HomeMy WebLinkAbout20210 - RESOLUTIONS - 10/31/2001RESOLUTION NO. 20210
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING AN AMENDMENT TO POLICY 6.22.2
OF THE LAND USE ELEMENT OF THE GENERAL PLAN TO
ALLOW ALTERNATIVE BUFFERS BETWEEN COMMERCIAL USES
OR MIXED -USES AND RESIDENTIAL USES.
WHEREAS, the Lundin Development Company (the "Applicant") has filed an application with the
City pursuant to Section 9402.00 for a General Plan Amendment to amend General Plan Land
Use Element Policy 6.22.2 to "Require a minimum (20) feet be landscaped as a buffer between
a commercial or mixed -use structure and the adjoining residential parcel. In the event that this
creates an undue hardship, the setback may be reduced where an alternative method of buffering,
utilizing walls, landscaping or other barriers or noise attenuation methods, provides equivalent and
satisfactory mitigation"; and
WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to
consider the applicant's application for a General Plan Amendment was given in accordance with
applicable law; and
WHEREAS, on August 22, 2001 and continued to September 12, 2001 and September 26, 2001,
public hearings on the General Plan Amendment were held by the Planning Commission in
accordance with applicable law; and
WHEREAS, on September 26, 2001, the Planning Commission voted to recommend that the City
Council approve the proposed General Plan Amendment to General Plan Policy 6.22.2; and
WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider
the applicant's application for a General Plan Amendmentwas given in accordancewith applicable
law: and
WHEREAS, on October 17, 2001 and October 31, 2001, public hearings on the General Plan
Amendment were held by the City Council in accordance with applicable law; and
WHEREAS,'the City Council has determined that the proposed General Plan Amendment is
consistent with all General Plan objectives and policies; and
WHEREAS, the revision was considered in the Final Environmental Impact Report (EIR) prepared
for the Case No. 5.0827, Tentative Parcel Map No. 29638, the Lundin Ralphs/SavOns Project.
The Final EIR includes the Draft EIR report prepared for the project, comments and responses
to the Draft EIR, Planning Commission public hearing minutes and comments and responses,
Notice of preparation comments and other miscellaneous correspondence; 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 data including the initial study, the Final Environmental Impact Report and all
written and oral testimony presented.
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Res. No. 20210
Page 2
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA, the City Council finds as follows:
The General Plan Amendment was considered in the Final EIR prepared for the project. The Final
EIR was 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 Final EIR and finds that it adequately discusses effect of the proposed General
Plan Amendment, and that on the basis of the Final EIR and comments receive during the public
review process, there is no substantial evidence that, there will be a significant adverse impact on
the environment as a result of the General Plan Amendment.
Section 2:
This proposed revision of the General Plan to allow alternative buffers between commercial uses
or mixed -uses and residential uses in the event of a hardship will allow the General Plan to remain
internally consistent.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, City Council approves
the Amendment to General Plan Policy 6.22.2, as shown in Exhibit "A".
ADOPTED this 31 st day of October 2001.
AYES: Members Hodges„Jones, Oden, Reller-Spurgin and Mayor Kleindienst
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
BY
City Clerk City Manager
REVIEWED AND APPROVED AS TO FORM A7YrZ —
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Res. No. 20210
Page 3
1 EXHIBIT A
General Plan Policv 6.22.2: Require a minimum (20) feet be landscaped as a buffer between a
commercial or mixed -use structure and the adjoining residential parcel. In the event that this
creates an undue hardship, the setback may be reduced where an alternative method of buffering,
utilizing walls, landscaping or other barriers or noise attenuation methods, provides equivalent and
satisfactory mitigation.
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