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Home My WebLink About18148 - RESOLUTIONS - 7/21/1993 RESOLUTION NO. 18148 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 27633 TO SUBDIVIDE A 6.76 ACRE SITE FOR A 134 UNIT CONDOMINIUM PROJECT LOCATED AT 2801 AVERY DRIVE, R-3 ZONE, SECTION 24. r� WHEREAS, Richard K. Ehrlich, (the "Applicant") has filed an application with the City pursuant to Palm Springs Municipal Code ry Section 9. 60, et seg. for a Tentative Tract Map to subdivide an 6.76 acre site for a 134 unit condominium project located at 2801 Avery Drive, R-3 Zone, Section 24 (the"Project") ; and WHEREAS, the Applicant has filed Tentative Tract Map 27633 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 27633 was given in accordance with applicable law; and WHEREAS, on March 10, March 24 and April 14, 1993 , public hearings on the proposed subdivision, Tentative Tract Map 27633 were 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 April 14, 1993, the Planning Commission adopted Resolution No. 4240, recommending that the City Council approve the proposed Tentative Tract May 27633 , subject to the findings and conditions stated in Resolution 'J No. 4240; and r WHEREAS, notice of a public hearing of the City Council of the City + of Palm Springs to consider the proposed Subdivision 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 27633 be approved, and served a copy of that report upon the subdivider and each tenant of the subject property 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 27633 , 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 w r �� Res. No. 18148 Page 2 r 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 27633, is considered exempt pursuant to the terms of the California Environmental Quality Act (110EQA11) ; 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 l: Pursuant to CEQA, the City Council finds that the Project is categorically exempt from the r requirments of CEQA pursuant to Section 1.5301.(k) . w I Section 2 : Pursuant to Government Code Section 66473 .5, the City Council finds that the proposed subdivision „ I and the 'provisions for its design and improvement 1 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 in Exhibit A on file in the City Clerk's office: a. The proposed map is consistent with the draft General v. Plan. ... b. The design or improvements of the proposed subdivision are consistent with the draft 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 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 and has a de minimus impact on fish and wildlife pursuant to Fish and Game code Section 711. 4 . f. The design of the subdivision or improvements is not 4 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 r proposed subdivision. r r r v Res. No. 18148 ' Page 3 ti h. Undergrounding of the utilities is required under Section V, Chapter 8 of the Municipal Code, the City's General Plan calls for the undergrounding of utilities and the owner current applicant previously signed a petition to participate in an assessment district to underground the utilities. 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 violation of existing requirements prescribed by Y 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 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. r ADOPTED this 21st day of July 1993 . AYES: Members Hodges, Lyons, Reller-Spurgin, Schlendorf and Mayor Maryanov NOES: None ABSENT: None ATTEST__ j CI O LM S IN S CALIFORNIA By: L City Clerk lity Managelt REVIEWED & APPROVED � — y .J 7,13 r I VICINITY MAP _ SONORA ROAD _ w �(� > PROJECT c Q cc o LOCATION ? ° CC cc DRNE LL co 1A J PALM LCANYON � ESCOBA DRIVE ¢ `1 Q Q F a 2(r U AfERY D� r PROJECT SITE r PALM � —�--CA4NYpN CITY OF PALM SPRINGS ` CASE NO. TTM 27633 DESCRll'T10N Tentative Tract Map to APPLfl Richard K. Ehrlich convert a 134-unit apartment to condos, " 2801 Avery Drive, R-3 Zone, Sec 24. Y' i