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HomeMy WebLinkAbout18201 - RESOLUTIONS - 10/20/1993RESOLUTION NO. 18201 OF THE CITY COUNCIL OF THE CITY OF PALM " SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 27831 TO SUBDIVIDE THE NORTHERN 10.16 ACRE PORTION OF THE SUBJECT SITE INTO SIX PARCELS LOCATED AT THE NORTHWEST CORNER OF VISTA CHINO AND SUNRISE WAY, C-D-N ZONE, SECTION 2. WHEREAS, Sunrise Scuare Partners, (the "applicant") has filed an application with the City pursuant to Palm Springs Municipal Code Section 9.60, et sect_ for a Tentative Parcel Map to subdivide the northern 10.16 acre portion of the subject site :Located at the northwest corner of Vista Cl-iino and Sunrise Way, C-D-N Zone, Section 2 (the "Project"); and WHEREAS, the Applicant has filed Tentative Parcel Map No. 27831 1 with the City and has paid the required filing fees; and WHEREAS, said Tentative Parcel 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 Parcel Map No. 27831 was given in accordance with applicable law; and 4 WHEREAS, on September 22, 1993, a public hearing on the proposed Subdivision, Tentative Parcel i'f1:ap No. 27831 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 September 22, 1993, the Planning Commission adopted Resolution No. 4274, recommending that the City Council approve the proposed Subdivision, Tentative Parcel Map No. 27831, 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 Parcel Map No. 27831 be approved, and served a copy of that report upon the subdivider at least. three (3) days prior to each of the aforementioned hearings; and WHEREAS, the proposed Subdivision„ Tentative Parcel. Map No. 27831, 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 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, all environmental data including the initial study,, the proposed Negative Declaration and all written and oral testimony presented. R18201 Page 2 Section 1: i IC6S 0 THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: 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 because mitigation measures identified in the Negative Declaration have been incorporated into the Project which mitigate any potential significant environmental effects to a point where clearly no significant environmental effects will occur as a result of the Project. The mitigation measures adopted are identified as conditions to Approval The City Council further finds that the Negative Declaration reflects its independent judgment. Section 2: A mitigation monitoring program has been adopted ' pursuant to Public Resources Code Section 21081.6 ' in order to assure compliance with the above - referenced mitigation measures during Project implementation. These mitigation monitoring measures are included as conditions of approval. 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 Section 5: 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 applicable general and specific plans. b. The design or improvements of the proposed subdivision are consistent with the General Plan. C. The 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. i IZ18201 Page 3 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 Section 7: Pursuant to (:government Code Section 66473.1, the City Council has determined that the Tentative Parcel Map does provide, to the extent feasible, for future passive or natural heating or cooling opportunities; and NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing[, the City Council hereby recommends approval of Tentative Parcel Map No. 27831 for approval subject to those conditions set forth in Exhibit A, as on file in the office of the City Clerk which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED THIS 20ih day of October , 1993 AYES: Members Hodges, Lyons, Reller-Spurgin, and Mayor Maryanov NOES: Member Schlendorf ABSENT: None ATTEST: By City' Clerk REVIEWED & APPROVED CITY OF ALMP SPRINGS- IFORNIA City Ma�ager \ C.0