HomeMy WebLinkAbout21681 - RESOLUTIONS - 7/19/2006 t RESOLUTION NO. 21681
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
PALM SPRINGS, CALIFORNIA CERTIFYING THE
MITIGATED NEGATIVE DECLARATION FOR THE BMW
DEALERSHIP PROPOSED ON 7.91 ACRES AT 3737
EAST PALM CANYON DRIVE, AND APPROVING CASE
NUMBER 5.1101 GENERAL PLAN AMENDMENT, AND
THE VACATION OF THE EAST PALM CANYON DRIVE
FRONTAGE ROAD.
WHEREAS, BMW of Palm Springs (the "Applicant") has filed applications with the City
pursuant to Section 94.04.00 of the Palm Springs Zoning Ordinance for a Major
Architectural Review (Case 32871) and pursuant to Government Code section 65350
et seq for a General Plan Amendment (Case No. 5.1101), and pursuant to the
Subdivision Map Act for Vacation of public right-of-way, all to allow the development
project of a new BMW Automotive Sales and Service facility at 3737 East Palm Canyon
Drive, in the C-2 Zone, APN 681-070-016, and
WHEREAS, a Mitigated Negative Declaration has been prepared for the project
pursuant to the California Environmental Quality Act (CEQA) Guidelines and that the
Planning Commission hereby recommends to the City Council adoption of said
Mitigated Negative Declaration as an adequate and complete assessment of the
potential environmental impacts of the project; and
WHEREAS, on July 12, 2006, following notification in the prescribed manner, the
Planning Commission conducted a public hearing to consider Case No. 5.1101 General
Plan Amendment, Architectural Review and vacation of street right-of-way, at which
hearing the Planning Commission carefully reviewed and considered all of the evidence
presented in connection with the project, including, but not limited to, the staff report,
environmental documentation, and all written and oral testimony presented; and
approved the Architectural Review and adopted a recommendation to City Council in
support of the proposed General Plan amendment and street right-of-way vacation; and
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to
consider General Plan Amendment (Case No. 5.1101,) and the vacation of the East
Palm Canyon Drive right-of-way was given in accordance with applicable law; and
WHEREAS, on July 19, 2006, a public hearing on the application for project 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 meeting on the project, including but not limited to the
staff report, and all written and oral testimony
Resolution No.21681
Page 2
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE, '
AS FOLLOWS:
Section 1: A Mitigated Negative Declaration (MND) has been completed in
compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines.
The City Council finds that with the incorporation of proposed mitigation measures,
potentially significant environmental impacts resulting from this project will be reduced
to a level of insignificance. The City Council has independently reviewed and
considered the information contained in the MND prior to its review of this Project and
the MND reflects the City Council's independent judgment and analysis.
Section 2: The City Council adopts the Mitigated Negative Declaration for a General
Plan Amendment (Case No_ 5.1101), and the vacation of the East Palm Canyon Drive
street right-of-way, and directs staff to file the associated Notice of Determination.
Section 3: That the proposed General Plan Amendment to change the classification
of East Palm Canyon Drive from "Major Highway with Frontage Road" to "Major
Highway", between Sunrise Way and the eastern City Limits is consistent with current
City policies and other similar applications within the general area because, 1) the
existing frontage road design creates inefficient closely spaced intersections, 2) that any
capacity created by the frontage road is not needed, and 3) elimination of the frontage
road as a requirement of the General Plan will establish a more consistent circulation
pattern along the length of East Palm Canyon Drive. ,
Section 4: That the proposed vacation of the East Palm Canyon frontage road
conforms to the General Plan, because Policy 7.1.12 of the Infrastructure and
Community Services Element states:
7.1.12. Unneeded sections of street right-of-way shall be considered for use
as linear parks or as bicycle, or other alternative transportation facilities,
rather than be abandoned; and
the section of frontage road along East Palm Canyon is an unneeded section of street
right-of-way, and can be used as an alternative transportation facility for privately-
maintained accessway to the automobile dealerships on East Palm Canyon.
Section 5: The City Council approves Case Number 5.1101, General Plan Amendment
to amend the Palm Springs General Plan Land Use and Circulation Map by reclassifying
East Palm Canyon Drive from "Major Thoroughfare with Marginal Access Road" to
"Major Thoroughfare", between Sunrise Way and Cherokee Way.
Section 6: The City Council approves a vacation of street right-of-way along East
Palm Canyon abutting the existing and proposed auto dealerships along the south side
of East Palm Canyon, west of Cherokee Way.
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Resolution No.21681
Page 3
ADOPTED THIS 19th day of July, 2006.
David H. Ready, City Many
ATTEST:
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/J�'mes Thompson, City Clerk
(/ CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) $s.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 21681 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on July 19, 2006, by the
fallowing vote:
AYES: Councilmember McCulloch, Councilmember Mills, Councilmember
Pougnet, Mayor Pro Tem Foat, and Mayor Oden.
NOES: None.
ABSENT: None.
ABSTAIN: None.
Ames Thompson, City Clerk
City of Palm Springs, California
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