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HomeMy WebLinkAbout19407 - RESOLUTIONS - 11/23/1998 RESOLUTION NO. 19407 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TTM 28852 AND PRELIMINARY PLANNED DEVELOPMENT DISTRICT NO. 250 (CASE ' 5.0787) SUBJECT TO THE CONDITIONS STATED, TO SUBDIVIDE 2.32 ACRES INTO TWELVE SINGLE FAMILY RESIDENTIAL LOTS LOCATED AT THE NORTHWEST CORNER OF CALLE AMIGOS AND SUNNY DUNES, R-1-C ZONE, SECTION 23. WHEREAS, Dennis Cunningham, (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 Tentative Tract Map 28852 and PPD 250 to subdivide 2.32 acres into twelve single family residential lots located at the northwest corner of Calle Amigos and E. Sunny Dunes (the "Project"), R-1-C Zone, Section 23; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's applications for the Tentative Tract Map 28852 and PPD 250 were given in accordance with applicable law; and WHEREAS, on October 14, 1998, a public hearing on the applications for the Tentative Tract Map 28852 and PD 250 were held by the Planning Commission in accordance with applicable law; and WHEREAS, at the conclusion of its public hearing on October 14, 1998, the Planning Commision adopted Resolution No. 4608, recommending that the City Council approve Tentative Tract Map 28852, PPD No. 250, subject to the findings and conditions stated in Resolution No. 4608; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider Tentative Tract Map 28852 and PD 250 Subdivision, 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 28852 and PD 250, 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 28852/PPD 250/Case 5.0787, 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 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. a� R19407 Page 2 THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds as follows: The final Mitigated Negatiive 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 Ar ' a. The proposed map and preliminary planned development district are consistent with the applicable general and specific plans. The subject property is designated as L6 (Low Residential) with 6 units per acre and is zoned PD. The application entails subdividing 2.32 acres into twelve single family residential lots. The project complies with the General Plan. Thus, the proposed project should not be a significant impact to the surrounding neighborhood. b. The design or improvements of the proposed subdivision are consistent with the General Plan. The subject site is designated as L6 (Low Residential - 6 units per acre). The project will be compatible with the General Plan and with existing land use designations to the north. There is an existing 25 foot easement along the western perimeter of the project site which will provide an adequate buffer for the existing shagle family residences. In addition, Calle Amigos and Sunny Dunes will provide a buffer for the existing residences to the east and south. Thus, the project should be compatible with the surrounding neighborhood. c. The site is physically suitable for the type of development contemplated by the ' proposed subdivision. The project will comply with all R-1-C property development standards with the exception of lot sizes, side yard setbacks and lot width. There is an existing 25 foot easement. along the western perimeter of the project site which should provide an adequate buffer for the existing single family_residences. In addition, Calle Amigos and Sunny Dunes will provide a buffer for the existing residences to the east and south. Thus, the project should be compatible with the surrounding neighborhood. R19407 Page 3 d. The site is physically suitable for the proposed density of development contemplated by the proposed subdivision. The project will be compatible with existing land use designations to the north based on the density and lot sizes. There is an existing 25 foot easement along the western perimeter of the project site which should provide an adequate buffer for the existing 1 single family residences. In addition, Calle Amigos and Sunny Dunes will provide a buffer for the existing residences to the east and south. In addition, the Planning Commission previously approved a master plan at the northwest comer of Sunrise Way and Sunny Dunes which contained lots of similar size and shape. Thus, the project should be compatible with surrounding neighborhood. e. The.site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. Conditions of this project will require dedication of right-of-way along Sunny Dunes so that the street can be developed to the ultimate right-of-way as required by the General Plan such that this roadways will not be negatively impacted by trips generated from this project. f. The conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare, including any minor modifications of the zone's property development standards. All proposed conditions of approval are necessary to ensure public health and safety including, but not limited to, the requirements for median islands, curb, gutter and sidewalks. 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 off-site improvements, which are required by the Zoning Ordinance, are related to the project since the property owners must use E. Sunny Dunes and Calle Amigos 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 property owners will benefit from any improvements made to E. Sunny Dunes and Calle Amigos such as dedication of easements, 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. -IE3 1 R19407 Page 4 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Tentative Tract Map 28852 and PD 250 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 23rdday of November_, 1998. ' AYES: Members Barnes, Hodges, Oden and Rel 'ler-Spurgin NOES: None ABSENT: Mayor Kleindienst ATTEST: T ALM S, S, CALIFORNIA City Clerk City Manager REVIEWED BY: �_