HomeMy WebLinkAboutPC Resolution _5024- Case TTM 33035RESOLUTION NO. 5024
THAT THE PLANNING COMMISSION
RECOMMEND TO CITY COUNCIL. APPROVAL OF
TENTATIVE TRACT MAP 33035 FOR THE
CREATION OF A ONE LOT, CONDOMINIUM MAP
ON APPROXIMATELY 6.58 ACRES, AT 2500 EAST
PALM CANYON DRIVE, ZONE R-3, SECTION 24,
APN 502310054 AND 502310055
WHEREAS, Mountain Meadows Associates. (the "Applicant") has filed an
application with the City pursuant the Palm Springs Municipal Code Section 9.60
for a Tentative Tract Map for the creation of a one lot, condominium map on
approximately 6.58 acres, at 2500 East Palm Canyon Drive, Zone R-3, Section
24; and
WHEREAS, the Applicant has filed Tentative Tract Map 33035 with the City and
has paid the required filing fees; and
WHEREAS, said Tentative Tract 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 the public hearing of the Planning Commission of the City
of Palm Springs to consider Tentative Tract Map 33035, was given in accordance
with applicable law; and
WHEREAS, on September 28, 2005, a public hearing on the application for
Tentative Tract Map 33035 was held by the Planning Commission in accordance
with applicable law; and
WHEREAS, the Planning Commission has carefully reviewed and considered all
of the evidence presented in connection with the meeting on the Project,
including but not limited to the staff report, and all written and oral testimony
presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA, the Planning Commission finds that, Tentative
Tract Map 33035 is categorically exempt from environmental
assessment per Section 15301 (Existing Facilities) of the California
Environmental Quality Act (CEQA).
K
Vsuant to the Palm Springs Municipal
Tanning Commission finds that with th
onditions attached in Exhibit A:
e
Code Section 9.60, the
incorporation of those
The use applied for at the location set forth in the application
is properly one for which a subdivision is authorized by the
City's Zoning Ordinance and General Plan.
The proposed Tentative Tract Map application for the
creation of a one lot, condominium map on approximately
6.58 acres is in harmony with the various elements and
objectives of the City of Palm Springs General Plan and is
not detrimental to the existing uses specifically permitted in
the zone in which the proposed use is to be located.
The existing structures do not conform with the development
standards of the R-3 Zone in building height, front yard
setback, rear yard setback, and East Palm Canyon Drive
setback. Per Section 94.05.03 of the Zoning Ordinance,
legal nonconforming structures shall be permitted to
continue provided that any addition, alteration or
enlargement thereto shall comply with all provisions of the
zone.
The site is adequate in size and shape to accommodate said
use, including yards, setbacks, walls or fences, landscaping,
and other features required in order to adjust said use to
those existing or permitted future uses of land in the
neighborhood.
The subject property is 6.58 acres and is will utilize the
existing lot size and dimensions. Therefore the property is
adequate in size and shape for the proposed residential
condominium use.
That 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.
Access will be from the existing access point on Farrell
Drive. Farrell Drive is a fully improved street which has the
capacity to carry the type and quantity of traffic to be
generated by the proposed use
m
x
d. That the conditions to be imposed and shown on the
approved site plan are deemed necessary to protect the
public health, safety, and general welfare.
The proposed subdivision is consistent with good
development practices and would be beneficial to
development in the vicinity.
NOW, THEREFORE, BE 1T RESOLVED that, based upon the foregoing, the
Planning Commission hereby recommends that the City Council approve
Tentative Tract Map 33035, subject to those conditions set forth in the attached
Exhibit A, which are to be satisfied prior to the issuance of a Certificate of
Occupancy unless otherwise specified.
ADOPTED this 28th day of September, 2005.
AYES: 7
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
hairman oft a Planning ission
7
Secretary of the Planning Commission
�i
K
EXHIBIT A
TENTATIVE TRACT MAP 33035
MOUNTAIN MEADOWS ASSOCIATES
2500 EAST PALM CANYON DRIVE
CONDITIONS OF APPROVAL
SEPTMBER 28, 2005
Before final acceptance of the project, all conditions listed below shall be
completed to the satisfaction of the City Engineer, the Director of Planning, the
Chief of Police, the Fire Chief or their designee, depending on which department
recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a
form approved by the City Attorney,
PROJECT SPECIFIC CONDITIONS
The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any
other City Codes, ordinances and resolutions which supplement the
zoning district regulations.
