HomeMy WebLinkAboutOrd 1192 - ZOA 09-253 - Unconstitutional Takings—
ORDINANCE NO.
iDATE ( vl
5t5 TO MD READING
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE
AMENDMENT ADDING CLARIFYING LANGUAGE TO SECTION
25.112, EXCEPTIONS BASED ON UNCONSTITUTIONAL TAKINGS.
CASE NO. ZOA 09-253
WHEREAS, the City Council of the City of Palm Desert, California, did on the 9th
day of July, 2009, hold a duly noticed public hearing to consider modification to Section
25.112; and
WHEREAS, the Planning Commission, by its Resolution No. 2506, has
recommended approval; 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. 06-78, the Director of Community Development has determined that the
proposed clarification of the Zoning Ordinance is not a project as defined under CEQA and
no further environmental review is necessary, 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 Planning Commission, in order to mitigate potential
environmental impacts, may want to place conditions on a project when
granting of an exception based upon unconstitutional taking; and
2. Though the power to condition any approval is inherent in the various
approval processes in the Zoning Ordinance, Chapter 25.112 of the Palm
Desert Municipal Code does not explicitly permit the Planning Commission
to place such conditions; and
3. That the proposed Zoning Ordinance Amendment will not negatively
impact the public health, safety or general welfare.
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 City Council in this case.
2. That the Zoning Ordinance Text Amendment as provided in the attached
Exhibit "A" is hereby approved.
ORDINANCE NO. 1192
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 be in full force and effective thirty (30) days after its
adoption.
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this
day of , 2009, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
ROBERT A. SPIEGEL, Mayor
CITY COUNCILION
APPROVED DENIED
RECE VED OTHER /4dood
(i tVo. //,2
MEETING DATE V (97.09
AYES:t7; 2 l rz'la4Sc97.)cier/t 10, '/ (Sa/
NOES?
ABSENT: MOW
ABSTAIN? (104..�
VERIFIED BY: / J
Original on File with Ci Jerk's Office
2
ORDINANCE NO. 1192
EXHIBIT A
That Municipal Code Chapter 25.112.020 (E) shall be added, as follows:
E. The Planning Commission, upon granting an exception pursuant to this
section, may limit the scope of the exception or impose conditions to achieve
to the extent reasonably feasible the objectives of the standard or standards
to which an exception is being granted, but without constituting a taking of
property without just compensation.
3