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HomeMy WebLinkAbout18510 - RESOLUTIONS - 11/16/1994 RESOLUTION NO. 18510 OF THE CITY COUNCIL OF THE CITY 0.E PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 28003 , SUBJECT TO THE CONDITIONS STATED, TO CREATE FOUR PARCELS LOCATED AT THE NORTHEAST COPITER OF GENE AUTRY TRAIL AND TACHEVAH DRIVE, W-M-1-:P ZONE, SECTION 7 . ' WHEREAS, GATTD Ltd. , (the "Applicant") have filed an application with the City pursuant to Section 9402 . 00 of the Zoning Code and the Palm Springs Municipal Code Section 9 . 60 for a Tentative Parcel. Map to create four parcels at the southeast corner of Gene Autry Trail and Tachevah drive (the "Project") , M-1-P Zone, Section 7; and WHEREAS, the Applicant has filed Tentative Parcel Map 28003 with the City and have 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, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Tentative Parcel Map 28003 was given in accordance with applicable law; and WHEREAS, on November 9, 1994, a public hearing on the application for Tentative Parcel Map 28003 was held by the Planning Commission ' in accordance with applicable law; and WHEREAS, at the conclusion of its public hearing on November 9, 1994 , the Planning Commission adopted Resolution No. , recommending that the City Council approve the proposed Subdivision, Tentative Parcel Map No. 28003 , subject to the findings and conditions stated in Resolution No. ; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider the proposed Subdivision, Tentative Parcel Map 28003 , was given in accordance with applicable law; and WHEREAS, pursuant to Government Code Section 66,452 .3 , City staff prepared a written report recommending that the proposed Subdivision, Tentative Parcel Map No. 28003 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, Tentative Parcel Map 28003 , 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 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. acoo R18510 Page 2 CD,(_a_ THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds as follows: The Project is categorically exempt from the requirements of CEQA pursuant to Section 15315 ' which exempts subdivisions of four or fewer parcels. Section 2 : 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 3 : Pursuant to Government Code Section 65567, the City Council finds that the proposed subdivision and the provisions for its design and improvements 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 in 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. 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 h. A nexus and rough proportionality have been established for the requirement of the dedication of the additional right- of-way to the City and the off-site improvements as related to this tentative parcel map application. ' The right-of-way dedications and off-site improvements related to the tentative parcel map application are required to comply with the City of Palm Springs General Plan designations for Gene Autry Trail and Bird Center Drive. R18510 Page 3 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Tentative Parcel. Map 28003 subject to those conditions set forth in Exhibit A, on file in the in the City Clerks office, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless other specified. ADOPTED this 16th day of November 1994 . AYES: Members Hodges, Kleindienst, Lyons, Reller-Spurgin and Mayor Maryanov ' NOES: None ABSENT: None ATTEST: CITY 0( PALM SPRINGS CIALIFORNIA i -� City Clerle Ci Mzxnage REVIEWED & APPROVED AS TO FORM_ _— 1 O'C3 1