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HomeMy WebLinkAbout18200 - RESOLUTIONS - 10/20/1993RESOLUTION NO. 18200 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA., GRANTING, SUBJECT TO THE i CONDITIONS STATED, CONDITIONAL USE PERMIT NO. 1 5.0646, SUNRISE SQUARE PARTNERS, TO EXPAND AND REMODEL THE EXISTING SHOPPING CENTER FOR A NEIGHBORHOOD SHOPPING AND CONVENIENCE COMMERCIAL CENTER LOCATED AT THE NORTHWEST CORNER OF VISTA CHINO AND SUNRISE WAY, C-D-N ZONE, SECTION 2. WHEREAS, Sunrise square Partners, (the "applicant"') has filed an application with the City pursuant to Section 9402.00 of the Zoning Code for a Conditional Use Permit to expand and remodel, the existing shopping center for a neighborhood shopping and convenience commercial center located at the northwest corner of Vista Chino and Sunrise Way, C-D-N Zone, Section 2; and WHEREAS, notice of a public hearing of the Planning Commission of •� the City of Palm Springs to consider Applicant's Application for Conditional Use Permit No. 5.0646 was given in accordance with ' applicable law; and i WHEREAS, on September 22, 1993„ a public hearing on 'the application for Conditional Use Permit No. 5.0646 was held by the Planning } Commission in accordance with applicable law; and WHEREAS, the proposed Conditional Use Permit No. 5.0646 is considered a "project" pursuant to the terms of the California Environmental Quality Act (110EQA11); 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, at the conclusion of its public hearing on September 22, ' 1993, the Planning Commission adopted Resolution No. 4273, recommending that the City Council approve Conditional Permit No. 5.0646 subject to the findings and conditions stated in Resolution No. 4273; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Conditional Use Permit No. 5.0646 was given in accordance with applicable law; and WHEREAS, on October 20, 1993, a public hearing on the application for Conditional Use Permit No. 5.0646 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: r Section 1: Pursuant. to CEQA, the City Council finds as follows: 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 11[b]ecause mitigation measures identified in the: Negative Declaration have been incorporated into the Project which mitigate any R18200 Page 2 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 in the conditions of approval. The City Council further r finds that the Negative Declaration reflects its independent judgement. Section 2: A mitigation monitoring program has been adopted pursuant to Public Resources Code Section 21081.6 in order to assure compliance with the above referenced mitigation measures are included as conditions of approval. Section 3: 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 F 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 properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. e. 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 approves Conditional Use Permit No. 5.0646 subject to those conditions set forth in Exhibit A, as on file in the office of the City Clerk which are to be satisfied prior to the ` 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 20th day of October 1993 r AYES: Members Hodges, Lyons, Keller-Spurgin, Schlendorf and Mayor Maryanov NOES: None • ABSENT: None ATTEST: CITY PALNd SPR GS,LIFORNIA Bv City Clerk y Manage REVIEWED & APPROVED rAe %W 3