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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 R17876 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__ M a - _ r -_-_-.I -..- -._.._..-_-_-_-.._.._ _ - y157A SUBJECT PROPERYTV CLiLA�BIC BIRD = V e C� BIRD li it a CORPORATION I BUILDING '� n �Nriauap l CITY OF PALM SPRINGS � J I ` CASE NO. TRES�CIRIIIP�TION APPLICANT r I � d 2 _ � � W-M-I I.L. I.L. � EMS TYYVe A,C 1� �WNO..w�......�..w..a W 6 /cP MPAN WAY VV-M-1-P > i11 Mlv -, NCVAN W-0-5 i I I I nmucn 9TnFCY�— iy \C\ I 3 3 1N-M I I.L. I.L. �N — 1I-c N V n _ -fl-I-C� , �.- JV-C-D-N 0 PROPOSED vR c��� 0 o 5 ZONING % N ll N-N.I-c L, ul+A /ao R-I-c /c.h4PANA P^ WAY ip / icNEVAe oR. - 3 CITY OF FALM SPRINGS CASE NQ- DESCRIPTION ; APPLICANT � J - .�� _�.