HomeMy WebLinkAbout1695 - ORDINANCES - 9/6/2006 ORDINANCE NO. 1695
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE
DECLARATION, AND APPROVING CASE NUMBER
5.1124 ZONING TEXT AMENDMENT TO ALLOW
VEHICULAR PARKING FOR AUTO DEALERSHIPS
ALONG EAST PALM CANYON DRIVE.
WHEREAS, the City of Palm Springs has initiated a Zoning Ordinance Text Amendment
pursuant to Section 94.07.01 of the Palm Springs Zoning Code to allow vehicle parking
for automobile sales agencies located along East Palm Canyon Drive; and
WHEREAS, a Mitigated Negative Declaration has been prepared for the proposed
amendment pursuant to the California Environmental Quality Act (CEQA) Guidelines 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. 5.1124, 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
adopted a recommendation to City Council in support of the proposed amendment; and
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to
consider Case Number 6.1124, Zoning Text Amendment 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
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN 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 Councils independent judgment and analysis.
Ordinance No. 1695
Page 2
Section 2: The City Council adopts the Mitigated Negative Declaration for Zoning Text '
Amendment (Case No. 5.1124), and directs staff to file the associated Notice of
Determination.
Section 3: The City Council hereby determines that the proposed Zoning Text
Amendment to allow parking for new car dealerships within the special setbacks along
East Palm Canyon Drive, between Sunrise Way and Golf Club Drive, is consistent with
the intent of the Zoning Code in that it provides for the needs of auto retailers along a
major thoroughfare without creating adverse affects on adjacent property or residents,
and will therefore promote and protect the public health, safety and welfare of the
residents, and provide for the economic advantages that result from comprehensive and
orderly planning.
Section 4: The City Council approves Case Number 5.1124, Zoning Text Amendment
to amend the Palm Springs Zoning Code Section 93.01.02.B.2 to read, as follows:
"Swimming pools and garden walls may be allowed within the required
setback; parking facilities shall not be permitted. For automobile
dealerships, the setback for parking facilities shall be sixty (60) feet from
the centerline of East Palm Canyon Drive, or ten (10) feet from the front
property line, whichever is greater. Accessory pool or mechanical
equipment may also be permitted within the required setback, if screened '
from public view."
PASSED, APPROVED, AND ADOPTED this 6t" day of September 2006.
Ron Oden, Mayor
ATTEST:
mes Thompson, City Clerk
Ordinance No. 1695
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. 1695 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on July 19, 2006 and adopted at a
regular meeting of the City Council held on September 6, 2006 by the following vote:
AYES: Councilmember McCulloch, Councilmember Mills, Councilmember
Pougnet, Mayor Pro Tern Foat, and Mayor Oden.
NOES: None.
ABSENT: None.
ABSTAIN: None.
Thompson, City Clerk
)Imes
ity of Palm Springs, California