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Home My WebLink About18839 - RESOLUTIONS - 6/19/1996 RESOLUTION NO. 18839 OF THE CITY COUNCIL OF THE CITY OF PALM ' SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 26377, TO SUBDIVIDE 9 . 95 ACRES INTO TWO PARCELS LOCATED AT 1000 BOGERT TRAIL, JUST EAST OF GOLDENROD LANE, W-R-1-B/SPECIFIC PLAN 1A, SECTION 35 . WHEREAS, Mainiero, Smith and Associated, Inc . for the Edward Furer Trust (co-trustees include, John Phillip Kiel, Heidi Lynn Cook and Judy Diane Perry) have filed an application with the City pursuant to the Palm Springs Municipal Code Section 9 . 60 for a Tentative Parcel Map to subdivide 9 . 95',-acres into two parcels located at 1000 Bogert Trail, just east of Goldenrod Lane (the "Project" ) , W-R-1-B Zone/Specific Plan 1A; and WHEREAS, the purpose of the tentative parcel map is to facilitate the sale of an existing single family house which is currently located on the subject 9 . 95 acre lot ; and WHEREAS, the proposed 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, on May 22 , 1996, a public hearing on the application for Tentative Parcel Map 26377 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission voted to recommend approval (5-0 ; 2 abstentions) of Tentative Parcel Map 26377; and WHEREAS, notice of a public hearing of. the City Council of the City of Palm Springs to consider the subject application for Tentative Parcel Map 26377 was given in accordance with applicable law; and WHEREAS, pursuant to Government Code Section 66452 . 3 , City staff prepared a written report with the Planning Commission recommendation that the proposed subdivision, Tentative Parcel Map No. 26377 be approved, and that a copy of that report was served upon the subdivider at least three (3) days prior to the aforementioned hearing; and WHEREAS, pursuant to Government Code Section 66412 . 3 , the City Council has considered the effect of the proposed Subdivision, Tentative Parcel Map 26377, 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, on June 19, 1996, a public hearing on the application for Tentative Parcel Map 26377 was held by the City Council in accordance with applicable law; and WHEREAS, the City Council has carefully reviewed and considered all /CW 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. R18839 Page 2 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 Specific Plan 1A. The proposed tentative parcel map does not entail any development except for an existing single family house and related accessory structure . The General Plan and Specific Plan IA allow for up to 20 single family residential units; therefore, the proposed subdivision is compatible with the General Plan and Specific Plan IA. 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. Within the proposed subdivision a single family house and related accessory structure exist as well as outdoor recreation areas which comply with the open space policy of the General Plan. No further development is proposed at this time for either parcel . Therefore, the subject project is in compliance with the objectives and policies within the City' s local open space plan. 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 . No additional development is proposed at this time and no development is proposed as part of this tentative parcel map application. d. The site is physically suitable for the proposed density of development contemplated by the proposed subdivision. The proposed subdivision entails no other development other than the existing single family house and accessory structure located on Parcel 1 . R18839 Page 3 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 . No additional development is proposed. 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 subdivision. 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. No change in the discharge of waste will occur as a result of the proposed subdivision since no additional development is proposed. Section 6 . 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 - tentative parcel Map. The off-site improvements, including but not limited to, the installation of curb, gutter and sidewalk, which are required by City ordinances, are related to the project . The off-site roadway improvements to be installed adjacent to the developed Parcel 1, will benefit the occupants of the existing single family home such that curbs, gutter and sidewalk will provide for their safety and will aesthetically enhance their property as well as the surrounding neighborhood since all required improvements have been installed west of the subject property. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council approves Tentative Parcel Map 26377 subject to those conditions set forth in Exhibit A on file in the Office of the City Clerk. ADOPTED this 19th day of June 1996 . AYES : Members Barnes, Hodges, Oden, Spurgin and Mayor Kleindienst NOES : None ABSENT: None ATTESST:� C TY OF PALM S R NGy , CALIFORNIA BY i_ i . :t r (� C I_C C,i-ty Clerk i Ma lager REVIEWED & APPROVED