The URL can be used to link to this page

Home My WebLink About19457 - RESOLUTIONS - 1/20/1999 RESOLUTION NO. 19457 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PRELIMINARY PLANNED DEVELOPMENT DISTRICT NO. 240 (CASE 5.0701) AND TTM 29156 AND SUBJECT TO THE CONDITIONS STATED ' TO ALLOW THE CONSTRUCTION OF A 21-UNIT CONDOMINIUM PROJECT LOCATED ON THE NORTHEAST CORNER OF INDIAN CANYON DRIVE AND CHUCKWALLA ROAD, R-3 ZONE, SECTION 11. WHEREAS, Christopher Mills on behalf on Smart Alex LLC, (the "Applicant") has filed an application with the City pursuant to Section 9402.00 of the Zoning Ordinance and the Palm Springs Municipal Code Section 9.60 for Preliminary Planned Development District (PD-240) and Tentative Map 29156 to allow the construction of 21-condominium units on the northeast corner of North Indian Canyon Drive and Chuckwalla Road (the "Project"), R-3 Zone, Section 11; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for PD-240 and Tentative Tract Map 29156 was given in accordance with applicable law; and WHEREAS, on January 13, 1999, a public hearing on the application for PD 240 and Tentative Tract Map 29156 was held by the Planning Commission in accordance with applicable law; and ' WHEREAS, the Planning Commission recommends approval of the proposed Preliminary Planned Development District 240 and Tentative Tract Map 29156 to allow the construction of the proposed 21-unit condominium; and WHEREAS, Notice of the Hearing of the City Council of the City of Palm Springs to consider 1) the General Plan Amendment; 2) the proposed Planned Development District application with reduced setbacks; 3) the approval of Tentative Tract Map 29156; 4) vacation and closure of a portion of Chuckwalla Road from Indian Canyon Drive to Chaparral Road, and 5) the setting of the public hearing date of February 17, 1999, on the intention to vacate the public right-of-way of Chuckwalla Road was given in accordance with applicable law; and WHEREAS, on January 20, 1999, a hearing on the case was held by the City Council in accordance with applicable law; and WHEREAS, the proposed 1) General Plan Amendment; 2) Planned Development District application with reduced setbacks; 3) approval of Tentative Tract Map 29156; and 4) vacation and closure of a portion of Chuckwalla Road from Indian Canyon Drive to Chaparral Road, are 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, 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 Mitigated Ilt� Negative Declaration and all written and oral testimony presented. R19457 Page 2 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. The City Council further finds that the Mitigated Negative Declaration reflects its independent judgment. Section 2: Pursuant to Government Code Section 66474, the City Council finds that with the incorporation of those conditions attached in Exhibit A: a. The proposed map and preliminary planned development district are consistent with the applicable general and specific plans. The subject property is designated as H43/21 High-Residential. The application entails a Planned Development District application that will encompass all , existing properties owned by the applicant (Smart Alex LLC) and the approval of TTM 29156 for condominium purposes. Thus, with the adoption of the mitigation measures, the proposed project should not be a significant impact to the surrounding neighborhood. b. The design or improvements of the proposed subdivision are consistent with the General Plan. The subject site is designated as H43/21 High-Residential. The project will be compatible with the General Plan and with existing land use designations in the area. The project is being designed such that the proposed improvements (ie. perimeter wall, perimeter landscaping, compatible architecture etc.) will be compatible to those within the existing Desert Shadows complex. Thus, the project should be compatible with the surrounding neighborhood. c. The site is physically suitable for the type of development contemplated by the proposed subdivision. The project will comply with all R-3 property development standards with the exception of the street side setback and parking requirement. The City Council has previously granted a reduced setback along Indian Canyon Drive and the applicant ' is asking for the same reduction in order to be consistent in placement of the new buildings. Staff recommends that the existing parking management previously approved for Desert Shadows be extended to cover the proposed project. Additionally, the applicant is requesting a 10% reduction in parking requirements. Thus, the.project should be compatible with the existing buildings with the Desert Shadows complex. R19457 Page 3 d. The site is physically suitable for the proposed density of development contemplated by the proposed subdivision. The project will be compatible with existing land use designations in the area. The project is being designed with improvements and amenities similar to those existing at the Desert Shadows complex. In addition, the City Council previously ' approved a Planned Development District application with reduced setbacks and parking requirements. Thus, the project will be compatible with surrounding neighborhood. e. 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. Conditions of this project will require improvements to existing traffic signal light at Indian Canyon and Vista Chino. The street vacation and the improvements being proposed as part of this project will enhance the and be a catalysts for future enhancements in the neighborhood. f. 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. All proposed conditions of approval are necessary to ensure public health and safety including, but not limited to, the upgrade of the existing traffic light at Indian and Vista Chino, new future traffic light at Vista Chino and Via Miraleste, curbs, gutter and sidewalks. g. A nexus and rough proportionality have been established for requirement of street improvements along Indian Canyon Drive, upgrades to the existing traffic light at Indian Canyon and Vista Chino and future traffic light at Vista Chino and Via Miraleste as related to the impacts created by the vacation and partial closure of Chuckwalla Road. The off-site improvements, upgrades to the existing traffic light at Indian Canyon and Vista Chino and future traffic light at Vista Chino and Via Miraleste which are mitigation measures recommended in the traffic study prepared by Endo Engineering and required by the Zoning Ordinance. These improvements will help mitigate the impacts such that they will accommodate the change in traffic patterns and will help in future increase in traffic volumes. Furthermore, the required street improvements will provide safety benefits to the property owners and will aesthetically enhance the neighborhood. ID3 R19457 Page 4 � Dq NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City , Council hereby approves Preliminary Planned Development District 240; and Tentative Tract Map 29156; subject to those conditions set forth on file at the office of the City Clerk, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless other specified. ADOPTED this 20 day of JanuarL--._, 1999. AYES: Members Barnes, Hodges, Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: None ATTEST: %CITY OF PALMS R S, CALIFORNIA Ci{y Clerk City Manager REVIEWED & APPROVED AS TO FORM: _ �XHIIW "A'' 4v g Pa ge 5 D P 5 �X1511NG N.iS. V15rA CHINO 1 � 0 PP-240 P-3 ZONE CHUCKWA LA POA7 PONON f0 BE VACAM9 MOP05W V15TA CHINO 0 PP-240 v CNUCKW&I A WAP POKfION TO DE VPLATED