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Home My WebLink About18131 - RESOLUTIONS - 7/7/1993 RESOLUTION NO. 18131 V OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 26333 , A 26 LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION LOCATED ON THE NORTHEAST CORNER OF ' THE SONORA ROAD/EL CIELO ROAD INTERSECTION, R-1-C, W-R-1-C ZONES, SECTION 19 . • WHEREAS, The Starkey Company, (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 for a 26 lot single-family residential subdivision located on the northeast corner of the Sonora Road/El Cielo Road intersection, R-1-C, W-R-1-C Zones, Section 19 (the "Project") ; and WHEREAS, the Applicant has filed Tentative Tract Map 26333 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 26333 was given in accordance with applicable law; and • WHEREAS, on June 9 , 1993 , a public hearing on the proposed ' subdivision, Tentative Tract Map 26333 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 9, 1993 , the Planning Commission adopted Resolution No. 4248, recommending that the City Council approve the proposed Subdivision, Tentative • Tract Map 26333 , subject to those conditions of approval contain9d in City Council Resolution No. 17241 adopted October 5, 1990; and WHEREAS, a notice of a public hearing of the City Council of the City of Palm Springs to consider the proposed Subdivision, Tentative Map 26333 , was given in accordance with applicable law; 1 and WHEREAS, pursuant to Government Code Section 66452 . 3 , City staff prepared a written report recommending that the proposed subdivision, Tentative Tract Map 26333 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 26333 , 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 a t� f'w"%Au Pies. No. 18131 Page 2 , 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 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 that the map was previously assessed with Case 5. 0530-PD- ' 209 . Section 2 : Pursuant to Government Code Section 66473 . 5, the City Council finds that the proposed subdivision y 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 attached as Exhibit A: a. The proposed map is consistent with the General Plan. b. The design or improvements of the proposed subdivision are consistent with the. General Plan. Y 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. Y 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 h habitat. t f. The design of the subdivision or improvements is not } likely to cause serious public health problems. 1 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 14 proposed subdivision. Section 5: 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 , R18131 Page 3 violation of existing requirements prescribed by the Regional Water Quality Control Board; and v NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Tentative Tract Map ` 26333 subject to those conditions of approval contained in Resolution No. 17241 adopted October 5, 1990, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. BE IT FURTHER RESOLVED that the City Council requires that a golf easement and hold harmless agreement be granted in favor of the City to allow for and hold the City harmless from any liability resulting from the use of the City-owned public golf course abutting the subject property. Said easement and hold harmless agreement shall be submitted for approval by the City Attorney and Director of Planning and Zoning. The agreement shall be recorded concurrently with the recordation of the final tract map. ADOPTED THIS 7th day of July 1993 AYES: Members Hodges, Reller-Spurgin, Schlendorf and Mayor Maryanov NOES: None ABSENT: Member Lyons • ATTEST: C TY OF PALM SP N S, CALIFORNIA By City Clerk City M nager t REVIEWED & APPROVED I�C� 4 Y T l f I Res. No. 18131 VICINITY MAP rt v 1 � Page 4 0��,• a RAMON RO,40 v PROJECT 'a LOCATION a SIONORA ROAD 9 l x w E. PALM ESCOBA DRf E- r O LW -- - -- - -- -' —'IPRgJECT V -- -- -L--- - -- - i * SONORA _ _ ROAD. _ r CITY OF PALM SPRINGS TTM 26333-A (Ref. 5.0530-PD-209) APPROVED SY PLAN. COMM. DATE APPLICANT The Starkey Co. APPROVED BY COUNCIL WE REMARKS Section 19 ORD. NO. RESOL. NO.