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Home My WebLink About18212 - RESOLUTIONS - 11/3/1993 RESOLUTION NO. 18212 , OF THE CITY COUNCIL OF THE CITY OF PALM , SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 20603-A, SUBJECT TO THE CONDITIONS STATED, FOR A 55 LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION ON ACANTO ROAD, R-1-B ZONE, SECTION 35 J WHEREAS, Mrs. Beulah M. Raehn/Raehn Family Trust, (the "Applicant") has filed an application with the City pursuant to Palm Springs Municipal Code Section 9. 60 for a Tentative Tract Map for a 55 lot " single family residential subdivision on Acanto Road east of South Palm Canyon Drive (the "Project") , R-1-B Zone, Section 35; and WHEREAS, the Applicant has filed Tentative Tract Map 20603-A with , the City and has paid the required filing fees; and r WHEREAS, said Tentative Tract: Map was submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal (:ode, 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 20603-A was given in accordance with applicable law; and, WHEREAS, on October 13, 1993, a public hearing on the proposed subdivision, Tentative Tract Map 20603-A 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 October 13 , 1993, the Planning Commission adopted Resolution No. 4276, recommending that the City Council approve the proposed subdivision, Tentative Tract Map 20603-A, subject to the findings and conditions stated in Resolution No. 4276; and , WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider the proposed subdivision, Tentative Tract: Map 20603-A, 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 each of the aforementioned hearings; 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 approval of the proposed subdivision represents the balance of ' these respective needs in a manner which is most consistent: with the Ctity's obligation pursuant to its police powers to protect the public health, safety and well-are; and w ID R18212 Page 2 nn R WHEREAS, the proposed Tentative Tract Map 20603-A is considered a "project" pursuant to the terms of the California Environmental Quality Act ('10EQA11) ; 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. 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. The City Council further finds that the Negative Declaration reflects its independent judgment. ' Section 2: The City Council adopted Resolution No. 17598 for ' the Canyon Park Resort and Spa Specific Plan on July 19, 1991 which included a Statement of Overriding Considerations. Significant impacts which were identified included, water quality, biology, noise, air quality and energy consumption. The environmental impacts and mitigation monitoring program were considered in the review of the Project and all appropriate mitigation measures have been incorporated as conditions of approval. Section 3 : 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 measures are included as conditions of approval to the Project. Section 4 : 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 r general land uses and programs provided in the City's General Plan; and Section 5: Pursuant to Government Code Section 66474, the City ' Council finds that with the incorporation of those conditions contained in Exhibit A: a. The proposed map is consistent with the City's General Plan. F R18212 Page 3 b. The site is physically suitable for the type of development contemplated by the proposed subdivision. r C. The site is physically suitable for the type of development contemplated by the proposed subdivision. 1 d. 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. g. The design of the subdivision or improvements is not likely to cause serious public health problems:. Section 4 : 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 20603-A 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 othea- specified. ADOPTED this 3rd day of _November , 1993 . AYES: Members Hodges, Lyons, and Mayor pro tem Reller-Spurgin ' NOES: Member Schlendorf + ABSENT: Mane ABSTAIN: Mayor Maryanov ��`` ATTEST: CI Y OF PALM SPRIT CALIF'ORNIA / /II 9� ' City Clerk , It snag REVIEWED & APPROVED_ ___ w r r R18212 R-I-D ` 27 26 25 24 23 22, 21 20 i9 13 17 i 16 26 34 35 36 37 38 15 29 30 31 r 32 33 41 14 42 40 39 13 R-1-B 43 R-1-B 44 45 46 12 1 I 48 47 11 10 I i 49 9 50 51 7 B > L moo 53 52 6 5 IA rFA`? CI CA _ _ 4 p[ 54 A VtCINITY MAP z I' Icbo' 5 5 IP 3 O } Z TTZAIL _ ACANTO DRIVE J � S171n c��'-� LIMIT . s ` CITY OF - PALM SPRINGS SE No. Tentative Tract flap 206031A APPROVED BY PLAN. COMM. DATE PLICANT Y. [I. Amin/8uelah Raehn APPROVED BY COUNCIL DATE MARKS '�eCtl Oft ORR. NO. RESOL. NO. c