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HomeMy WebLinkAbout19032 - RESOLUTIONS - 5/21/1997 RESOLUTION NO. 19032 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, C:ALIFORNIA, APPROVING PRELIMINARY PLANNED DEVELOPMENT DISTRICT NO. 246 IN LIEU OF CHANGE OF ZONE AND TENTATIVE TRACT MAP 28507, SUBJECT TO THE CONDITIONS STATED, TO ' SUBDIVIDE 83 . 8 ACRES INTO 514 RECREATIONAL VEHICLE SPACES, 36 SINGLE FAMILY RESIDENTIAL LOTS, A NINE HOLE GOLF COURSE, CLUBHOUSE, FOUR TENNIS COURTS AND SUPPORT FACILITIES LOCATED AT THE NORTHEAST CORNER OF HIGHWAY Ill AND GATEWAY DRIVE, R-1--C ZONE, SECTION 34 . WHEREAS, Stanley Broxmeyer, (the "Applicant") has 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 Preliminary Planned Development District in lieu of change of zone and a Tentative Tract Map to for a 514 recreational vehicle space resort, 36 single family residential lots, a nine hole golf course, a clubhouse, a small convenience store, and support facilities on 83 . 8 acres located at the northeast corner of Highway 111 and Gateway Drive (the "Project") , R-1-C Zone, Section 34; and WHEREAS, the Applicant has filed Preliminary Planned Development District No. 246 (PD--246) and Tentative Tract Map 28507 with the City and has paid the required filing fees; and WHEREAS, said Preliminary Planned Development District and , Tentative Tract Map were 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 Preliminary Planned Development District 246 and Tentative Tract Map 28507 were given in accordance with applicable law; and WHEREAS, on May 14, 1997, a public hearing on the application for Planned Development District 246 and Tentative Tract Map 28507 were held by the Planning Commission in accordance with applicable law; 3C,a- 246 and TTM 28507, 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 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 Mitigated 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 upon determination that the project conforms with the utilization of Large-Scale Resort designation located along the west side of Highway 111 . 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. 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 . 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. Pursuant to Fish & Game Code Section 711 . 4, this project has a de minimus impact on fish and wildlife. i . 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 planned development district and tentative tract 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 Highway 111, Gateway Drive and East Gate Road 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 the subject streets such as dedication of sidewalks 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 664"74 . 6, the Planning Commission 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 Preliminary Planned Development District 246 and Tentative Tract DIap 28507 subject to those conditions set forth in the in 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 21st day of May 1997 . , AYES : Members Barnes, Hodges, Oden , Spurgin & Mayor Kliendeinst NOES : None ABSENT:None ATTEST: CITY 0" PALM SPRINCy ( IFORNIA E-`i Ly Clerk i<ty Manager REVIEWED BY: ��✓