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HomeMy WebLinkAbout19491 - RESOLUTIONS - 4/7/1999 RESOLUTION NO. 19491 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING, SUBJECT TO THE CONDITIONS STATED, TENTATIVE TRACT MAP NO. 29135 TO GORDON KIMMICH OF KIMMICH ' CONSTRUCTION FOR A PROPOSED 12-LOT SINGLE- FAMILY RESIDENTIAL SUBDIVISION ON 5.19 ACRES OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF MORONGO TRAIL AND ON THE WEST SIDE OF ARABY DRIVE, R-1-B ZONE, SECTION 25, AND MAKING FINDINGS IN SUPPORT THEREOF. ------------- WHEREAS, Mr. Gordon Kimmich of Kimmich Construction, (the "applicant") has filed an application with the City pursuant to Section 9402.00 of the Zoning Ordinance and the Palm Springs Municipal Code Section 9.60 for Tentative Tract Map No. 29135 for a proposed 12-lot single-family residential subdivision on 5.19 acres of land on the south side of Morongo Trail and west of Araby Drive, R-1-B zone, Section 25; and WHEREAS, said application 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 public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Tentative Tract Map No. 29135 was given in accordance with applicable law; and WHEREAS, on February 24, 1999, a public hearing on the application for Tentative Tract Map No. 29135 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission voted to recommend approval(4-1; one abstention, one absent) of Tentative Tract Map No. 29135; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Applicant's application for Tentative Tract Map No. 29135 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 Tract Map No. 29135 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 City Council has considered the effect of the proposed subdivision, Tentative Tract Map No. 29135, 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 City's obligation pursuant to its police powers to protect the public health, safety and welfare; and 3 �- R19491 Page 2 30_�. WHEREAS, the proposed Tentative Tract Map No. 29135 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, on April 7, 1999, a public hearing on the application for Tentative Tract Map No. 29135 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,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 Mitigated Negative Declaration has been completed in compliance with CEQA, the State CEQA Guidelines, and 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 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 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 federal 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. Pursuant to the General Plan, the proposed subdivision map is consistent with the density, goals policies and objectives for low density residential development. b. The design or improvements of the proposed subdivision are consistent with the General Plan. The proposed subdivision map implements design strategies and policies as ' referenced in the City of Palm Springs General Plan for low-density residential development. c. The site is physically suitable for the type of development contemplated by the proposed subdivision. R19491 Page 3 The Zoning Ordinance requires a minimum lot size of 15,000 square feet and minimum width and depth dimensions of 120 feet. The proposed 12 lot subdivision is located on 5.19 acres of land with the smallest lot being 15,128 square feet and an average lot size of 15,899 square feet. The minimum lot width and depth dimensions are being shown on all lots within the subdivision. With the recommended Conditions of Approval specified in this Resolution, the subdivision ' meets all applicable development criteria specified for the R-1-B zone in the Zoning Ordinance. d. The site is physically suitable for the proposed density of development contemplated by the proposed subdivision. The proposed subdivision is within a R-1-B zoning classification and designated L4 by the City of Palm Springs General Plan. According to the General Plan, a low density development not to exceed 4 units per acre should be provided on the property. The proposed subdivision has a density of approximately 2.3 units per acre. Surrounding land uses include single family residential development exists in three directions of the property at a density similar to the proposed development. To the north, multiple family development exists at a density that serves as a transition between the high density residential areas to the north and the site. 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 has been conducted in regards to the proposed subdivision and it was determined, with the recommended mitigations incorporated ' into the attached Conditions of Approval, that the subdivision will not have a detrimental impact on the environment. f. The design of the subdivision or improvements is not likely to cause serious public health problems. The subdivision has been designed to minimize potential safety issues by not allowing individual driveways on the perimeter collector streets (Morongo Trail and Araby Drive). The proposed single family residential use is compatible with the surrounding neighborhood and is not a use typical of causing 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. The project will not conflict with the existing traffic flow adjacent to the property along Morongo Trail and Araby Drive or access to utilities required to serve the subdivision and the immediate area. h. A nexus or rough proportionality have been established for requirement of dedication of additional right-of-way to the City or the off-site improvements as related to the tentative tract map. The off-site improvements, which are required by the Zoning Ordinance, are related to the project to provide needed services and access for future residents of the site and will benefit the public at large by providing needed sections of sidewalk, pavement widening, etc. across the property frontage. Currently, the 3L3 R19491 Page 4 2 subject property is vacant and therefore no usage of the roads, sidewalks and 3C.v utilities is generated from the subject property. The required improvements will provide safety benefits to the property 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 No. 29135, subject to those conditions set forth in Exhibit A, on file in the office of the City Clerk, which are to be satisfied prior to recordation of a final map or the issuance of a Certificate of Occupancy, unless other specified. ADOPTED this 7th day of Apr- 1 1999. AYES: Members Barnes, Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: Member ABSTAIN: ATTEST: CITY PALM SPRING , CALIFORNIA City Clerk Ci Manager ' REVIEWED AND APPROVED: