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HomeMy WebLinkAbout19517 - RESOLUTIONS - 5/19/1999 RESOLUTION NO. 19517 OF THE CITY OF PALM SPRINGS,CALIFORNIAAPPROVING, SUBJECT TO THE CONDITIONS CONTAINED HEREIN, CHANGE OF ZONE, CASE NO. 5.0808 AND TENTATIVE TRACT MAP 29075 TO BERGHEER CALIFORNIA, INC. FOR THE PURPOSE OF FUTURE DEVELOPMENT OF A 36 LOT ' SINGLE FAMILY RESIDENTIAL SUBDIVISION, FROM R-1-AH (20,000 SQUARE FOOT SINGLE FAMILY RESIDENTIAL)TO R-1-B (15,000 SQUARE FOOT SINGLE FAMILY RESIDENTIAL) ON 18.53 ACRES OF LAND GENERALLY LOCATED ON THE NORTH SIDE OF PASEO EL MIRADOR, BETWEEN PASEO DE ANZAAND AVENIDA CABALLEROS, R-1-AH ZONE, SECTION 11, AND MAKING FINDINGS IN SUPPORT THEREOF. WHEREAS, Bergheer California, Inc. (the"applicant"), has filed an application with the City pursuant to Palm Springs Municipal Code Section 9407.00 of the Zoning Ordinance amending the Zoning Map designation of the same site from R-1-AH(20,000 square foot single family residential)to R-1-B(15,000 square foot single family residential) and Section 9.60 fora Tentative Tract Map and Palm Springs Municipal Code fora proposed 36-lot single family residential subdivision on 18.53 acres of land on the north side of Paseo el Mirador, between Paseo de Anza and Avenida Caballeros, R-1-AH zone, Section 11; and WHEREAS,the applicant has filed Tentative Tract Map 29075 and the Change of Zone,Case No. 5.0808 with the City and has paid the required filing fees; 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 considerApplicant's application for Change of Zone,Case No.5.0808 and Tentative Tract Map 29075 was given in accordance with applicable law; and WHEREAS, on March 24, 1999 and continued to April 14, 1999, a public hearing on the application for Change of Zone, Case No. 5.0808 and Tentative Tract Map 29075 was held by the Planning Commission of the City of Palm Springs in accordance with applicable law; and WHEREAS, the proposed Change of Zone, Case No. 5.0808 and Tentative Tract Map 29075 are considered a"project"pursuantto the terms of the California Environmental Quality Act ("CEQA"), and a Negative Declaration has been prepared for this project and has distributed for public review and comment in accordance with CEQA requirements; and WHEREAS, pursuant to Government Code Section 66412.3, the Planning Commission ' considered the effect of the proposed subdivision,Zone Change, Case No. 5.0808 and the concurrent application for Tentative Tract Map 29075 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 3 is most consistent with the City's obligation pursuant to its police powers to protect the public health, safety and welfare; and R19517 Page 2 WHEREAS,the Planning Commission carefully reviewed and considered all of the evidence 3(00% presented in connection with the hearing on the project, including, but not limited to the staff report, and all written and oral testimony presented; and WHEREAS, on March 24, 1999 and continued to April 14, 1999, the Planning Commission of the City of Palm Springs considered the applications and on April 14, 1999 voted to ' recommend approval(4-0; 1 abstention and 2 absent)of Change of Zone, Case No. 5.0808 and Tentative Tract Map 29075 with conditions,subjectto the findings as stated in Resolution 4639, as adopted by the Planning Commission; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Applicant's application for Case No. 5.0808 (Zone Change) and the companion application for Tentative Tract Map 29075 was given in accordance with applicable law;and WHEREAS, on May 19, 1999, a public hearing on the application for Change of Zone, Case No. 5.0808 and Tentative Tract Map 29075 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 of the project, including, but not limited to the staff report the action bythe Planning Commission„the environmental assessment,and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Pursuant to CEQA, the City Council finds as follows: ' Section 1: Thefinal Negative Declaration has been completed in compliancewith CEQA, the State CEQA Guidelines,and the City's CEQA implementation procedures contained in the City's CEQA Implementation Guidelines. The City Council has independently reviewed and considered the information contained in the 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 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 Negative Declaration reflects its independent judgement. Section 2. Pursuantto Government Code Section 66473.5,the City Council finds that the change of zone and 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 change of zone and subdivision, and the provisions for its design and improvements are compatible with the objective policies and federal land use provided in the City's 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. R19517 Page 3 The proposed zone change to R-1-B of the subject site complies with the density parameters as specified in the General Plan for the L2 (Very Low Density) and L4 (Low Density) designations. 