
Palm Desert 118, LLC, for approval of the above; 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. 00-24," in that the Director of Community Development has determined that the project
will not have a significant impact on the environment and a 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 granting approval of said change of zone:
1. The land use resulting from the change of zone would be compatible with
adjacent existing land uses.
2. The density resulting from the change of zone would not be incompatible with
densities permitted in the adjacent areas.
3. The proposed change of zone will not depreciate property values, restrict the
lawful use of adjacent properties or threaten the public health, safety or
general welfare.
4. The PR-3/open space zoning designation will be consistent with the General
Plan as amended.
WHEREAS, California law provides the operative date of an ordinance may be made
contingent upon the occurrence of a future event; and ,
WHEREAS, it is the intention of City that this Ordinance shall become effective thirty
(30) days after the date of its adoption, but shall not become operative until the date of
recordation of a grant deed conveying title to the Property from the existing owner of the
Property, Palm Desert (Riverside) PIP, L.P. to ABD Palm Desert 118, LLC ("ABD Palm
Desert") is recorded in the Official Records of Riverside County (the "Grant Deed
Recordation Date").
ORDINANCE NO. 980
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert,
California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the council in this case.
2. That a Negative Declaration of Environmental Impact, Exhibit "A", and C/Z 00-
05, Exhibit "B", are hereby approved.
3. That 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 take
effect thirty (30) days after the date of its adoption; provided, however, this
Ordinance shall only become operative upon the Grant Deed Recordation Date.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 12th day of April , 2001, by the following vote, to wit:
AYES: BENSON, CRITES, KELLY, SPIEGEL, FERGUSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
EST:
SHEILA R. GIWGAN, ,gty Clerk
City of Palm Desert, t2lalifornia
2
ORDINANCE NO. 980
EXHIBIT A
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the
California Code of Regulations.
NEGATIVE DECLARATION
CASE NO.: C/Z 00-05
APPLICANT/PROJECT SPONSOR: ABD Palm Desert 118, LLC
16830 Ventura Boulevard, Suite 401
Encino, CA 91436
PROJECT DESCRIPTION/LOCATION:
A change of zone from R-1 12,000 to PR-3/open space at the northeast corner of Tamarisk
Row Drive and Country Club Drive.
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
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
potentially significant effects, may also be found attached.
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CITY OF PALM DESERT Case No. c/z 00-5
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CITY COUNCIL
ORDINANCE NO?8(
Date April 12, 2001