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HomeMy WebLinkAbout18394 - RESOLUTIONS - 6/1/1994 RESOLUTION NO. 18394 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT TO PLANNED DEVELOPMENT DISTRICT NO. 58 SUBJECT TO CONDITIONS STATED, FOR A DINNER THEATER, ENTERTAINMENT ADDITIONS AND HOTEL RENOVATIONS IN A BLOCK BOUNDED BY E. PALM CANYON DR. , , CHEROKEE WAY, SEVEN LAKES DR. , AND LINDEN WAY, R-G-A (8) ANI) R-3 ZONES, SECTION 30. WHEREAS, The Gene Autry Hotel, (the "Applicant") has filed an application with the City pursuant to Section 9402 . 00 of the Zoning Code to amend Planned Development District, PD-58, to allow construction of a dinner theater, entertainment additions and hotel renovations located in a block bounded by E. Palm Canyon Drive, Cherokee Way, Seven Lakes Drive and Linden Way, R-G-A (8) and R-3 Zones, Section 30; 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 Amendment, PD-58, was given in accordance with applicable law; and WHEREAS, on May 11, 1994 , a public hearing on the application for Planned Development District Amendment, PD-58 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed Planned Development District Amendment, PD- 58, is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA") ; and a Mitigated ' 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 May 11, 1994, the; Planning Commission adopted Resolution No. 4297 , recommending that the City Council approve Planned Development District Amendment, PD-58 , subject to the findings and conditions stated in Resolution No. 4297 ; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Planned Development District Amendment, PD-.58, was given in accordance with applicable law; and WHEREAS, on June 1, 1.994 , a public hearing on the application for Planned Development District Amendment, PD-58 , was held by the City Council in accordance with applicable .law; and WHEREAS, pursuant to Government Code Section 65863 . 6, the City Council has considered the effect of this Planned Development District Amendment, PD-58, 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 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. R183 Page 2 / Page 2 THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: 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 Mitigated 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. Because mitigation measures identified in the Mitigated 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 mitigations measures adopted are identified in the conditions of approval. The City Council further finds that the Mitigated Negative Declaration reflects its independent judgment. 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 during project implementation. These mitigation monitoring measures are included in the 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 Planned Development District Amendment is authorized by the City Zoning Ordinance. b. The proposed dinner theater, entertainment additions, and hotel renovations complements the resort nature of the City, 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 in 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. R18394 Page 3 NOW, THEREFORE, BE; IT RESOLVED that, based upon the foregoing, the City Council hereby approves the Planned Development. District Amendment, PD-58, 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. Pursuant to Government Code Section 65863 . 5, the City Council directs that the City Clerk, within 30 days from the Project approval, notify the County Assessor of said action. ADOPTED this 1st day of June _, 1994. AYES: Members Hodges, Lyons, Reller-Spurgin, Schlendorf and Mayor Maryanov , NOES: None ABSENT: None ATTEST: CIT �OF PALM SPR C:ALIFORNIA By (- -- City Clerk !t "UMnager REVIEWED & APPROVED 1