Loading...
HomeMy WebLinkAbout18729 - RESOLUTIONS - 11/15/1995 RESOLUTION NO. 18729 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 28284 FOR THE CREATION OF A SINGLE PARCEL FOR CONDOMINIUM PURPOSES LOCATED ON THE SOUTHEAST CORNER OF INDIAN CANYON DRIVE AND ' VISTA CHINO, R-3ZONE SECTION 11�- - - - WHEREAS, Linsu Development (the "applicant") has filed an application with the City for a Tentative Tract Map to allow the creation of a single parcel for condominium purposes for the property located on the southeast corner of Indian Canyon Drive and Vista Chino, R-3 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 Tentative Tract Map 28284 was given in accordance with applicable law; and WHEREAS, on November 8, 1995, a Public Hearing on the application for Tentative Tract Map 28284 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed Tentative Tract Map is required for the development of the approved 38-unit (Case 5 . 0701-PD-240) condominium project previously approved by the City Council approved on November 1, 1995; and WHEREAS, notice of a public hearing of the City Council of the City ' of Palm Springs to consider the applicant's request for Tentative Tract Map 28284 was given in accordance with applicable law; and WHEREAS, on November 15, 1995, a Public hearing on the application for Tentative Tract Map 28284 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 finds as follows: A Negative Declaration has been filed for the project which includes PD-240 and an Owner Participation Agreement in compliance with 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, there is no substantial environmental effects as a result of the approval of this project. The City Council further finds that the Negative Declaration reflects its independent judgement. I to R1£5729 Page 2 Section 2 : Pursuant to City of Palm Springs Municipal Code 9 . 62 . 011) and Government Code Section 66747, the City Council finds that with the incorporation of those conditions attached as Exhibit A: a. The design and improvements of the 'proposed tentative tract map are consistent with the General Plan. b. The site is physically suitable for the type of ' development contemplated by the proposed subdivision and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. C. The site for the intended tract map is adequate in size and shape, required in order to permit the development of the proposed 38-unit condominium. f. The site is physically suitable for the proposed density of development contemplated by the proposed subdivision. g. The proposed tentative tract 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. 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 the Tentative Tract Map application. The dedication of right-of-way along Indian Canyon Drive and Vista Chino, the off-site improvements and undergrounding of utilities, and the upgrading of the signal light, which are required by City ordinances, are related to the project. Currently, the 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 improvements to Vista Chino as well as the future undergrounding of the utilities. The right-of- way dedication is, required for purposes of a safe turning radius and the off'-site roadway improvements (such as roadway widening and sidewalks) . The occupants; of the proposed condominium must use Indian Canyon Drive and Vista Chino to access the subject property, thereby benefitting from the subject improvements. The required dedication of right-of- way, related improvements and undergrounding of utilities will provide safety benefits to the property owners and will aesthetically enhance the neighborhood. Section 3 : Pursuant to Government Code Section 66473 . 5, the City Council finds that the proposed tentative , tract map and the provisions for its design and improvement are compatible with the objectives, policies and general land ruses and programs provided in the City's General Plan. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Tentative Tract Map 28284 subject to those conditions set forth in :Exhibit A, which are on file at the R18729 Page 3 City Clerks Office, and which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this 15th day of November , 1995. ' AYES: Members Kleindienst, Lyons, Reller-Spurgin and Mayor Maryanov NOES: None ABSENT: Member Hodges ATTEST: CI Y OF PALM SPR CALIFORNIA Byrd_ City Clerk Cit Manager REVIEWED & APPROVED 1 � 3 R18724 VICINTYPage MA}' VIA ESCIFI,A 4 / PROJECf LOCAWN VI5fA CHNO 220 N.f.S. Ck uCK4UN LA ROAn , Ml;l.AWft — WD�'IfPL fPL}UM DKIVt; V15TA CHINO z Q71 FFO'fcf o z Dom rx�xr r� CITY OF PALM SPRINGS CASE NO. y,070-2401 fnA 28284 DESCRIPTION _ m 17BUMM APPLICANT CW5 Mbl.5 POP 1215MCf FOR A 58-WIf COWOMINMI rPO ECf MVEI.0 mEw LOCA-IfV Af Tff 50UHMf C01UR CE V15fA CHNO AW IWIM CANYON WIVE, R-3 ZONE, 5600N 11.