HomeMy WebLinkAbout17876 - RESOLUTIONS - 6/17/1992 RESOLUTION NO. 17876
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, GRANTING, SUBJECT TO THE
CONDITIONS STATED, CONDITIONAL USE PERMIT NO
5. 0599 TO EQUILINK, FOR A NEIGHBORHOOD
SHOPPING CENTER LOCATED ON THE SOUTHEAST
CORNER OF VISTA CHINO/GENE AUTRY TRAIL, M-1-P
PONE, SECTION 7,
WHEREAS, Equi.link, (the "Applicant") has filed an application with
the City jursuant to Section 9402.00 of the Zoning Code for a
Conditional Use Permit for a neighborhood shopping center (the
Project) , located on the southeast corner of Vista Chino/Gene Autry
Trail, M-1-P Zone, Section 7; and
WHEREAS, notice of a public hearing of the Planning Commission of
i the City of Palm Springs to consider Applicant's application for
Conditional Use Permit No. 5. 0599 was given in accordance with
applicable law; and
WHEREAS, on April 22 , 1992 and May 27, 1992, a public hearing on
the application for Conditional Use Permit No. 5. 0599 was held by
the Planning CC1Millission in accordance with applicable law; and
WHEREAS, the proposed Conditional Use Permit No. 5. 0599 is
considered a "project" pursuant to the terms of the California
Environmental Quality Act ("CEQA") ; and a Negative Declaration has
been prepared for this project and has been distributed for public
review and coxotlent in accordance with CEQA; and
•_' WHEREAS, at the conclusion of its public hearing on May 27, 1992,
the Planning Commission adopted Resolution No. 4195 recommending
that the City Council approve Conditional Use Permit No. 5.0599
subject to the findings and conditions stated in Resolution No.
4195; and
WHEREAS, notice of a public hearing of the City Council of the City
of Palm Springs 'to consider Conditional Use Permit No. 5. 0599 was
given accordance with applicable law; and
WHEREAS, on June 17, 1992, a public hearing on the application for
Conditional Use Permit No. 5.0599 was held by the City Council in
accordance with applicable law; and
WHEREAS, the City Council has carefully reviewed and considered all
of the evidence presented in connection with the hearing on the
Project, including but not limited to the staff report, all
environmental data including the initial study, the proposed
Negative Declaration and all written and oral testimony presented.
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
' Section 1: Pursuant to CEQA, the City Council finds as
follows:
a. The final Negative Declaration has been completed in
compliance with CEQA, the State CEQA Guidelines, and the
City's CEQA procedures contained in the City's CEQA
' Guidelines. The City Council has independently reviewed and
considered the information contained in the Negative
Declaration and finds that it adequately discusses the
significant environmental effects of the proposed Project, and
that, on the basis of the initial study and comments received
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Page 2 r
diuving the public review process, there is no substantial
evidence that there will be any significant adverse
environmental effects as a result of the approval of this
Proj Lot because mitigation measures identified in the Negative
Declaration have been incorporated into the Project which
mitigate any potential significant environmental effects to a
point where clearly no significant environmental effects will
occur as a result of the Project. The mitigation measures
adopted are identified as conditions to Project Approval.. The
City Council further finds that the Negative Declaration
reflects its independent judgment.
Section 2 : Pursuant to Zoning Ordinance Section 9402.00, the
City Council finds that:
a. The use applied for at: the location set: forth in the
application is properly one for which a conditional use permit
is authorized by the City's Zoning Ordinance. r
b. The use applied for 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.
C. The site for the intended use is adequate in size and shape to
accouffnadate said use, including yards, setbacks, walls or
fences, landscaping and other features required in order to
adjust said use to those existing or permitted future uses of
the land in the neighborhood.
d. The site for the proposed use relates to streets and highways
property designed and improved to carry the type and quantity
of traffic to -be generated by the proposed use.
C. The conditions to be imposed and shown on the approved site
plan are deemed necessary to protect 'the public health, safety
and general welfare, including any minor modifications of the
zone's property development: standards.
NOW, THEREFORE, BE IT RESOLVED that, based upon the
foregoing, the City Council hereby orders filing of the Negative "
Declaration and approves Conditional Use Permit No. 5. 0599 subject
to those conditions set forth :in ]Exhibit A on file in the office of
the City Clerk, which are to be satisfied prior to issuance of a
Certificate of Occupancy unless otherwise. specified.
Section 1: Pursuant to Government Code Section 65863 . 5, the
City Clerk shall, within 30 days from the adoption
of this Resolution, notify the County Assessor of
said action.
ADOPTED this 17th Y day of June , 19,92 .
AYES;: Councilmembers Hodges, Lyons, Schlendorf and Mayor Maryanov
NOES: None
ABSENT: Councilrnember Reller y
ATTEST,. CITY OF PALM SPR,WG ,�CALI:FORNIA
By
C ty Clerk city Manager ,
REVIEWED & APPROVED__
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