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HomeMy WebLinkAbout17896 - RESOLUTIONS - 7/1/1992 a RESOLUTION NO. 17896 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 26805 TO SUBDIVIDE A 7.86 ACRE: SITE INTO 2 PROFESS1019AL PARCELS LOCATED AT MEL AVENUE }BETWEEN INDIAN CANYON DRIVE AND VIA MIRALESTE, PD-185 ZONE, SECTION 11. WHEREAS, Mainiero, Smith & Associates for the Desert Hospital, (the "Applicant") has filed an application with the City pursuant to Palm Springs Municipal Code Section 9.60, et sea, for a Tentative Parcel Map to subdivide a 7.86 acre site into two (2) parcels located at Mel Avenue between Indian Canyon Drive and Via Miraleste, PD-185 Zone, Section 11 (the "Project") ; and WHEREAS, the Applicant has filed Tentative Parcel Map No. 26805 with the City and has paid the required filing fees; and WHEREAS, said Tentative Parcel Map was submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comments, and requirements; and WHEREAS, said comments and requirements have been duly considered and are reflected herein; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider the proposed Tentative Parcel Map No. 26805 was given in accordance with applicable law; and WHEREAS, on July 1, 1992, a public hearing on the proposed �. Subdivision, Tentative Parcel Map No. 26805 was held by the City Council in accordance with applicable law and all interested persons were afforded an opportunity to appear at the hearing and to express their opinions and otherwise be heard concerning the project; and WHEREAS, pursuant to Government Code Section 66452.3, City staff prepared a written :report recommending that the proposed Subdivision, Tentative Parcel Map No. 26805 be approved, and served a copy of that report upon the subdivider at least: three (3) days prior to each of the aforementioned hearings; and WHEREAS, pursuant to Government Code Section 66412 .3, the; City Council has considered the effect of the proposed Subdivision, Tentative Parcel Map No. 26805, on the housing needs of the region in which Palm Springs is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; the approval of the proposed Subdivision represents the balance of these respective needs in a manner which is most consistent with the City's obligation pursuant to its police powers to protect the public health, safety and welfare; and WHEREAS, the proposed Subdivision, Tentative Parcel. Map No. 26805, is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA11) , and a Negative Declaration has been prepared for this project: and has been distributed for public review and comment in accordance with CEQA; 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!, all 6? 6 Res. No. 17896 «�� ` Page 2 C " ' c environmental data including the initial study, the proposed Negative Declaration and all written and oral testimony presented. c THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the Planning Commission finds as follows: a. The final Negative Declaration has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA procedures contained in the City's CEQA Guidelines. The City Council has independently reviewed and considered the information contained in the Negative Declaration and finds that it adequately discusses the 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 the Project because mitigation measures identified in the Negative Declaration have been incorporated into the Project which mitigate any potential significant environmental effects to a point where clearly no significant environmental effects will occur as a result of the Project. The City Council further finds that the Negative Declaration reflects its independent judgment. Section 2: A mitigation monitoring program has :been adopted in conjunction with PD-185, of which this project is a part, pursuant to Public Resources Code Section 21081. 6 in order to assure compliance with the above-referenced mitigation measures during Project implementation. Section 3: Pursuant to Government Code Section 66473.5, the City Council finds that the proposed subdivision 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 any applicable specific plan; and Section 4: Pursuant to Government Code Section 65567, the City Council finds that the proposed subdivision and the provisions for its design and improvement are ' compatible with the objectives, policies and general land use provided in the City's local open space plan; and Section 5: Pursuant to Government Code Section 66474, the City Council finds that with the incorporation of those ' conditions attached, as Exhibit A. a. The proposed map is consistent with 'the applicable general and specific plans. b. The design or improvements of the proposed subdivision are consistent with the General Plan. ` C. The site is physically suitable for the type of development contemplated by the proposed subdivision. d. The site is physically suitable for the proposed density of development contemplated by the proposed subdivision. Iles. No. 17896 Rage 3 d. The site is physically suitable for the proposed density of development contemplated by the proposed subdivision. e. The design of the subdivision or improvements :is not likely to cause eubotantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f. The design of the subdivision or improvements :is not likely to cause serious public health problems. g. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. Section 6: Pursuant. to Government Code Section 66474.05, the City Council has determined that the discharge of waste from the proposed subdivision into the existing sewer system will not, result in a violation of existing requirement's prescribed by the Regional Water Quality Control Board; and Section 7: Pursuant to Government Code Section 66473. 1, the City Council has determined that. the Tentative Parcel Map does provide, to the extent feasible, for future passive or natural heating or cooling opportunities; and a. The project is consistent with the existing Palm Springs General Plan; and b. There is a reasonable probability that the project will be consistent with the proposed General Plan; and C. There is little or no probability that the project will ' be detrimental to or interfere with the: future adopted General Plan if the: project is ultimately inconsistent with that plan. NOW, THEREFORE, BE IT RESOLVE[) that, based upon the: foregoing, the City Council hereby recommends Tentative Parcel Map No. 268135 for approval subject to those conditions set forth in Exhibit A, on file in the City Clerk's office, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. Adopted this 1st day of __ July 1992. .YES. Councilmembers Hodges, Lyons, Reller, Schlendorf and Mayor Maryanov NOES: None ABSENT: None ATTEST: CIT OF PALM SPR .; CALIFORNIA City Clerk Jity Manager REVIEWED & APPROVED:�� ti i Resolution No. 17896 Page 4 EXHIBIT "All CONDITIONS: 1. A reciprocal access agreement between all parcels owned by the Desert Hospital Corporation and Desert Hospital Authority shall be recorded prior to or concurrent with the recording of the final map. 2. The map shall be subject to the conditions of approval for Planned Development District 185 (Case 5. 0421) and consistent with the approved plans. 3 . The parcel map shall be subject to all conditions of Riverside County Flood Control and Water Conservation District. ' 4. The final parcel map shall not be recorded until the City has obtained title to the Cohan property, Y h r r r i I Res. No. 17896 Page . VICINITV MAP VISTA CHVNO W W '— I CAMNO � y is o MONTE cc Lu ¢ VISTA w cc z a Z Z U PROJECT cai !i is MEL AVENUE LOCATION z PASEO EL MIRADOR o z > z a TACHEVAH DRIVE i , SURFACE IWI PARKING LOTFill VACATED STREET , rfMEL AVENUE ICI I QI I I REHABILITATION BUILDING SITE Z ICI PA EO EL MIRAIDOR VACATED STREET + CITY Of PALM SPRINGS CASE NO. TPM 26805 DESCRIPTION -fentati ve Parcel Map for APPLICANT Desert Hospital construction of rehabilitation center & ' parking lot on Mel Ave. between iVia Mirale ite/ N. Indian Canyon, `.iection 11 . p Z 4