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Home My WebLink About18044 - RESOLUTIONS - 2/17/1993 RESOLUTION NO. 18044 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.062 6-PD-2 2 6/TENTATIVE TRACT MAP 27674 FOR THE PURPOSE OF GRANTING A 25% DENSITY BONUS, APPROVING A DENSITY TRANSFER AND CONVERTING AN EXISTING APARTMENT COMPLEX TO CONDOMINIUMS, LOCATED AT 1900 SOUTH PALM CANYON DRIVE, R-2 ZONE, SECTION 26 WHEREAS, Palm Canyon Apartments, (the "Applicant") has filed an application with the City pursuant to Palm Springs Municipal Code Section 9. 60, et sea. for a Planned Development District and a Tentative Tract Map for the purpose of converting an existing apartment complex to condominiums located at 1900 South Palm Canyon Drive, R-2 Zone, Section 26 (the "Project") ; and WHEREAS, the applicant has filed Case 5. 0626-PD-226 and Tentative Tract Map No. 27674 with the City and has paid the required filing fees; and WHEREAS, said Tentative Tract Map was submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comments, and requirements; and WHEREAS, said comments and requirements have been duly considered and are reflected herein; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the proposed Planned Development District 226/Tentative Tract Map No. 27674 was given in accordance with applicable law; and WHEREAS, the proposed Tentative Tract Map No. 27674 is a conversion of residential real property to a condominium project, notice was given by the City of Palm Springs to each tenant of subject property, said notice included notification of the tenants, right to appear and be heard at the noticed public hearing; and WHEREAS, on January 27, 1993, a public hearing on the proposed planned development district and subdivision was held by the Planning Commission in accordance with applicable law and all interested persons were afforded an opportunity to appear at the hearing and to express their opinions and otherwise be heard concerning the project; and WHEREAS, at the conclusion of its public hearing on January 27, 1993, the Planning Commission adopted Resolution No. 4224, recommending that the City Council approve the proposed planned development district and Tentative Tract Map 27674, subject to the findings and conditions stated in Resolution No. 4224; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider the proposed planned development district and subdivision was given in accordance with applicable law; and WHEREAS, pursuant to Government Code Section 66452.3, City staff prepared a written report recommending that the proposed subdivision be approved, and served a copy of that report upon the subdivider and each tenant of the subject property at least three (3) days prior to the aforementioned 'hearing; and Res 18044 Pg. 2 WHEREAS, pursuant to Government Code Sections 65863 . 6 and 66412.3, the City Council has considered the effect of the proposed planned development district and subdivision on the housing needs of the region in which Palm Springs is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; the approval of tho �so¢1 SnnTdivicion represents the balance of these respective needs in a manor r which is most consistent with the City's obligation pursuant to its police powers to protect the public health, safety and welfare; and WHEREAS, the proposed planned development district and subdivision are considered a 10project" pursuant to the terms of the California Environmental Quality Act (010EQA11) , and a Negative Declaration has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; 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 and all written and oral testimony presented. THE CITY COUNCIL HEREBY ]FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that 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 during 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 Project. Section 2: Pursuant to Government Code Section 66473 .5, the City Council finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, policies and general land uses and programs provided in the City's General Plan and any applicable specific plan; and Section 3: Pursuant to Government Code Section 66474, the City Council finds that with the incorporation of those conditions contained in Exhibit A on file in the City Clerk's office: a. The proposed map is consistent with the applicable general and specific plans. b. The design or improvements of the proposed subdivision are consistent with the General Plan. C. The site is physically suitable for the type of development contemplated by the proposed subdivision. Res 18044 Pg 3 d. The design of the subdivision or improvements is not likely to cause serious public health problems. Section 4: Pursuant to Government Code Section 65361 and in compliance with a conditional extension of time for 1-,iie cadi:�ipticrn c,- 1--ho Clty°s cane-cJ Plan granted Isy the State Office of Planning and Research, the City Council finds as follows: a. The project is consistent with the existing Palm Springs General Plan; and b. There is a reasonable probability that the project will be consistent with the proposed General Plan; and c. There is little or no probability that the project will be detrimental to or interfere with the future adopted General Plan if the project is ultimately' inconsistent with that plan. Section 5: Pursuant 'to Government Code Section 66452.9 the applicant has given notice sixty days prior to the filing of the tentative map to each of the tenants of the subject property. Section 6: Pursuant to the 1989 Housing Element of the General Plan of the City of Palm Springs, the applicant will designate thirty one units as affordable to low and moderate income families and provide mitigation measures to insure these units are affordable to median income families. The CC&R's or other restriction of the affordable units shall be in a form approved by the City attorney. Section 7: Pursuant to Zoning Ordinance Sections 9403 . 00B and 9402.00B, the City Council finds that: 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. 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 accommodate 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. e. The conditions to be imposed as 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. I(W Res 18044 Pg 4 /y Section 8: The City Council further finds that the proposed density bonus and density transfer are appropriate for consideration on this application as the General Plan's goals and objectives of setting aside open space, promoting conservaltion and protecting biological resources will be E.ichievedo NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, ' the City Council hereby approves Case 5.0626-PD-226/Tentative Tract Map No. 27674 subject to those conditions set forth in Exhibit A on file in the City Clerk's office, which are to be satisfied, prior to the issuance of a Certificate of Occupancy unless other specified. ADOPTED this 17thday of February 1993. AYES: Members Lyons, Hodges, Reller-Spurgin, Schlendorf & Mayor Maryanov NOES: None ABSENT: None ATTEST: CIT OF PALM a^PRINN ikLIFORNIA `-City Clerk y Ma.nage REVIEWED & APPROVED ( I t VICINITY MAP a w f N Z Z O PROJECT a "VERNE EAST PALM CANYON DRIVE LOCATIONQ O GANYON Oa�VE PkAl Y I W Ir a Z O PROJECT SITE U a vi I CITY OF PALM SPRINGS LAPLLCANT E NO. 626-PD-226/TTM 27674 DESCRIPTION Planned Development Distr ct Palm Canyon Apartments & Tentative Tract Map to Convert Apartment to Condominiums, 1900 S. Palm Canyon, R-2 Zone, Section