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Home My WebLink About19429 - RESOLUTIONS - 12/16/1998 RESOLUTION NO. 19429 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 28994, SUBJECT TO THE CONDITIONS STATED, TO CREATE TWO PARCELS LOCATED AT THE NORTHEAST ' CORNER OF S. PALM CANYON DRIVE AND E. SUNNY DUNES ROAD C-2 ZONE, SECTION 23. WHEREAS, Fountainhead Enterprises, LTD., (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 two parcels at the northeast corner of S. Palm Canyon Way and E. Sunny Dunes Rd. (the "Project"), C-2 Zone, Section 23; and WHEREAS, the Applicants have filed Tentative Parcel Map 28994 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 28994 was given in accordance with applicable law; and WHEREAS, on November 12, 1998, a public hearing on the application for Tentative Parcel Map 28994 was held by the Planning Commission in accordance with applicable law; and WHEREAS, at the conclusion of its public hearing on November 12, 1998, the Planning Commision adopted Resolution No. 4619, recommending that the City Council approve Tentative Parcel Map 28994, subject to the findings and conditions stated in Resolution No. 4619; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider Tentative Parcel Map 28994, was given in accordance with applicable law; and WHEREAS, on December 16, 1998, a public hearing on the application for the Tentative Parcel Map 28994 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 limited to the staff report, and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section : Pursuant to CEQA, the City Council finds as follows: The Project is categorically exempt from the requirements of CEQA pursuant tom Section 15315 which exempts subdivisions of four or fewer parcels. 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 a R19429 Page 2 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 site is designated as RC (Resort Commercial) in the General Plan. The map and proposed uses meets all objectives of the General Plan and Zoning Ordinance. The applicant is required to submit an Administrative Minor Modification (AMM) for a reduction in lot area for Lot 1 prior to submitting the final map. Thus, the map is consistent with the general plan. b. The design or improvements of the proposed subdivision are consistent with the General Plan. Conditions of this project will require dedication of right-of-way along S. Palm Canyon Dr. and E. Sunny Dunes Rd, so that the streets can be developed to the ultimate right-of- way as required by the General Plan such that these roadways will not be negatively impacted by trips generated from this project. Additionally, a traffic study was prepared for this project which states that the level of service (LOS) at the intersection will ' continue to remain at LOS A with construction of the project. Thus the required improvements are consistent with the General Plan. c. The site is physically suitable for the type of development contemplated by the proposed subdivision. The Zoning Ordinance requires a minimum lot size of 20,000 square feet unless the project is apart of a master plan. The project is located on 1.26 acres and meets all property development standards subject to conditions of approval. The applicant is required to submit an Administrative Minor Modification (AMM) for Lot 1 for a reduction in lot area prior to submitting the final map. d. The site is physically suitable for the proposed density of development contemplated by the proposed subdivision. The Zoning Ordinance requires a minimum lot size of 20,000 square feet unless the project is apart of a master plan. The project is located on 1.26 acres and meets all property development standards subject to conditions of approval. The applicant is required to submit an Administrative Minor Modification (AMM) for Lot 1 for a reduction in lot area prior to submitting the final map. 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. The proposed subdivision is located in an urban environment completely surrounded by development. Thus, the proposed subdivision should not impact the environment relating to fish and wildlife. R19429 Page 3 ' 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 median islands, curb, gutter and sidewalks. 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 must use S. Palm Canyon Drive and E. Sunny Dunes Road to access the site. Currently, the subject property previously contained two vacant buildings and therefore little or no usage of the roads, sidewalks and utilities is due to the subject property. However, the property owners will benefit from any improvements made to S. Palm Canyon Drive and E. Sunny Dunes Road 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. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council ' hereby approves Tentative Parcel Map 28994 subject to those conditions set forth in the attached Exhibit A, 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. BE IT FURTHER RESOLVED, that the City Council directs City Staff to prepare an amendment to the Conditional Use Permit No. 5.0759-A to remove the requirement that the developer pay for the maintenance of the landscape median island. ADOPTED this 16th day of December , 1998. AYES: Members Barnes, Hodges, 0den, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: None ATTEST: CITY OF PALM SP S, ORNIA By: City Clerk / City Manager REVIEWED BY: Lvwa t...�1rnvo ....fir, w . �r.�rr. .war Nw�• ��M/ww nM MY�frl CkOU1P )AI' TM 3lW MLN" X?Vd I i ms yw.Yo R s —� wo& s_wm .w{ns v riaura�nvl r swW t AOd ri u S3100Y 7VM9 ' n \ yAJlw.km ,1Y931 ,� p0 2 �•,:c t`S to , O O ✓L"I Y Vd 9 (/UC�IV 1M