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
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Res. No. 17896 «��
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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:��
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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,
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Res. No. 17896
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CASE NO. TPM 26805 DESCRIPTION -fentati ve Parcel Map for
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parking lot on Mel Ave. between iVia Mirale ite/
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