The URL can be used to link to this page

Home My WebLink About19242 - RESOLUTIONS - 5/6/1998 RESOLUTION NO. 19242 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 28773 SUBJECT TO THE CONDITIONS STATED, FOR A PROPOSED TWO LOT SUBDIVISION TO CREATE A ONE ACRE PARCEL FROM A 8.27 ACRE PARCEL FOR PROFESSIONAL TYPE DEVELOPMENT LOCATED ON THE SOUTH SIDE OF RAMON ROAD, BETWEEN PASEO DOROTEA AND CALLE SANTA CRUZ, P ZONE, SECTION 19, AND MAKING FINDINGS IN SUPPORT THEREOF ------------ WHEREAS, Roland K. Burbank, DVM, and Melinda S. Byers, DVM, (the "applicant") have filed an application with the City pursuant to Palm Springs Municipal Code Section 9.60 for a Tentative Parcel Map to subdivide 8.27 acres into two lots to create a one acre parcel for professional type development located at the southwest corner of Ramon Road and Calle Santa Cruz, P zone, Section 19; and WHEREAS, the purpose of the tentative parcel map is to facilitate the development of a new veterinary hospital and care facility with indoor boarding on the smaller, one acre parcel being created with the tentative parcel map at the southwest corner of Ramon Road and Calle Santa Cruz; and WHEREAS, the proposed tentative parcel map was submitted to appropriate agencies as J required by the subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comments and requirements; and WHEREAS, on March 25, 1998, a public hearing on the application for Tentative Parcel Map 28773 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission voted to recommend approval (5-0; 1 abstention, 1 absent) of the Tentative Parcel Map 28773; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Applicant's application for Tentative Parcel Map 28773 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. 28773 be approved, and that a copy of that report was served upon the subdivide at least three (3) days prior to the aforementioned meeting; and WHEREAS, pursuant to Government Code Section 66412.3, the Planning Commission has -- considered the effect of the proposed Subdivision, Tentative Parcel Map 28773, on the needs of the region in which Palm Springs is situated and has balanced these needs against the _ proposed public service needs of its residents and businesses and available fiscal and enviromnental 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 1 (..0 R19242_ Page 2 l c 1 WHEREAS, the proposed Subdivision, Tentative Parcel Map 28773, was reviewed for potential environmental impacts in conjunction with Conditional Use Permit No. 5.0771, a proposal to construct a new veterinary hospital with related care and indoor kennel facilities. The related Conditional Use Permit (CUP) is considered a "project" pursuant to the terms of the California Environmental Quality Act (CEQA); a combined Mitigated Negative Declaration has been prepared for the applications and has been distributed for public review and comment in accordance with CEQA; and ' WHEREAS, on May 6, 1998, a public hearing on the application for Tentative Parcel Map No. 28773 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 lirnited to the staff report, the 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 combined 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 Planning Commission has previously reviewed and considered and the City Council has independently reviewed and considered the information contained in the Mitigated Negative Declaration and finds that it adequately discusses any significant environmental effects of the proposed project, and that, on the basis of the combined initial study and comments received during the public review process, there is no substantial evidence that there will be any 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. The proposed tentative parcel map contemplates the development of a veterinary, hospital with related care and indoor kennel facilities, which is conditionally permitted in the P zone, per the Zoning Ordinance. This Conditional Use: Permit application was approved by the Planning, Commission on March 25, 1998 on the one acre parcel contemplated by the proposed Tentative Parce➢ Map. The 7.27 acre parcel (Parcel 2) is not proposed to be developed at this time. 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. The proposed subdivision and related development: of the veterinary hospital are: in compliance with the open space policies in the General Plan. Any future development contemplated on the remainder parcel will also be reviewed for compliance with the General Plan open space objectives and policies. R19242 Page 3 Section 4: Pursuant to Government Code Section 66474, the City Council finds that with the incorporation of these 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. 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 the 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. Section 5: Pursuant to Government Code Section 66474.6, the Planning Commission has determined that the discharge of waste from the proposed subdivision into the A existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board; and R192 Page 4 +� Page 4 C„ 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 the tentative parcel map. The off-site improvements, including, but not limited to, the installation of curb, gutter and sidewalk on the frontage of the one acre parcel, and future improvements to the 7.27 acre parcel at such time development is contemplated, which are required by City Ordinances, are related to the subdivision and proposed or future contemplated project thereon. 'The off-site improvements to be installed adjacent to the development of the veterinary hospital on Parcel 1 will benefit the owners and visitors of the business on parcel I such that curbs, gutter and sidewalk will provide for their safety and aesthetically enhance their property as well as the surrounding neighborhood. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Tentative Parcel Map 28773, subject to those conditions set forth in the Exhibit A on file in the Office: of the City Clerk. ADOPTED this 6th day of May 1998. AYES: Members Barnes, Hodges, Reller-Spurgin NOES: None ABSENT: Member Oden ABSTAIN: Mayor Kleindienst ATTEST: CITY OF-PALM SPRINGS„ CALIFORNIA ' City Clerk City Mana er iVIEWED & APPROVED 1