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 proposal to change the zone, and the design or improvements of the proposed subdivision on the same site are consistent with the General Plan. The proposed zone change and subdivision reap 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. Zone Change 5.0808 as a companion application with Tentative Tract Map 29075, is requesting a change of zone from R-1-AH (20,000 square foot minimum lot size) to R-1-B (15,000 square foot minimum lot size). Although all proposed lots meet or exceed minimum square footage requirements as specified forthe R-1-B zone, a numberof lot configurations do not meet the minimum lot width and length dimension of 120 lineal feet each. The Municipal Code grants authority to the Director of Planning and Building through the "Administrative Minor Modification" application procedure to grant , deviations not exceeding 20% as noted in the Municipal Code from the minimum lot square footage, depth, and width. This procedure is based on such administrative determinations not adversely impacting the integrity of the proposed R-1-B zone district. The proposed 36-lot subdivision is located on 18.53 acres of land with the smallest lot proposed as 15,001 square feet and an average lot size of 16,626 square feet. Following a separate process for Administrative Minor Modification as described above, with the recommended Conditions of Approval specified in this Resolution, and approval of the proposed Zone Change 5.0808, the subdivision meets all applicable development criteria specified in the R-1-B zone in the Zoning Ordinance. d. The site is physically suitable forthe proposed density of development contemplated by the proposed subdivision. Subject to approval of the concurrent application for Zone Change 5.0808, the proposed zoning will be changed to R-1-B with a L4 and L2 General Plan designation. According to the General Plan, the L4 low ' density land use designation permits a maximum of four(4) dwelling units per acre, and the R2 very low density land use designation permits a maximum of two (2) dwelling units per acre. The proposed subdivision has a density of approximately 2 units per acre. 3C3 Surrounding single family residential developments within the vicinity of the property at a density similar to the proposed development. R19517 Page 4 e. The design of the subdivision or improvements is not likely to cause 3C 1 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 that compliance with the ' Conditions ofApproval, 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 restricting access into and from the development through one (1)main entrance instead of multiple entrances or with driveways which would create situations forcing vehicles to back-into the public streets. The addition of a stop sign at the intersection of Paseo el Mirador and Paseo de Anza as one of the Conditions of Approval of this subdivision further enhances the safety of the overall neighborhood. The proposed single family residential use is compatible with the surrounding neighborhood and is not 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 the two existing fronting streets, or access to utilities required to serve the subdivision and the immediate area. h. A nexus or rough proportionality have been established for requirements 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 forfuture residents of the site and will benefit the public at large by providing needed sections of sidewalks, pavement widening, etc. across the property frontages. Currently, with exception of the residences that occupy the property and one detached shed structure to be demolished and one of the residences to be demolished, the subject propertyis vacant and therefore little orno usage of the roads, sidewalks, and utilities is generated from the subject property. The required improvements will provide safety benefits and aesthetic enhancements to the property owners of the proposed subdivision and the neighborhood in general. 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 (duality Control Board; and NOW,THEREFORE, BE IT RESOLVED that,based on theforegoing,the City Council hereby R1951.7 Page 5 approves Change of Zone, Case No. 5.0808 and Tentative Tract Map No. 29075 subje�ctto the conditions set forth in Exhibit "A", on file in the Department of Planning and Building's office, which are to be satisfied prior to recordation of a final map or the issuance of a Certificate of Occupancy, unless otherwise specified. ADOPTED this 19th day of May , 1999. AYES: Members Barnes, Hodges, Oden, Reller-Spurgin and Mayor Kleindienst ' NOES: None ABSENT: None ABSTAIN: ATTEST: G Z�OFPAZLM:SSPZRIN.t'3S, CALIFORNIA City Clerk City Man ger REVIEWED & APPROVED AS TO FORM: /r. 3 (0