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HomeMy WebLinkAbout18491 - RESOLUTIONS - 10/19/1994 RESOLUTION NO. 18491 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, GRANTING, SUBJECT TO THE CONDITIONS STATED, CONDITIONAL USE PERMIT NO. 5. 0674, TO TLDR LIMITED PARTNERSHIP, FOR A NIGHT LIGHTED GOLF DRIVING RANGE PRACTICE FACILITY LOCATED AT THE SOUTHWEST CORNER OF RAMON ROAD AND LANDAU BLVD, W ZONE, INDIAN LAND, SECTION 20. ' WHEREAS, TLDR Limited Partnership, (the "applicant") has filed an application with the City pursuant to Section 9402 . 00 of the Zoning Code for a Conditional Use Permit for a night lighted golf driving range practice facility located at the southwest corner of Ramon Road and Landau Blvd. , W Zone, Indian land, Section 20; 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. 0674 was given in accordance with applicable law; and WHEREAS, on September 14, 1994 a public hearing on the application for Conditional Use Permit No. 5. 0674 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed Conditional Use Permit No. 5 . 0674 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, at the conclusion of its public hearing on September 14, ' 1994 , the Planning Commission adopted Resolution No. 4314, recommending that City Council approve Conditional Use Permit No. 5. 0674 subject to the findings and conditions stated in Resolution No. 4314; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider Applicant's Application for Conditional Use Permit No. 5. 0674 was given in accordance with applicable law; and WHEREAS, on October 19, 1994 a public hearing on the application for Conditional Use Permit No. 5. 0674 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, 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: The final Mitigated 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 Res. No. 18491 Page 2 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 : Pursuant to Zoning Ordinance Section 9402I . 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 night lighted golf driving range and practice facility 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 shoran 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. 0674 , subject to those conditions set: forth in Exhibit A on file in the City Clerks office, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless other specified. Section 1: Pursuant. to Government Code Section 65863 .5, the City Clerk shall, within 30 days from the Project approval., notify the County .Assessor of said action. ADOPTED this 19th day of October _, 1994. AYES: Members Hodges, Kleindienst, Lyons, Reller-Spurgin & Mayor Maryanov NOES: None ABSENT: None ATTEST: CITY O IS S, CALIFORNIA City Clerk City M nager REVIEWED & APPROVED__)Of�L 1