HomeMy WebLinkAbout18719 - RESOLUTIONS - 11/1/1995RESOLUTION NO. 18719
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PRELIMINARY
PLANNED DEVELOPMENT DISTRICT APPLICATION
5.0701-PD-240 THAT WOULD ALLOW CONSTRUCTION OF
A 38-UNIT CONDOMINIUM COMPLEX LOCATED ON THE
' SOUTHEAST CORNER OF INDIAN CANYON DRIVE AND
VISTA CHINO, R-3 ZONE, SECTION 11.
WHEREAS, Steven Payne for Linsu Development Corporation (the
"Applicant") has filed plans for Case 5.0701-PD-240 for a Planned
Development District that proposes the construction of 38-
residential condominium units to be located on the southeast corner
of Indian Canyon Drive and Vista Chino; and
WHEREAS, the proposed buildings are located in the R-3 Zone and the
applicant is requesting modification of certain development
standards for which a Planned Development District would be
required; and
WHEREAS, other properties in the immediate vicinity have existed
for years with substandard conditions and no negative impact has
been identified, and therefore the request for reduced setbacks,
parking requirements, and building separation, is outweighed by the
benefits provided with the development of this vacant parcel; and
WHEREAS, the proposed development proposes development of a vacant
parcel of land that historically has been considered a blight on
the area; and
WHEREAS, the proposed project is consistent with the policies and
goals of the North Palm Canyon Redevelopment Project Area Plan; and
WHEREAS, the Environmental Assessment prepared by staff identified
potential impacts for which mitigation measures have been
established; and
WHEREAS, the Redevelopment Agency ordered the filing of the
Environmental Assessment at its regular meeting of October 18,
1995; and
WHEREAS, notice of a public hearing of the Planning Commission of
the City of Palm Springs to consider the subject application for
Preliminary Planned Development District Application No. 240 was
given in accordance with applicable law; and
WHEREAS, on October 25, 1995, a public hearing on the application
for Planned Development District No. 240 was held by the Planning
Commission in accordance with applicable law; and
WHEREAS, the Planning Commission carefully reviewed and considered
all of the evidence presented in connection with the hearing on the
project, included but not limited to the staff report and all
written and oral testimony presented at the hearing and recommends
' approval subject to all conditions herein; and
WHEREAS, notice of a public hearing of the City Council of the City
of Palm Springs to consider Planned Development District No. 240
was posted and mailed in accordance with applicable law; and
WHEREAS, on November 1, 1995, a public hearing on the application
for a Planned Development District No. 240 was held by the City %�
Council in accordance with applicable law; and
R18719
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WHEREAS, the City Council has carefully reviewed and considered all
of the evidence presented in connection with t:.he 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 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. 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
adopted are identified as conditions to Project 5.0701-PD-240.
Section 2: A mitigation monitoring program has been adopted
pursuant to Public Resources Code 21081.6 in order
to assure compliance with the above -referenced
mitigation measures during project implementation.
These mitigation monitoring measures are included
as conditions to project 5.0701-PD-240.
Section 3: Pursuant to Zoning Ordinance Section 9403.00, the
City Council finds that:
a. The proposed use is consistent with the applicable Zone
and General Plan guidelines and is properly one for which a
Planned Development is authorized by the City"s Zoning
Ordinance.
b. That there is little or no probability the project will
be detrimental to or interfere with the existing and or future
development in the area and that the mitigation measures as
established in the initial study will mitigate any potential
impacts to less than significant.
d. That the use applied for is desirable for the development
of the community, and deletes a piece of property that
historically has ]been considered blighted.
e. That the site is adequate in size and shape to
accommodate the uses and all of the yards, walls or fences,
landscaping, and other features required in order to adjust
said use to those existing or permitted .future uses on the
subject property ,and in the neighborhood.
f. That the required street dedications decreased valuable
land area, limits the ability for good :site planning, and
forces awkward adjustments of property lines; therefore, the
proposed development: standards render this as a viable
project.
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F,
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as Page $
g. A nexus and rough proportionality have been established
for the requirement of the dedication of the additional right-
of-way to the City and the off -site improvements as related to
the Planned Development District Application.
' The dedication of right-of-way along Indian Canyon Drive and
Vista Chino, the off -site improvements and undergrounding of
utilities, and the upgrading of the signal light, which are
required by City ordinances, are related to the project.
Currently, the property is vacant, and therefore little or no
usage of the roads, sidewalks and utilities is due to the
subject property at this time. However, the future property
owners will benefit from improvements to Vista Chino as well
as the future undergrounding of the utilities. The right-of-
way dedication is required for purposes of a safe turning
radius and the off -site roadway improvements (such as roadway
widening and sidewalks). The occupants of the proposed
condominium must use Indian Canyon Drive and Vista Chino to
access the subject property, thereby benefitting from the
subject improvements. The required dedication of right-of-
way, related improvements and undergrounding of utilities will
provide safety benefits to the property owners and will
aesthetically enhance the neighborhood.
h. That allowing the construction of an eight -foot wall
along the perimeter of the project will act as noise barrier
and provide for quieter and more productive recreation areas.
i. The conditions imposed on the project are deemed
necessary to protect the public, health, safety and welfare.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of
Palm Springs, California, hereby approves Preliminary Planned
Development District Application Case 5.0701-PD-240, subject to
those conditions set forth in the attached Exhibit "A", which are
on file at the City Clerk's Office which shall be satisfied prior
to the issuance of certificates of occupancy unless otherwise
specified.
ADOPTED this
AYES: Members
NOES: None
ABSENT: None
ATTEST:
1st
day of Nodember
, 1995.
Hodges, Kleindienst, Lyons, Reller-Spurgin and Mayor Maryanov
BY'
City Clerk
REVIEWED & APPROVED
IWF-
CITY�OF PALM
AVIFORNIA
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