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HomeMy WebLinkAbout18698 - RESOLUTIONS - 9/20/1995 RESOLUTION NO. 18698 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 27939, SUBJECT TO THE CONDITIONS STATED, TO CREATE FIFTEEN PARCELS LOCATED ALONG THE EAST SIDE OF GENE AUTRY TRAIL, SOUTH ' OF THE PALM SPRINGS CLASSIC AND NORTH OF RAMON ROAD, W-M-1-P ZONE, SECTION 18. WHEREAS, CS3F Partnership, (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 fifteen parcels along the east side of Gene Autry Trail, south of the Palm Springs Classic project and north of Ramon Road (the "Project") , M-1-P Zone, Section 18; and WHEREAS, the Applicant has filed Tentative Parcel Map 27939 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 27939 was given in accordance with applicable law; and ' WHEREAS, on July 26, 1995 a public hearing on the application for Tentative Parcel Map 27939 was held by the Planning Commission in accordance with applicable law; and WHEREAS, at the conclusion of its public hearing on July 26, 1995, the Planning Commission adopted Resolution No. 4461, recommending that the City Council approve the proposed Subdivision, Tentative Parcel Map 27939, subject to the findings and conditions stated in Resolution No. 4461; 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 27939 , was given 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, Tentative Parcel Map 27939 , 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 proposed Subdivision, Tentative Parcel Map 27939, is considered a "project" pursuant to the terms of the California Environmental Quality Act (CEQA) , and a Mitigated Negative Declaration has been prepared for the project and has been distributed for public review and comment in accordance with CEQA; and YO R18698 Page 2 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 Mitigated 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 Mitigated 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 :Mitigated 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 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. R18698 Page 3 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 requirement of dedication of the additional right-of-way to the City and the off-site improvements as related to the tentative parcel map. The right-of-way dedication and off-site improvements, which are required by the Zoning Ordinance, are related to the project since the property owners must use Gene Autry Trail to access the site. Also, the purpose of the right-of-way dedication for San Joaquin Drive along the eastern property boundary is to concur with the dedication of the subject street along the eastern frontage of the Palm Springs Classic project located to the immediate north in order to provide adequate access to Indian land located north of the Dream Homes in Cathedral City. Currently, the subject property is vacant and therefore little or no usage of the roads, sidewalks and utilities is due to the subject property at this time. However, the future property owners will benefit from any improvements made to Gene Autry Trail, Mission Drive and San Joaquin Drive such as dedication of easements, sidewalks/bikepaths and future widening. The required dedication of right-of-way and improvements will provide safety benefits to the property owners and will aesthetically enhance the neighborhood. Section 5: 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 Parcel Map 27939 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 20th day of September , 1995 . AYES: Members Lyons and Reller-Spurgin NOES: None ABSENT: None ABSTAIN: Members Kleindienst and Mayor Marya AQiJ,��I�N, BSTAIN: Member Hodges CI Y OF PALM S I CALIFORNIA By �� y— City Clerk City Man ger REVIEWED BY: � � 3 R18G98 Page 3 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 requirement of dedication of the additional right-of-way to the City and the off-sate improvements as related to the tentative parcel map. The right-of-way dedication and off-site improvements, which are required by the Zoning Ordinance, are related to the project since the property owners must use Gene Autry Trail to access the site. Also, the purpose of the right-of-way dedication for San Joaquin Drive along the eastern property boundary is to concur with the dedication of the: subject street along the eastern frontage of the Palm Springs Classic project located to the immediate north in order to provide adequate access to Indian land located north of the Dream Homes in Cathedral City. Currently, the subject property is vacant and therefore little or no usage of the roads, sidewalks and utilities is due to the subject property at this time. However, the future property owners will benefit from any improvements made to Gene Autry Trail, Mission 'Drive and San Joaquin Drive such as dedication of easements, sidewalks/bikepaths and future widening. The required dedication of right-of-way and improvements will. provide safety benefits to the property owners and will aesthetically enhance the neighborhood. Section 5: 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 Parcel Map 27939 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 20th - day of September _, 1995. AYES: Members Lyons and Reller-Spurgin NOES: None ABSENT: None AnB��ISTTRA�I�MIIN� : Members Kleindienst and Mayor Maryanov AQ1JTEs'1'PBSTAIN: Member Hodges CITY ALM IPR3NGS CALIFORNIA B `C / City Clergy\�k/// anag r �— REVIEWED BY:— — / � 3