HomeMy WebLinkAbout18213 - RESOLUTIONS - 11/3/1993 RESOLUTION NO. 18213
OF THE CITY COUNCIL OF THE CITY OF PALM r
SPRINGS, CALIFORNIA, APPROVING PLANNED
DEVELOPMENT PD-228 FOR A 55 LOT SINGLE FAMILY
RESIDENTIAL SUBDIVISION LOCATED ON ACANTO ROAD
EAST OF SOUTH PALM[ CANYON DRIVE, R-1-B ZONE,
SECTION 35
WIiEREAS, Mrs. Beulah M. Raehn/Raehn Family Trust, (the "Applicant")
has filed an application with the City pursuant to Section 9402 . 00
of the Zoning Code for a Planned Development District for a 55 lot
single family residential subdivision on Acanto Road east of South
Palm Canyon Drive (the "Project") ,, R-1-B Zone, Section 35; and
WHEREAS, notice of a public hearing of the Planning Commission of
the City of Palm Springs to consider Applicant's application for
Planned Development District PD-228 was given in accordance with '
applicable law; and
WHEREAS, on October 13 , 1993 , a public hearing on the application
for Planned Development District, PD-228, was held by -the Planning
Commission in accordance with applicable law; and
WHEREAS, the proposed Planned Development District PD-228 is
considered a "project" pursuant to the terms of the California
Environmental Quality Act ("C:EQA") , and a. Negative Declaration has
been prepared for this project and, had been distributed for public
review and comment in accordance with CEQA; and
WHEREAS, at the conclusion of its public hearing on October 13,
1993 , the Planning Commission adopted Resolution No. 4276,
recommending that the City Council approve Planned Development
District, PD-228, subject to the findings and conditions staged in
Resolution 4276; and
WHEREAS, notice of a public hearing of the City Council of the: City
of Palm Springs to consider .Planned Development District, PD-228 ,
was given in accordance with applicable law; and
WHEREAS, on November 3 , 1993 , a public hearing on 'the application
for ]Planned Development District, PD-228, was held by the City
Council in accordance with applicable law; and
WHEREAS, pursuant to Government. Code 65863 . 6, the City Council has
considered the effect of this Planning Development District:, PD-
228, 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 residences and available fiscal and environmental
resources; the project approval 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.
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.
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THE CITY COUNCIL HEREBY FINDS AS FOLLO'IKS:
,. 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 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. The City
Council further finds that the Negative Declaration reflects its
independent judgement.
Section 2: The City Council adopted! Resolution No. 17598 for
the Canyon Park Resort and Spa Specific Plan on
July 19, 1991 which included a Statement of
Y Overriding Considerations, Significant impacts
r which were identified included, water quality,
biology, noise, air quality and energy consumption.
The environmental impacts and mitigation monitoring
program were considered in the review of the
Project and all appropriate mitigation measures
have been incorporated as conditions of approval.
Section 3 : 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 4: Pursuant to Zoning Ordinance Section 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
conditional use permit is authorized by the City's
Zoning Ordinance.
bo 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.
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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,
Planned Development District, PD-228, is hereby approved 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 J
of a Certificate of Occupancy unless otherwise specified. III
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 3rd _day of jLOVeffLber 1993
AYES: Members Hodges, Lyons and Mayor pro tem Reller-Spurgin
NOES: Member Schlendorf
ABSENT: None r
ABSTAIN: Mayor Maryanov
ATTEST: C OF PALM SPR S11CALIFORNIA
By'--_r ��� ,, � — — —
-% City Clerk Man gei
REVIEWED & APPROVED )WE— ,
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