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HomeMy WebLinkAboutOrd 1278 - CZ 14-190 - APN 640-370-016ORDINANCE NO. 1278 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF ZONE FROM OFFICE PROFESSIONAL (O.P.) TO PUBLIC (P) FOR A VACANT PROPERTY LOCATED AT 72-565 HIGHWAY 111, ALSO KNOWN AS APN 640-370-016 CASE NO: CZ 14-190 WHEREAS, the City Council of the City of Palm Desert, Califomia, did on the day of November, 2014, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above noted; and WHEREAS, the Planning Commission by its Resolution No. 2634 has recommended approval of Case No. CZ 14-190; and WHEREAS, according to the Califomia Environmental Quality Act (CEQA), the City must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project is exempt from CEQA review. If a project is not exempt, further environmental review is necessary. The City of Palm Desert (City), in its capacity as the Lead Agency has determined that the change of zone will not result in a direct or indirect physical change to the environment; therefore it is not a project under CEQA. Any future construction on the vacant property will require a development application and environmental study for any impacts from a specific project. The application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2014-41, in the Director of Community Development has determined that the proposed project is a Class 1: Existing Facilities (15301) Categorical Exemption for purposes of CEQA and no further 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, which are outlined in the staff report reasons to approve the said request: 1. The land use resulting from the change of zone will be consistent with the Entrada Del Paseo Master Plan. 2. The change of zone will provide accurate zoning for the development of the .68-acre site for future public use. 3. That the proposed change of zone will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the vicinity. ORDINANCE NO. 1278 WHEREAS, the City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, AS FOLLOWS: SECTION 1: That a portion of Ordinance No. 107 referencing Section 25.46.1 of the Zoning Ordinance, the Zoning Map (Chapter 35.46 of the Palm Desert Municipal Code) is hereby amended to read as shown on the attached Exhibit "A". SECTION 2: 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, Califomia, 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 day of November, 2014, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, MAYOR ATTEST: RACHELLE KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA \\SRV-FIL2K31groups\Planning\Tony Bagato\Staff Reports\CZ\14-190 Entrada del Paseo\CCORD.docx 2