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HomeMy WebLinkAbout19500 - RESOLUTIONS - 4/21/1999 RESOLUTION NO. 19500 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING, SUBJECT TO THE CONDITIONS STATED, CASE NO. 5.0790 (GENERAL PLAN AMENDMENT/CHANGE OF ZONE) TO MONTANA ST. MARTINS FOR A PROPOSED ' GENERAL PLAN REDESIGNATION OF A 1.06 ACRE SITE FROM L6 (LOW DENSITY RESIDENTIAL TO GC (GENERAL COMMERCIAL) AND A PROPOSED ZONING REDESIGNATION OF THE SAME SITE FROM U-R (URBAN RESERVE) TO C-1 (CENTRAL RETAIL BUSINESS ZONE) FOR THE PURPOSE OF ESTABLISHING AN ART STUDIO ON THE SITE, OF AN EXISTING CLASS I HISTORIC BUILDING, LOCATED AT THE NORTHWEST CORNER OF NORTH PALM CANYON DRIVE(HIGHWAY 111)AND TRAMWAY ROAD, SECTION 3, AND MAKING FINDINGS IN SUPPORT THEREOF. --------------- WHEREAS, Montana St. Martins, LLC, (the "applicant")has filed an application with the City pursuant to Section 9407.00 and 9404.00 of the Zoning Ordinance and the Palm Springs Municipal Code for a proposed General Plan redesignation of a 1.06 acre site from L6 (Low Density Residential) to GC (General Commercial) and a proposed zoning ' redesignation of the same site from U-R (Urban Reserve) to C-1 (Central Retail Business Zone) for the purpose of establishing an art studio on the site of an existing Class I Historic Building, located at the northwest corner of North Palm Canyon Drive(Highway 111) and Tramway Road, Section 3; and WHEREAS, the application was submitted to appropriate agencies as required by the Palm Springs Municipal Code, with the request for their review, comments and requirements; and WHEREAS, the application also contemplates the revitalization of the Class I historic building and site through the architectural approval process; and WHEREAS, on March 10, 1999„ the Planning Commission considered and approved the architectural approval portion of said application with conditions (included in attached Exhibit A); and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Case No. 5.0790 (General Plan Amendment/Change of Zone) was given in accordance with applicable law; and WHEREAS, on March 24, 1999, a public hearing on the application for Case No. 5.0790 ' (General Plan Amendment/Change of Zone) was held by the Planning Commission in accordance with applicable law; ,and WHEREAS, the Planning Commission voted to recommend approval (6-0; 1 abstention) of Case No. 5.0790 at their March 24, 1999 meeting; and 3 � R19500 Page 2 3Go\ WHEREAS, the proposed application 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, notice of public hearing of the City Council of the City of Palm Springs to ' consider Applicant's application for Case No. 5.0790 (General Plan Amendment/Change of Zone) was given in accordance with applicable law; and WHEREAS, on April 21, 1999, a public hearing on the application for Case No. 5.0790 (General Plan Amendment/Change of Zone) 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, the environmental assessment 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: a. The final Negative Declaration has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The Planning Commission has previously reviewed and considered and the City Council has independently reviewed and considered the information contained in the Negative Declaration and finds that it adequately discusses any 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 Negative Declaration reflects its independent judgment. b. Pursuant to Fish and Game Code Section 711.4, this project has a de minimus impact on fish and wildlife. Section 2: Pursuant to the proposed General Plan Amendment and change of zone request, the City Council finds as follows: The proposed General Plan Amendment and change of zone applied for is necessary or desirable for the development of the community, 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. The proposed redesignation of the 1.06 acre site to a commercial property will renew the interest of the Class I historic structure on the property by providing a use that will promote its visitation and enjoyment to a large number and variety of people. Furthermore, the building and site are designed to function well for a multitude of commercial or quasi-commercial uses. Finally, the adjacent properties are of a size and shape that will not impact their ' future development or not allow for the opportunity to consider a land use transition between land uses upon future development. Section 3: Pursuant to Government Code Section 66473.5, the City Council finds that the proposed redesignation of the 1.06 acre site at the northwest corner of North Palm Canyon Drive and Tramway Road from L6 to GC (General Plan Amendment) and from U-R to C-1 (Zoning) and the provisions for its design and improvement are compatible with the objectives, policies, and general land uses and programs provided in the City's General Plan; and R19500 Page 3 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council approves Case No. 5.0790 (General Plan Amendment/Change of Zone). ADOPTED this 215t day of April , 1999. AYES: Members Barnes, Hodges, Oden., Reller-Spurgin and Mayor Kleindienst ' NOES: None ABSENT: None ABSTAIN: ATTEST: CITY OF-PArM-­SPRING , C.ALIFORNIA City Clerk Ci y`Manager REVIEWED AND APPROVED: 3 � 3 1 VICINITY MAP i.rs�ErAs vAro 6MWAY tlRNE N.T.S. 5A1J �P�L �V� LOCATION � n 51TE k f.5, CITY-OF PALM . SPRINGS CASE NO. 5,0790 CZ-Gt?A DESCRIPTION 'F WF0TV aWGE CT 70W FROM APPLICANT H(IWAN W,5M) fO C-1 c aHMIL MfNL"NE55 ZOff) MOW"5f,Mf3?f1N'5 MV GEW A FLMJ AMEWMEW FWM L6(LOW M51PEN11V fO X(66M rV.COMMEKCW) F0V,9 k-95 OF L"AT a NW CODE OF N.FMM CMfYON MW MW WAY F%SEC.5,