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HomeMy WebLinkAbout18807 - RESOLUTIONS - 4/3/1996 RESOLUTION NO. 18807 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL DEVELOPMENT PLANS FOR PLANNED DEVELOPMENT DISTRICT APPLICATION 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. L.insu Development Corporation (the "Applicant") , 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, the proposed project is consistent with the policies and goals of the North Palm Canyon Redevelopment Project Area Plan; and WHEREAS, the Planning Commission of the City of Palm Springs approved final Planned Development District 240 at its regular meeting of March 13 , 1996; and WHEREAS, notice of the City Council meeting of the City of Palm Springs to consider final Planned Development. District 240 was posted in accordance with applicable law; and , WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with 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 was approved and filed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The City Council independently reviewed and considered the information, contained in the Negative Declaration and determined that it adequately discusses the significant environmental effects of the proposed project, and that the mitigation measures adopted for this project adequately reduce the impacts to less than significant, and that, on the .basis of the environmental assessment 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 mitigated Negative Declaration reflects its independent judgment:. Section 2 : 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 R18807 J� Page 2 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 a blight. ' 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. 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 final Planned Development District 240, subject to those conditions set forth in City Council Resolution No. 18719 adopted on November 1, 1995. ADOPTED this 3rd day of April , 1996. ' AYES: Members Barnes, Hodges, Oden and Mayor Kleindienst NOES: None ABSENT: Member Spurgin ATTEST: CITY F PALM SP S CALIFORNIA By City Clerk ( Cit Manager REVIEWED & APPROVED AS TO FORMS 4V A