HomeMy WebLinkAbout18002 - RESOLUTIONS - 12/16/1992 f�
RESOLUTION NO.
18002
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT
MAP 27388 (AMENDED) TO SUBDIVIDE 7 .74 ACRES OF
LAND FOR A FORTY LOT SINGLE FAMILY RESIDENTIAL
SUBDIVISION LOCATED ON SUNRISE WAY NORTH OF
SAN RAFAEL DRIVE, 0-5 ZONE, SECTION 35.
WHEREAS, the City of Palm Springs, ("Applicant") has filed an
application pursuant to Palm Springs Municipal Code Section 9. 60,
et sea. for a Tentative Tract Map (Amended) to subdivide a 7. 74
acre site for a forty lot single family residential subdivision
located on Sunrise Way north of San Rafael Drive, 0-5 Zone, Section
35 (the "Project") ; and
WHEREAS, the Applicant has filed Tentative Tract Map 27388
(Amended) with the City and has paid the required filing fees; and
WHEREAS, said amended 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
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 27388 (Amended) was given in accordance with applicable law;
and
WHEREAS, on August 26, 1992 , a public hearing on the proposed
subdivision, Tentative Tract Map 27388 (Amended) 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 August 26,
1992 , the Planning Commission adopted Resolution No. 4210
recommending that the City Council approve the "Project" , Tentative
Tract Map No. 27388 (Amended) , subject to the findings and
conditions stated in Resolution No. 4210; and
' WHEREAS, notice of a public hearing of the City Council of the City
of Palm Springs to consider the "Project", 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, 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, 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
lie
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Page 2
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 has been previously assessed
pursuant to the terms of the California Environmental Quality Act
("CEQA") in conjunction with Case 5. 0144-PD-116; 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 and all
written and oral testimony presented.
THE CITY COUNCIL HERESY FINDS AS FOLLOWS:
Section 1: Pursuant to C:EQA„ the City Council finds that the
Project has been previously assessed pursuant to
the terms of the California Environmental Quality
Act conjunction with Case 5. 0144-PD-116 and a
Negative Declaration was filed with that case.
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
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
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.
R18002
Page 3
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.
k 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
L
Section 6: Pursuant to Government Code Section 65361 and in
j' 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:
r. 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 RESOLVED that, based upon the
foregoing, the City Council hereby approves Tentative Tract Map
27388 (Amended) 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.
ADOPTED this 16th day of December 1992.
AYES: Members Hodges, Lyons, Reller-Spurg'sn, Schlendorf and Mayor Maryanov
" NOES: None
ABSENT: None 1
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ATTEST: CI OF Sp S, ALIFORNIA
By: � I LJ
City Clerk Aff
Man ger
REVIEWED & APPROVED
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CITY OF' ]PALM S]PRIlNGS
[QAjSEN(0. TT11 27388 DESCRIPTRON Additional 40 lots on
Coachella Valley Hou_=ing Sunrise Way/San Rafael Drive, 0-5 Zone,
Coalition PD-116, Section 35.