HomeMy WebLinkAbout18884 - RESOLUTIONS - 9/4/1996 RESOLUTION NO. 18884
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING TEINTATIVE
PARCEL MAP 28344 , SUBJECT TO THE CONDITIONS
STATED, TO CREATE FOUR PARCELS LOCATED AT THE
SOUTHEAST CORNER OF MATTHEW DRIVE AND CHEROKEE
WAY, C-M, W-C-•2, -AND R-1—AH ZONES, SECTION 30. '
WHEREAS, Matthew and V.irg:ie Dragicevich, (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 four parcels at the southeast
corner of Matthew Drive and Cherokee Way (the "Project") , W-C-2, C-
M, and R-1-AH Zones, Section 30; and
WHEREAS, the Applicants have filed Tentative Parcel Map 28344 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 28344 was given in accordance with applicable
law; and
WHEREAS, on July 10, 1996, a public hearing on the application for
Tentative Parcel Map 28344 was held by the Planning Commission in ,
accordance with applicable law; and
WHEREAS, at the conclusion of its public hearing on July 10, 1996,
the Planning Commission adopted Resolution No. 4505, recommending
that the City Council approve the proposed Subdivision, Tentative
Parcel Map 28344, subject to the findings and conditions stated in
Resolution 4505; and
WHEREAS, notice of public hearing of the City Council of the City
of Palm Springs to consider the proposed Subdivision, Tentative
Parcel Map 28344, was given in accordance with aipplicable: law; 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 28344 be approved, and served a copy of that report upon
the subdivider at least three (3) days prior to each of the
aforementioned hearings; 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 proposed Negative Declaration and
all written and oral testimony presented.
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: '
Section 1: Pursuant to CEQA, this 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.
R18884
Page 2 K86*11
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 existing
development contemplated by the proposed subdivision.
d. 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.
e. The design of the subdivision or improvements is not
likely to cause serious public health problems.
f. 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
g. 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 Matthew Drive to
access the site. Currently, the subject property is lacking
the required right-of-way and sidewalk improvements. However,
the future property owners will benefit from any improvements
made to Matthew Drive such as dedication of sidewalks and
future widening. The widening of Matthew Drive along Parcels
1, 2 and 3 will match up with the existing right-of-way
dedication along Parcel 4 . The required dedication of right-
of-way and improvements will provide safety benefits to the
property owners and will aesthetically enhance the
neighborhood.
R18884
Page 3
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the
City Council hereby approves Tentative Parcel Map 28344 subject to
those conditions, as on file in the Office of the City Clerk, which
are to be satisfied prior to the issuance of a Certificate of
Occupancy unless other, specified.
.ADOPTED this 4th day of September, 1996.
AYES: Members Barnes, Hodges, Oden, Spurgin and Mayor Kleindienst
NOES: None
ABSENT: None
ATTEST: CITY ��� P1�' A M k�IN CALIFORNIA
City jerk 4Oay Ra ages
REVIEWED BY:
1