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HomeMy WebLinkAbout19164 - RESOLUTIONS - 12/17/1997 RESOLUTION NO. 19164 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TTM 28636 SUBJECT TO THE CONDITIONS STATED, TO SUBDIVIDE 2.7 ACRES INTO SIX ' SINGLE FAMILY RESIDENTIAL LOTS LOCATED NORTH OF TAMARISK RD. BETWEEN AVENIDA PALMAS AND VIA MIRALESTE, R-1-B ZONE, SECTION 11. WHEREAS, Iry Green, (the "Applicant") has filed an application with the City pursuant to Section 9402.00 of the Zoning Code and the Pahn Springs Municipal Code Section 9.60 for a Tentative Tract Map to subdivide 2.7 acres into six single family residential lots located north of Tamarisk Rd. between Avenida Palmas and Via Miraleste (the "Project"), R-1-B Zone, Section 11; and WHEREAS, the Applicant has filed Tentative Tract Map 28636 with the City and has paid the required filing fees; and WHEREAS, said 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, continents and requirements; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Pahn Springs to consider Applicant's application for Tentative Tract Map 28636 were given in accordance with applicable law; and ' WHEREAS, on November 12, 1997, a public hearing on the application for Tentative Tract Map 28636 were held by the Planning Commission in accordance with applicable law; and WHEREAS, at the conclusion of its public hearing on November 12, 1997, the Planning Commision adopted Resolution No. 4555, recommending that the City Council approve the proposed Subdivision, Tentative Tract Map No. 28636, subject to the findings and conditions stated in Resolution No. 4555; and WHEREAS, notice of a public hearing of the City Council of the City of Pahn Springs to consider the proposed Subdivision, Tentative Tract Map No. 28636, 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 Tract Map 28636, 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 Tract Map 28636, is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and a Mitigated Negative Declaration has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and R19164 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 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 hnprovement 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. The General Plan designation for the subject site is L1 (Low Fesidential - 4 units per acre). The subject site is zoned R-1-13 (Single Family Residential) with a minimum lot size of 15,000 square feel.. All proposed lots will range in size from 15,351 square feet to 20,834 square feet. However, three Rots will not meet the minimum width requirement as defined in the R-1-I3 zone and one lot will not meet the minimum depth as defined in the R-1-13 zone. The proposed reduced lot dimensions are permitted via an Administrative Minor Modification application since the reduction in lot dimensions are not more than 10% of what is required. Thus, the map is consistent with the General Plan. b. The design or improvements of the proposed subdivision are consistent with the General Plan. Tamarisk Rd. and Via Miraleste aue designated as Collector Streets (60' R/W) in the General Plan. The applicant is required to construct full street improvements along the ' project perimeter. However, improvements along Tamarisk marisk and Avenida Palmas will be deferred by covenant since existing streets in the vicinity do not have street improvements. The purpose of deferring street improvements is to maintain the neighborhood character. The applicant will be required to construct improvements along the west side of Via Miraleste since improvements exist on the east side. Thus, the design of the proposed subdivision is consistent with the General Plan. R19164 Page 3 c. The site is physically suitable for the type of development contemplated by the proposed subdivision. Surrounding development includes single family residential development to the north, west and south. Ruth Hardy Park is located to the west. Although several of the lots do not meet the minimum lot dimensions, all lots meet the minimum R-1-13 lot size of 15,000 square ' feet. There is already an existing single family house off of Avenida Palmas that is surrounded by the proposed subdivision on thine sides. The proposed lots are similar in size and shape with the existing residence off of Avenida Palmas as well as other lots in the vicinity. d. The site is physically suitable for the proposed density of development contemplated by the proposed subdivision. The General Plan designation for the subject site is L4 (Low Residential - 4 units per acre). The subject site is zoned R-1-13 (Single Family Residential) with a minimum lot size of 15,000 square feet. All proposed lots will range in size from 15,351 square feet to 20,834 square feet. Although several lots do not meet the required lot dimensions, the proposed dimensions are permitted via an Architectural Approval application. The proposed lots will be similar in size and shape with existing lots in the area. 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. An environmental assessment was prepared for the subject site which is included in the staff report. The environmental assessment concludes that there will be no impacts as a result of ' the project with the implementation of the recommended conditions of approval and mitigation treasures. Thus, there should be no i npacts as a result of the project. f. The design of the subdivision or improvements is not likely to cause serious public health problems. All proposed conditions of approval are necessary to ensure public health and safety including, but not limited to, the requirements for street dedications, curbs, gutters and sidewalks. 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 properly within the proposed subdivision. The applicant is required per the General Plan to dedicate property along Tamarisk, Via Miraleste and Avenida Palmas. This dedication will not impact any existing easements nor existing utilities. 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 most Tamarisk Rd., Via Miraleste and Avenida Palmas to access the site. 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 properly owners will benefit from any improvements made to Tamarisk Rd., Via Miraleste and Avenida Palmas such as dedication R19164 Page 4 of easements, sidewalks/bit epaths and future widening. The required dedication of righL- of-way and improvements will provide safety benefits to the properly 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 Tract Map 28636 subject to those conditions set forth in the in Exhibit A on file in the City Clerk's office, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless other specified. ADOPTED this 17th day of December , 1997. AYES: Members Barnes, Oden, and Mayor Kleindienst NOES: Member Reller-Spurgin ABSENT: None ABSTAIN: Member Hodges ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By Ciry Clerk City Manager REVIEWED BY: 1