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HomeMy WebLinkAbout18144 - RESOLUTIONS - 7/21/1993 RESOLUTION NO. 18144 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERRULING THE PLANNING , COMMISSION DENIAL OF AN AMENDMENT TO THE GENERAL PLAN FROM "P" PROFESSIONAL TO "CSC" COMMUNITY SHOPPING CENTER (CASE 5. 0638-GPA) FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF VISTA CHINO ROAD/SUNRISE WAY, P/RGA (6) ZONES, SECTION 12 WHEREAS, the City Council has received a timely written appeal by ri Dan Summers on behalf of P. S. Center Ltd. requesting that the 1 Council overrule the Planning Commission decision to deny Case y� 5. 0638-GPA for a General Planned Amendment to CSC Community Shopping Center for property located on the southeast corner of Vista Chino Road/Sunrise Way; and �.. WHEREAS, the Planning Commission considered the application at a 1 duly noticed meeting held on June 9, 1993 ; and _ WHEREAS, the Planning Commission denied the application on the basis that the proposal was not consistent with the General Plan, that there is no demonstrated need for designating the :subject property commercial, and that adequate property is already designated for commercial usage along the Vista Chino corridor; and WHEREAS, P. S. Center Ltd. has also filed a request for a Planned Development District for a community shopping center; and WHEREAS, the proposed General Plan Amendment, :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 comment in accordance with CEQA; and WHEREAS, pursuant to Government Code Section 65863 . 6, the City Council has considered the effect of this General Plan Amendment, 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 y resources; the project approval embodied herein, moreover, represents a balance of these respective needs: 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 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 stuff 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 r Res. No. 18144 Page 2 • 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 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 are adopted in the Conditions of Approval of this Project as outlined in Exhibit A of the Resolution approving the Planned Development District. The City Council further finds that the Negative Declaration reflects its independent judgment. ' b. The Final Environmental Impact Report for the City-wide _ General Plan Update considered the shopping center use for the subject property. r Section 2 : A Mitigation Monitoring Program will be adopted pursuant to Public Resources Code Section 21081. 6 in order to assure compliance with the above-referenced mitigation measures during Project implementation. These mitigation monitoring measures are included in the Conditions of Approval of this Project r as outlined in Exhibit A of the Resolution approving the Planned Development District-227 . Section 3 : Pursuant to Government Code Sections 65353 and 65354 , the City Council finds that: a. Adequate notice of the public: hearing for the proposed General Plan amendment was given and all interested parties 1 were given the opportunity for input at the public hearing held. b. That the CSC designation on this property is necessary and desirable for the continued orderly development of the community. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves the General Plan Amendment to "CSC" Community Shopping Center on the property described herein. ADOPTED this 21st day of July 1993 . AYES: Members Lyons, Reller-Spurgin, Schlendorf and Mayor Maryanov NOES: Member Hodges ABSENT: None - ATTEST,: CITY F PALM SPRI G , CC�ALIFORNIA By City Clerk i y anag REVIEWED & APPROVEDfi^� r