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HomeMy WebLinkAbout18643 - RESOLUTIONS - 7/5/1995 RESOLUTION NO. 18643 l OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PRELIMINARY PLANFED DEVELOPMENT DISTRICT 236; TENTATIVE PARCEL MAP 28119 FOR THE CREATION OF A 3-LOT SUBDIVISION, AND VACATION OF A FIVE FOOT WIDE PORTION OF RIGHT-OF-WAY FOR THE PROPERTY LOCATED ON THE NORTHWEST CORNER OF ASHER , DRIVE AND TACHEVAN DRIVE, R-1-•A ZONE, SECTION 11. WHEREAS, Iry Green (tape "appli,cantp ) has :Filed an application with the City pursuant to Section 9403 . 00 of the Zoning Ordinance and the Palm Springs Municipal Code Section 9 . 62 . 010 for a Preliminary Planned Development District application and a Tentative Parcel Map to allow the subdivision of a 1. 62 acre parcel into 3 lots for the property located on the northwest corner of Esher Drive and Tachevah Drive, R-1-A Zone, Section 11. WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider the applicant's request for Preliminary Planned Development District 236 and Tentative Parcel Map 28119 was given in accordance with applicable law; and WHEREAS, the :Planning Commission, at its regular meeting on :Tune 14, 1995 , after listening to the public testimony approved Case 5. 0685-PD--236/ Tentative Parcel Map 28119 and; WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider Planned Development District 233 was posted and mailed in accordance with applicable law; and ' WHEREAS, on duly 5, 1995, a public hearing on the application for a Planned 'Development District 236 and TPM 28119 was held by the City Council in accordance with applicable law; 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 1: Pursuant to CEQA, the City Council blinds as follows,-. Pursuant to CEQA„ the City Council finds that this project is categorically exempt from an environDental assessment per Section 15315 of the California Environmental Quality Act (CEQA) . All property owners within 400 feet of the subject property have been notified. Section 2 : Pursuant to City of Palm Springs Municipal Code 9 . 62 . 010 and Government Code Section 66747, the ' City Council finds that with the incorporation of those conditions attached as Exhibit A: a. The design, improvements, and density of the proposed Planned Development District: and Tentative Parcel Map are consistent with the General Plana. b. The site is physically suitable for the Lytle of development contemplated by the proposed Planned Development district and Parcel Map and is not trimer,�zl to existing uses or to future Uses specifically permitted 1n the zone in which the proposed use is to be located. Res. 18643 y6� Page 2 C. The site for the intended Planned Development District application and Parcel Map is adequate in size and shape, required in order to permit future uses of the land in the neighborhood. d. That the minor adjustments ' o the development standards as proposed by the applicant, px.=avides for a solution to a vacant piece of property that may otherwise remain vacant if strict enforcement of the Zoning Ordinance is applied. e. That the Planned Development District application, Tentative Parcel Map and improvements allow for adequate on- site circulation and minimizes the number of driveways that would otherwise have direct access on to Tachevah Drive. f. The site is physically suitable for the proposed density of development contemplated by the proposed subdivision and is consistent with the Zoning Ordinance and General Plan. g. The proposed Planned Development District, Tentative Parcel Map and improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. h. The conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare, including any minor modifications of the zone's property development standards. i. That the proposed five foot wide portion of right-of- way is not in conflict with the General Plan of the City. Section 3 : Pursuant to Government Code Section 66473 . 5, the City Council finds that the proposed tentative parcel map 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. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Preliminary Planned Development District 236, Tentative Parcel Map 26119, and vacation of a five foot portion of right-of-way along Asher Drive subject to those conditions which are on file in the office of the City Clerk, and which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this 5th day of July , 1995. AYES: Counci I members Lyons, Reller-Spurgin & Mayor Maryanov NOES: None ABSENT. None ABSTAIN: Councilmembers Hodges & Kleindienst ATTEST: CI SPRINGS, CALIFORNIA By --- City Clerk City Manager REVIEWED & APPROVED AS TO FORM