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Home My WebLink About2006-09-06 STAFF REPORTS 2E ?ALM sp ti ti c U v City Council Staff Report T �0lT',,010v c'�<rpogN�4� DATE: September 6, 2006 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1698 AMENDING SECTION 94.06.01 OF THE PALM SPRINGS ZONING CODE ESTABLISHING NEW FINDINGS FOR A MINOR MODIFICATION FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1698. RECOMMENDATION: Waive further reading and adopt Ordinance No. 1698, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 94.06.01 OF THE PALM SPRINGS ZONING CODE ESTABLISHING NEW FINDINGS FOR A MINOR MODIFICATION." STAFF ANALYSIS: At its July 26, 2006, meeting the City Council introduced on first reading the proposed ordinance. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. ?es Thompson David HReady erk City Manager Attachment: Ordinance No. 1698 Item 2 . E . ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS AMENDING SECTION 94.06.01 OF THE PALM SPRINGS ZONING CODE ESTABLISHING NEW FINDINGS FOR A MINOR MODIFICATION. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS: SECTION 1, Subsection B2 of Section 94.06-01 of the Palm Springs Zoning Code is amended to read: 2. Before the Director may approve a minor modification pursuant to the provisions of subsections A.9 through A.12 of this Section, the Director shall find, based on evidence presented, that the modification as approved will not have any detrimental effect on neighboring properties. Before the Director may approve a minor modification pursuant to the provisions of AA through A.8 of this Section, the Director shall make all of the following findings, based on evidence presented: a, The requested minor modification is consistent with the General Plan, applicable Specific Plan(s) and overall objectives of the zoning ordinance; b. The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor modification; c. The approval or conditional approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity; and d. The approval of the minor modification is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood. The Director shall make the decision in writing within five (5) days after the filing of a complete application or after approval of the planning commission. One (1) copy shall be mailed to the applicant and one (1) copy shall be filed with the Chair of the Planning Commission and the Director. SECTION2. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. Ordinance No. Page 2 PASSED AND ADOPTED THIS DAY OF 2006. AYES: NOES: ABSTAIN: ABSENT: ADOPTED this—th day ofJuly, 2006. RON ODEN, MAYOR ATTEST: City Clerk CERTIFICATION: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. _ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on and adopted at a regular meeting of the City Council held on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California ")I,'" ,PI;I_` �•-- I '_D PROOF OF PUBLICATION This is space 'r' C�I'or County Clurk's Filmy Stamp (2015.5.C.C.P) ms SiDD 15 i-"iii L"= -aKL-S I ;'0' �ify C: E STATE OF CALIFORNIA County of Riverside No. ORDINANCE NO. 1698 AN ORDINANCE OF THE CITY OF PALM THEIPA M PRINGSGS OZONING CODE.ESTAOF 1 am fl Citizen of the United States and a resident Of LSHINO NEW FINDINGS FOR A MINOR MDDI- the County aforesaid; I am over the age of eighteen FICATION years,and not a party to or interested in the THE CITY COUNCIL. OF THE CITY OF PALM i above-entitled manor,I am the principal clerk of a SPRINGS ORDAINS: SECTION 1. Subsection 132 of Suction-94 011 printer of the,DESERT SUN PUBLISHING of the Palm Springs Zoning Code i5 amended to COMPANY a newspaper of general circulation, reed: printed and published in the city of Palm Springs, 2.Before the Director may approve a minor modi- Ticatlon pursuant to the provisions of subsections i County of Riverside,and which newspaper has been A.9 throu h A.12 of INS Section, the Director J adjudged a newspaper of eneral circulation b the shall dnd,�aas on evidence presented,that me J gg y m all f ri tlon se approved will not have any detrl- Sn Superior Court of the Count of Riverside,State or mentai effect on neighboring properties._Before 1 p y the Clreetor may approve a minor modification California under the date of March 24, 1989.Case pursuant m the prov(slonc of A.4 through AS of this Section, the Director shall make all of the fol- Number 191236;that the notice,of which the lowing findings, based on evldancp presented. annexed is a printed copy(set in type not smaller a The requosted minor modi5caton is conulstent than non ariel,has been published in each regular with the General Plan, applicable Specific Plan(s) P p and overall objectrves o the toning ordinance; and entire issue of said newspaper and not In any b.Thu netghboring properties will not he advaree- supplement thereof on the following dates,to Wit: ly affected as a reedit of the approval or condi- tional approval of the minor modification; SC tember 9"',2006 c The appproval or conditional approval of the ml- p nor me cation will not be detrimental to the _„- ----- —------- health,safety or general welfare of por•ions resid- - ing or working on the sire or in me vicinity: and d The approval of the minor modification Is justi- fied by environmental foatures situ conditions,lo- All in the Cal'2006 cation of existing improvemunls,or historic devcl- y opment patterns of the property or neighborhood. The Director shall make the decision in wrltinrt 1 certify(or declare)under penalty of perjury that the within five (5) days after the filing of a complete application or after approval of the plannlnp com- foregoing is true and correct. mission. one (1) copy shall be malted to the ap- plicant and one (1) coppy shall be filed with the Chair of the Planning Corrmtlaslan and the Direc- Dated at Palm Springs,California this---- 120',----day or. SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passige and adoption of of---------S em -----------^------,2006 this Ordinance and shall cause the same, or the summary thereof, to be pubilshod and pouted puree nt to The take effect`ns of law and this Ordi- try (30) days after pas- sage. ADOPTED thin 6th day of September,2006. Signature ATTEST MAYOR City Clark CERTIFICATION: STATE OF CALIFORNIA) COUNTY OF RIVERSIDE 1 ss. CITY OF PALM SPRINGS) r� I JAMES THOMPSON, Clty Clerk of the Cl ty of r7 Palm Springgs, California, tlo horctly certify that Ordinance No, less Is a full, true, and correct copy,and was introduced at a atlioumed regular meetlnpp of the Palm Springs City CCouncil on July 20,20 6 and adopted at s regular meeting of the City Council held on September 6, 2006, by the following vote! AYES: Councllmember's McCulloch Mills, Poug- net, Mayer Pro Tern Foal, and Mayor Oden NOES:None. ABSENT:None. ABSTAIN:None. James Thompson City Clerk City of Palm Springs, California Puhllsli 9/9/2006 ,