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HomeMy WebLinkAbout18056 - RESOLUTIONS - 3/3/1993 RESOLUTION NO. 18056 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 27663 TO SUBDIVIDE AN 8 .82 ACRE SITE FOR A 144 UNIT CONDOMINIUM PROJECT LOCATED ON THE NORTHEAST CORNER OF AMADO ROAD/HERMOSA DRIVE, R-4 ZONE, SECTION 14. WHEREAS, Morr Angels Joint Venture, (the "Applicant") has filed an application with the City pursuant to Palm Springs Municipal Code Section 9. 60, et sect for a Tentative Tract Map to subdivide an 8. 82 acre site for a 144 unit condominium project located on the northeast corner of Amado Drive/Hermosa Drive, R--4 Zone, Section 14 (t:he"Project") ; and WHEREAS, the Applicant has filed Tentative Tract Map 27663 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 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 27663 was given in accordance with applicable law; and WHEREAS, on January 27, 1993, a public hearing on the proposed subdivision, Tentative Tract Map 27663 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 February 10, 1993, the Planning Commission adopted Resolution No. 4229, recommending that the City Council approve the proposed subdivision, subject to the findings and conditions stated in Resolution No. 4229; and WHEREAS, notice of a public; hearing of the City Council of 'the City of Palm Springs to consider the proposed subdivision was e�iven in accordance with applicable law; and WHEREAS, pursuant to Government: Code Section 66-452 . 3, City staff prepared a written report recommending than the proposed subdivision, Tentative Tract Map 27663 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 27663 , 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 �.3C_ R18056 � Page 2 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 27663, is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA") , and a Negative Declaration has been prepared for this project and has been 1 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 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 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 this Project. ' Section 2 : 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 draft General Plan. b. 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. 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 R113056 Page 3 Section 5: Pursuant to Government Code Section 66474, 'the City Council finds that with the incorporation of those conditions outlined in Exhibit A: a. The proposed map is consistent with the applicable general plan. 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. 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 . 6, 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 requirements prescribed by the Regional Water Quality Control Board; and NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Tentative Tract Map 27663 subject to those conditions set forth in Exhibit A which is 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. ADOPTEDthis 3rd ___day of March 1993 . AYES: Members Lyons, Reller-Spurgin, Schlendorf and Mayor pro tem Hodges NOES: None ABSENT: None --- . ABSTAIN: Mayor Maryanov ATTEST,: -� CI 0 LM S N CALIFORNIA City Clerk y anag r ( o REVIEWED & APPROVED eG J 3C, 3 R1 8056 Page 4 VICINITY MAP ALEJO ROAD O w 3 a O GJ AMADO ROAD PROJECT o LOCATION Z z w TAHOUITZ CANYON WAY PROJECT SITE i AMADO ROAD CITY OF PALM SPRINGS CASE N TTM 27663 DESCRIPTION Tentative tract map for Daugherty & Erdmann construction of multi-family apartments on Amado Road/Hermosa) Drive (IL) , Section 14.