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HomeMy WebLinkAboutPC Resolution _4861- Case 5.0658 PD 78RESOLUTION NO. 4861 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING APPROVAL TO CITY COUNCIL OF PD - 78 (AMENDED) AND RELATED ARCHITECTURAL APPROVALS FOR THE CONSTRUCTION OF 43 CONDOMINIUM UNITS LOCATED AT 2901 SOUTH PALM CANYON DRIVE, ZONE PD-78, SECTION 34. WHEREAS, World Development (the "Applicant") has filed an application with the City pursuant to Palm Springs Municipal Code Section 9.60 for approval of Case 5.0958- PD - 78 (Amended) to construct 43 condominium units located at 2901 South Palm Canyon Drive, Zone PD - 78, Section 34; and WHEREAS, notice of the public hearing of the Planning Commission of the City of Palm Springs to consider Case 5.0958 - PD - 78 (Amended) was given in accordance with applicable law; and WHEREAS, on July 9, 2003, a public hearing on the application for the Case 5.0958- PD - 78 (Amended) was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEAQ°), and NHEREAS, the Environmental Impact Report prepared for Planned Development District 78, has oeen previously prepared for this project, distributed for review for public review and comment and approved by the Planning Commission and the City Council in compliance with the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the meeting on the Project, including but not limited to the staff report, all environmental data including the environmental assessment prepared for the project and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the Planning Commission finds that the Environmental Impact Report previously approved by City Council in the approval of PD-78 adequately addresses the general environmental setting of the proposed Project and its significant environmental impacts. Additionally, the Final Environmental Impact Report that was prepared for the Canyon Park Resort and Spa Specific Plan project that was certified and adopted on July 19, 1994 is in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. Further, the FEIR, MND, and current EIR Addendum for Case No. 5.5076-SP-1A (Canyon South Specific Plan #1A Revisions) adequately addresses the general environmental setting of the proposed project, its significant environmental impacts, and the alternatives and mitigation measures related to each significant environmental effect fo the proposed project. Section 2: Pursuant to Section 94.03.00 of the Zoning Ordinance, the Planning Commission finds that the incorporation of those conditions attached in Exhibit A: The use applied for at the location set forth in the application is properly 'one for which a Planned Development District is authorized by the City's Zoning Ordinance. A previously approved Planned Development District 78 allows the use of multi -family housing at the site. The use of the site is also consistent with the underlying zoning designation included in Specific Plan #1. The use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The use of a condominium housing project is clearly defined in Canyon Park Resort and Spa Resort Specific Plan No. 1 Amendment, approved by City Council January 19, 1994, indicating Planning Area 16 (Canyon Heights) entitlement for multi -family units. The site is adequate in size and shape to accommodate said use, including yards, setbacks, wall or fences, landscaping, and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The site is adequate in size and shape to accommodate the use of forty-three (43) multi- family housing units. Of the 11.3 acre site, 27.5% is devoted to buildings, 6.9% to paving and 65.6% is devoted to landscaping, open space and recreation area. The proposed project is in keeping with the intent of the previously approved PD - 78 in which the project statement proclaims, "Generous open spaces have been created around large rock outcroppings ... It is the planner's intent that the open spaces be maintained in their natural state." Recreational facilities have been specifically designed to incorporate rock outcroppings and to use the natural environment as an asset to the site plan. Placement of units have been relocated in order to avoid further grading as much as possible and utilize the aspects of the natural terrain within the project's landscaping concept. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. Access to the site is provided by an existing private street constructed in the first phase of the development. Engineering staff has provided conditions of approval to incorporate necessary improvements off -site but adjacent to the Canyon Heights project on South Palm Canyon Drive. Original conditions of approval associated with the first phase of construction have been reviewed by staff for consistency and conformity to the proposed project's site plan. Necessary changes have been addressed as Engineering Conditions of Approval in Exhibit A. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety, and general welfare and may include minor modifications of the zone's property development standards. All proposed conditions of approval are necessary to ensure public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVEDthat, based upon the foregoing, the Planning Commission hereby recommends that the City Council approve the amendment to PD - 78 subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED THIS 9th day of July, 2003. AYES: Marantz, Grence, Matthews, Hochanadel, Wright NOES: Conrad ABSENT: ABSTENTIONS: Shoenberger ►.XIM''l CITY OF PALM SPRINGS, CALIFORNIA Planning Commission Chairm Planning Commission Secretary