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Home My WebLink About17906 - RESOLUTIONS - 7/15/1992 0 RESOLUTION NO. 17906 � OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT } MAP 27542 TO SUBDIVIDE A 1. 41 ACRE SITE FOR A SIX UNIT RESIDENTIAL, SUBDIVISION PROJECT LOCATED ON THE SOUTHWEST CORNER OF F:RANCIS DRIVE/VIA MIRALESTE, R-1-C ZONE, SECTION 2 . WHEREAS, Robert J. Cox, (the "Applicant") has filed an application , with the City pursuant to Palm Springs Municipal Code Section 9 . 60, et sea. for a Tentative Tract Map to subdivide a 1.41 acre site for ' a six unit residential subdivision located on the southwest corner , of Francis Drive/Via Miraleste, R-1-C Zone, Section 2 (the "Project") ; and v WHEREAS, the Applicant has filed Tentative Tract Map 27542 with the City and has paid the required filing fees; and WHEREAS, said Tentative Tract 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 Y WHEREAS, said comments and requirements have been duly considered and are reflected herein; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider the proposed Tentative: Tract Map 27542 was given in accordance with applicable .law; and WHEREAS, on June 24 , 1992, a public hearing on the proposed subdivision, Tentative Tract. Map 27542 was held by the Planning Commission 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, at the conclusion of its public hearing on June 24, 1992, the Planning Commission adopted Resolution No. 4202 recommending that the City Council approve the "Project", Tentative Tract Map No. 27542 , subject to the findings and conditions stated in Resolution No. 4202; and WHEREAS, notice of a public hearing of the City Council of the City + of Palm Springs to consider the "Project", Tentative Tract Map No. 27542 , was given in accordance with applicable law; and WHEREAS, pursuant to Government Code Section 66452 . 3 , City, staff + prepared a written report: recommending that. the proposed subdivision, Tentative Tract Map 27542 be approved, and served a copy of that report upon the subdivider at least: three (3) days prior to the aforementioned hearing; and WHEREAS, pursuant 'to Government. Code Section 66412 . 3 , the City , Council has considered the effect of the proposed subdivision, Tentative Tract Map 27542, 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 Tract map 27542 has been previously assessed pursuant to the terms of the California Environmental Quality Act ("CEQA") in conjunction with Case 5. 0533- � CZ and Tentative Tract Map 20435; and Res. No. 17906 � Page 2 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 and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds as follows: The Project has been previously assessed pursuant to the terms of the California Environmental Quality Act conjunction with Case 5. 0533-CZ and Tentative Tract Map 20435 and a Negative + Declaration was filed with those cases. c Section 2 : 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 3 : 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 r w Section 4: Pursuant to Government Code Section 66474 , the City Council finds that with the incorporation of those conditions contained in Exhibit A which is on file in the City Clerk's office: 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. This site is physically suitable for the type of development contemplated by the proposed subdivision. ► d. The site is physically suitable for the proposed density r of development contemplated by the proposed subdivision. e. The design of the subdivision or improvements is not likely to cause substantial 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 5: Pursuant to Government Code Section 66474. 6, the City Council has determined that the discharge of waste from the from the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board; and II Res. No. 17906 Page 3 0 Section 6: Pursuant to Government Code Section 65361 and in compliance with a conditional extension of time for the adoption of the City's General Plan granted by the State office of Planning and Research, the City Council hereby finds as follows: a. The project is consistent with the existing Palm Springs p J g 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 �I be detrimental to or interfere with the future adopted General Plan if the project is ultimately inconsistent: with that plan. w. NOW, THEREFORE, BE IT :RESOLVED that, based upon the �r foregoing, the City Council hereby approves Tentative Tract Map 2754:2 subject to those conditions set forth in Exhibit A on file in ' the City Clerks's office, which are to be satisfied prior to the issuance of a Certificate of occupancy unless otherwise specified. r' ADOPTEDthis 15th —dayof July , 1992 . r AYES: Councilmembers Hodges, 1-ours, Reller, Schlendorf and Mayor Maryanov NOES: None ABSENT: None ATTEST CIT OF PALM S I ` CALIFORNIA r �. ,% City Clerk Irity Manager i REVIEWED & APPROVED ` H J VICINITY MAP SAN RAFAEL DRIVE PROJECT ° LOCATION �.(I PRANGS DRIVE U co O w 2 - h RACQUET CLUB ROAD r Y FRANC,�IS DRIVE 4 1 � � I 2 w J _ S Vl STA 2 DEL MONTE SCHOOL --- OG 4 I r 5 6 CITY OF PALM SPRINGS LAPPLI ASENO. TTM 27542 DESCRIPTION Subdivision of property ' N Robert J. Cox fo -construction of 6 homes, SW corner r