HomeMy WebLinkAbout18571 - RESOLUTIONS - 3/15/1995 RESOLUTION NO. 18571
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING CASE 5 . 0684-•PD-
235 AND TENTATIVE TRACT MAP 28120, SUBJECT TO
THE CONDITIONS STATED, TO SUBDIVIDE 1. 5 ACRES
INTO FIVE SINGLE FAMILY RESIDENTIAL LOTS AND
ONE COMMON LOT LOCATED AT THE NORTHEAST CORNIER '
OF SUNRISE WAY AND EL ALAMEDA, R...1--C ZONE,
SECTION 12 .
WHEREAS, The Landau Development Company, (the. "Applicant") has
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 Planned Development District and. a Tentative Tract Map to
subdivide 1. 5 acres into 5 single family residential lots and one
common lot at the northeast corner of Sunrise Way and El Alameda
(the "Project") , P..-1-C Zone, Section 12 ; and
WHEREAS, the Applicant has filed Case 5. 0684-PD-235 and Tentative
Tract Map 28120 with the City and has paid the required filing
fees; and
WHEREAS, said Planned Development District and 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, notice of a public hearing of the Planning Commission of
the City of Palm Springs to consider Applicant's application for
Case 5. 0684-PD--235 and Tentative Tract Map 26120 were given in '
accordance with applicable law;; and
WHEREAS, on February 22 , 1995, a public hearing on the application
for Ca >e 5. 0684-PD-235 and Tentative Tract Map 27680 were `z.eld by
the: Planning Commission in accordance with applicable law; and
WIIEREAS, at tic conclusion of its public hearing an February 22 ,
1995, the Planning Conm.ission adopted Resolution No. 4333 ,
recommending tAat the City Council approve the proposed subdivision
and planned development district, Tentative Tract Nap No 28120 and
Planned Development District 235, subject to the findings and
conditions stated in Resolution No. 4333 ; 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 No. 28120 and Planned Development District 235, wasrgiven
in accordance with applicable .Law; and
WHEREAS, pursuant to Government Code Section 66412 . 3 , the City
Council has considered the effect of the proposed Subdivision, Case
5. 0684--PD-235 and Tentative Tract Map 28120, 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 replosentS the balance of these respective '
needs in a manner which is most consistent with the Ci.ty's
obligation pursuant to its police powers to protect the public
health, safety, and welfare; and
WHEREAS, the proposed Subdivision, Case 5. 0684-PD-235 and Tentative
Tract Map 28120, are 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
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Page 2 �
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, an 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 : 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
p-rovisions 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.
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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.
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 tract map and planned development applications.
Section 5: Pursuant to Government Code Section 66474 . 6, the
—T--- City Cca?ncil 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
NOTW, THEREFORE, BE IT RESCTiVE7 that, based upon the foregoing,
the City Council hereby approves Case 5. O684-PD-235 and Tentative
Tract P•iap 28120 subject to those conditions set forth in the
attached Exhibit A, on file in the City Clerks _office, which are to
be satisfied prior to the issuance of a Certificate of occupancy
unless other specified.
ADOPTED this 15th _ day of — lL-- —' 1995.
AYES: Members Kleindienst., Lyons, Reller-Spurgin and Mayor Maryanov
NOBS: None
ABSENT: None
ABSTAIN: Member Hodges
ArY"TL''cI': CITY of P' 11 E'PRS4\iGW- '
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By-— �� --- -- —
�' ity ClerkREVIEWED BY
l.ity Arana.fer
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