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Home My WebLink About19539 - RESOLUTIONS - 6/16/1999 RESOLUTION NO. 19539 zc5080b OF THE CITY OF PALM SPRINGS, CALIFORNIAAPPROVING CHANGE OF ZONE, CASE NO. 5.0806 TO ISABELLE BADDOUR FOR A PROPOSAL TO CHANGE THE ZONING ' DESIGNATION OF 4.62 ACRES OF LAND FROM RGA8 (GARDEN APARTMENTS MULTIPLE ZONE) TO R4 (HOTEL AND MULTIPLE ZONE (APN 508-100-002, -003, -090, AND - 010), SECTION 14, SUBJECT TO THE CONDITIONS, AND MAKING FINDINGS IN SUPPORT THEREOF. WHEREAS, Isabelle Baddour(the"applicant"), hasfiled an application with the City pursuant to Palm Springs Municipal Code Section 9407.00 of the Zoning Ordinance amending the Zoning Map designation ofthe subject landsfrom RGA8(Garden Apartments MultipleZone- Maximum of 8 dwelling units per acre)to R4(Hotel and Multiple Zone)on four(4) 1.06+/-acre lots of record (after dedications forfuture road improvements)extending between the north side of Baristo Road and the south side of the future extension of Arenas Road, Section 14. WHEREAS,the applicant has filed Change of Zone, Case No. 5.0806 with the City and has paid the required filing fees; and WHEREAS, said application was submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comment, and requirements; and ' WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Change of Zone, Case No. 5.0806 was given in accordance with applicable law; and WHEREAS,on May 26, 1999, a public hearing on the application for Change of Zone, Case No. 5.0806 was held bythe Planning Commission of the City of Palm Springs in accordance with applicable law; and WHEREAS, the proposed Change of Zone, Case No. 5.0806 is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"); and WHEREAS, a Final Environmental Impact Report("EIR")was prepared and approved bythe City Council in March, 1993 for the 1993 update of the City's General Plan which was distributed for public review and comment in accordance with CEQA requirements; and WHEREAS,the conditions of the subject site and general vicinity of the subject site in which factors the EIR were based upon have experienced insignificant changes since 1993; and WHEREAS, on May 26, 1999, the Planning Commission of the City of Palm Springs considered the application and voted to recommend approval(6-0; 1 abstention)of Change of Zone, Case No. 5.0806, subject to the conditions and findings as stated in Resolution No. 4645, as adopted by the Planning Commission; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the public 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: a. That based on insignificant changes to the subject lands and surrounding properties within the vicinity of the subject lands, the applicability of the a15 Res. No. 19539 Page 2 Negative Declaration as prepared and approved by the City Council for the a 1993 General Plan update is reaffirmed forthis zone change application, and that the EIR as previously prepared and approved was completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA implementation procedures contained in the City's CEQA Implementation Guidelines. The City Council has independently reviewed and considered the ' information contained in the previous EIR and finds that it adequately discusses any significant environmental affects of the proposed zone change,and that,on the basis of the initial study and comments received during the public review process, there is no evidence that there will be any significant environmental effects as a result of the approval of this project. The City Council further finds that the previous EIR reflects its independent judgement. b. Pursuant to Fish and Game Code Section 711.4, this application has a de minimis impact on fish and wildlife. Section 2. Pursuant to the proposed change of zone request, the City Council finds as follows: The proposed change of zone applied for is necessary sand 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 proposed zone. The proposed zone change of the subject lands to accommodate a greatervariety of development possibilities will renew interest in this property and the general area of the community, which will promote its visitation and enjoyment to a large number and variety of people. Section3. Pursuantto Government Code Section 66473.5,the City Council finds that the ' proposed change of zone of the subject lands is compatible with the objectives, policies, and general land uses and programs specified in the City's General Plan and any applicable specific plan. NOW,THEREFORE, BE IT RESOLVED that, based on the foregoing,the City Council hereby approves Change of Zone Case No. 5.0806 contingent upon providing proof of recordation of an application for lot merger of the four(4)subject parcels into one(1)lot of record priorto the second reading of the City Council. ADOPTED this 16th day of June , 1999. AYES: Members Barnes, Hodges, Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSTAIN: None ABSENT: None ATTEST: CITY L'FrA M SPRtNI3S, CALIFORNIA City Clerk City Ma ger REVIEWED AND APPROVED AS TO FORM: , - VICINITY MAP - I I.L I. L. R-4a RR-4 d' R4J l,L• R 4 R - 4 ¢ 511� °� R-q L c? 11�t4 � m IF4-VP a _ 'J R I. L. coHv , VP LL. reuTr R-4 a � ( � I NORTH R-a Po 1I6 4 o R' -A a) (Not to scale) R 4-VP 'R. {_Vp W W 1% 1 I.L. R-4-VP 11111191r 7*41"Vv Y I m C-LA-A, C.1.4.A inR-4-VP VP '- L V _� � •.. I L_ W :;�.- CI.LA C-1-A-A C 1-AA TAHQUITZ , - 1 CANYON C-1-A-A r -X, - _ I L. y 1.L I.L. -I-A,A C-1-A-A Y FD "_0( " R.4.VP •4-VP 44. -� T• • R.4.VP 1 L R.4-VP - —�ARENAS 9a9ALU � R-4-V- — - - r R 4 R-4 ROAD y ' i m P0. 180 I L I L. ¢ I L I R-4 I I R-G-A (8) 011 � R.4.VP R-4 L- - ° SUBJECT SITE R.4 J 3 R-4-VP Y R-4 ~ R-4 �— BARISTO ROAD i L Z- 7 L — . a I, L. LL• a � I 1.L e o R.4 R.4 R - 4 ; T R- 4 U) + -R q S m ■ O o a R.4 VP 2 w,• , W LL. LL. a N u R.A.vr R-4 R'2 R-p R-`cLU am R 2 R-2 _ LL ; ILI,L- UN7 R-2 J • ¢ - - > R- 2 I R o � POla7 - _, CITY OF PALM SPRINGS CASE NO 5.0806 - ZC DESC3IPJ1QtL_To change the zone of said lands from RGAB APPLICANT' Isabelle Baddour (Garden Apartments Multiple Zone) to R4 (Hotel and Multiple Zone), on 4 - 1.06 acre lots of record located app. 280'west of Sunrise Way, extending bet. the north side of Baristo Road and the south side of the future extension of Arenas Road, Section 14.