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Home My WebLink About18156 - RESOLUTIONS - 7/28/1993 RESOLUTION NO. 18156 •, r OF THE CITY COUNCIh OF THE CITY OF PALM SPRINGS, CALIFORNIA., OVERRULING THE PLANNING COMMISSION DENIAL OF CASE 5. 0631-PD-227 FOR A COMMUNITY SHOPPING CENTER LOCATED ON THE � SOUTHEAST CORNER OF VISTA CHINO ROAD/SUNRISE WAY, P/RGA (6) ZONES, SECTION 1.2 WHEREAS, the City Council has received a timely written appeal by Dan Summers on behalf of P. S. Center Ltd. requesting that the � Council overrule the Planning Commission decision to deny Case 5 . 0631-PD-227 for a Planned Development District in Lieu of Zone Change for a community shopping center, located on the southeast Y corner of Vista Chino Road/Sunrise Way; and WHEREAS, the Planning Commission considered the application at a 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, the subject property and the application comply with property development standards of the Community Shopping Center district; and + WHEREAS, the City Council finds that the proposal is consistent with the General Plan designation of CSC (Community Shopping Center) . NOW THEREFORE BE IT RESOLVED after due consideration of all evidence provided, including plans and all other written and oral testimony, the City Council finds as follows: 1e 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 adequatel,r 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 this Resolution. The City Council further finds that the Negative Declaration reflects its independent judgment. 2 . The Final Environmental Impact Report for the City-wide General Plan Update considered the shopping center use for the subject property. Res. No. 18156 Page 2 3 . 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 r during Project implementation. These mitigation monitoring measures are included in the Conditions of Approval of this Project as outlined in Exhibit A of this Resolution. 4 . Pursuant to Government Code Section 65863 . 6, the City Council has considered the effect of this Planned Development District, PD•-227, 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 project approval embodied herein, moreover, represents a balance of these respective needs which is roost consistent with the City's obligation pursuant to its police powers to protect the public health, safety and welfare; and BE TT FURTHER RESOLVED, based upon the foregoing findings, the City Council determines pursuant to Zoning ordinance section 9403 . 00 that. Ir 1. 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 C"ity's Zoning ordinance. 2 . The proposed shopping center is necessary for the development of the northern portion of the community as that area north of Tahquitz Canyon Flay is currently served by only one center/supermark_et and yet that area contains a large portion of the City's residential population. 3 . The proposed shopping center is consistent with the General Plan and in harmony with the various elements/objectives of the General Plan; and the use, subject ' to conditions, is not detrimental to existing or future uses. 4 . The site for the proposed shopping center is served by Vista Chino and Sunrise array which are major thoroughfares properly designed to carry the type and quantity of traffic to be generated by the center and that the conditions of approval to be imposed on the Project will further improve the carrying capacity of Vista Chino, Sunrise Flay and Cerritos Road, 5. The conditions to be imposed are deemed necessary to protect: the paiblic health, safety and general welfare, including any minor modifications of the property's existing development standards. v i Res. No. 18156 ' Page 3 r BE IT FURTUR RESOLVED that, based upon the foregoing, the City Council hereby approves of the Planned Development District PD-227, subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the issuance of certificates of occupancy unless otherwise specified. M ADOPTED this 28th flay of' _ ,lulu - 1993 . AYES: Members Hodges, Lyons, Reller-Spurgin, Schlendorf, and Mayor Maryonav NOES: None ABSENT: None ATTEST: CITY SPRINGS-> ]CFORNIA City Clerk City Mana. er Y REVIEWED & APPROVED��_.�_��i r r f 1 1� Y 1