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HomeMy WebLinkAboutCC RES 94-039� � RESOLUTION NO. 94-39 � �.d.r A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND APPROVING A TENTATIVE PARCEL MAP, A SETBACK VARIANCE AND A LOT WIDTH ADJUSTMENT TO SUBDIVIDE A 2.7 ACRE SITE INTO THREE (3) LOTS AT 73-020 HOMESTEAD ROAD IN THE R-1 10,000 ZONE. CASE NOS. PM 27895, VAR 93-6, ADJ 93-10 �lr- 6/0 WHEREAS, the City Council of the City of Palm Desert, California, did on the 24th day of March, 1994, hold a duly noticed public hearing to consider a request by THE LIVING DESERT to delete public works conditions as they relate to drainage fees and pi�blic sidewalk improvements for the property at 73-020 Homestead Road in the R-1 10,000 zone; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89," in that the director of community development has determined that the project qualifies for a class 15 categorical exemption under CEQA; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said city council did find the following facts and reasons to exist to justify approving the parcel map: 1. That the proposed map is consistent with applicable general and specific plans. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for the type of development. 4. That the site is physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. 7. That the desiqn 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 property within the proposed subdivision. 8. That strict or literal interpretation and enforcement of the specified requlation would result in practical difficulty or � RESOLUTION NO. 94-39 � unnecessary physical hardship inconsistent with the objectives of the ordinance codified in this title. 9. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply qenerally to other properties in the same zone. 10. That the strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileqes enjoyed by the owners of other properties in the same vicinity and zone. il. That the granting of the variance or adjustment will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the council in this case. 2. That it does hereby approve the above described Tentative Parcel Map No. 27895, Variance No. 93-6, and Adjustment No. 93-10, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a reqular meeting of the Palm Desert City Council, held on this 24th day of March, 1994, by the following vote, to wit: AYES: SENSON, CRITES, KELLY, SNYDER, WILSON NOES: NONE 2 ► . ,,.e. � ' RESOLUTION NO. 94-39 CONDITIONS OF APPROVAL ,��., �.,,.. CASE NOS. PM 27895, VAR 93-6, ADJ 93-10 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the department of community development/planning, as modified by the following conditions. 2. Recordation of map shall occur within 2 years from the date of approval unless an extension of time is granted; otherwise, said approval shall become null, void and of no effect whatsoever. �artment of Public Works: 1. Siqnalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to recordation of final map. 2. Complete parcel map shall be submitted as required by ordinance to the Director of Public Works for checking and approval. Riverside Countv Fire Department: The above lot split at 73-020 Homestead Road would have no impact on the delivery of services by the fire department. 0 3