2. The owner shall defend, indemnify, and hold harmless the City of Palm
Springs, its agents, officers, and employees from any claim, action, or
proceeding against the City of Palm Springs or its agents, officers or
employees to attach, set aside, void or annul, an approval of the City of
Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case TTM 33035. The City of Palm Springs will
promptly notify the applicant of any such claim, action, or proceeding
against the City of Palm Springs and the applicant will either undertake
defense of the matter and pay the City's associated legal costs or will
advance funds to pay for defense of the matter by the City Attorney. If the
City of Palm Springs fails to promptly notify the applicant of any such
claim, action or proceeding or fails to cooperate fully in the defense, the
applicant shall not, thereafter, be responsible to defend, indemnify, or hold
harmless the City of Palm Springs. Notwithstanding the foregoing, the
City retains the right to settle or abandon the matter without the applicant's
consent but should it do so, the City shall waive the indemnification herein,
except, the City's decision to settle or abandon a matter following an
x
Eo
adverse judgment or failure to appeal, shall not cause a waiver of the
indemnification rights herein.
3. That the property owner(s) and successors and assignees in interest shall
maintain and repair the improvements including and without limitation
sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs,
walls, and fences between the curb and property line, including sidewalk or
bikeway easement areas that extend onto private property, in a first class
condition, free from waste and debris, and in accordance with all applicable
law, rules, ordinances and regulations of all federal, state, and local bodies
and agencies having jurisdiction at the property owner's sole expense. This
condition shall be included in the recorded covenant agreement for the
property if required by the City.
4. Pursuant to Park Fee Ordinance No. 1632 and in accordance with
Government Code Section 66477 (Quimby Act), all residential development
shall be required to contribute to mitigate park and recreation impacts such
that, prior to issuance of residential building permits, a parkland fee or
dedication shall be made. Accordingly, all residential development shall be
subject to parkland dedication requirements and/or park improvement fees.
The parkland mitigation amount shall be based upon the cost to acquire
and fully improve parkland.
5. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal
Code regarding public art. The project shall either provide public art or
payment of an in lieu fee. In the case of the in -lieu fee, the fee shall be
based upon the total building permit valuation as calculated pursuant to the
valuation table in the Uniform Building Code, the fee being 1/2% for
commercial projects or 1/4% for residential projects with first $100,000 of
total valuation for individual single-family units exempt. Should the public
art be located on the project site, said location shall be reviewed and
approved by the Director of Planning and Zoning and the Public Arts
Commission, and the property owner shall enter into a recorded agreement
to maintain the art work and protect the public rights of access and viewing.
6. The project will bring additional residents to the community. The City's
existing public safety and recreation services, including police protection,
criminal justice, fire protection and suppression, ambulance, paramedic,
and other safety services and recreation, library, cultural services are near
capacity. Accordingly, the City may determine to form a Community
Services District under the authority of Government C. Section 53311 et
seq, or other appropriate statutory or municipal authority. Developer
agrees to support the formation of such assessment district and shall
waive any right to protest, provided that the amount of such assessment
shall be established through appropriate study and shall not exceed $500
annually with a consumer price index escalator. The district shall be
x
Ee
formed prior to sale of any lots or a covenant agreement shall be recorded
against each parcel, permitting incorporation of the parcel in the district.
CC&R's
7.
The applicant shall submit a draft declaration of covenants, conditions and
restrictions ("CC&R's") to the Director of Planning Services for approval in
a form approved by the City Attorney, which shall be recorded prior to
approval of a final map. The CC&R's shall be enforceable by the City,
shall not be amended without City approval, shall require maintenance of
all property in a good condition and in accordance with all ordinances.
8. The applicant shall submit to the City of Palm Springs,
amount of $5,000.00, for the review of the CC&R's by the
$2,000.00 filing fee shall also be paid to the City Plannin
administrative review purposes.
GENERAL CONDITIONS/CODE REQUIREMENTS
g
a deposit in the
City Attorney. A
Department for
9. The appeal period for a Tentative Tract Map application
days from the date of project approval. Permits will not be
appeal period has concluded.
is 15 calendar
issued until the
10.1n accordance with Planning Commission Resolution No. 1503, dated
November 18, 1970, the developer is required to plant palm trees (14 feet
from ground to fronds in height) 60 feet apart along the entire frontage of
Palm Canyon Drive.
11. The project shall meet all of tl
Ordinance. This includes, but r
area shade, and covered parking,
e parking requirements of the Zoning
of limited to handicap parking, parking
prior to the Final Map.
12. The project is subject to the City of Palm Springs Water Efficient
Landscape Ordinance. The applicant shall submit an application for Final
Landscape Document Package to the Director of Planning and Zoning for
review and approval prior to the issuance of a building permit. Refer to
Chapter 8.60 of the Municipal Code for specific requirements.
13.A final landscape plan shall for the East Palm Canyon Drive frontage be
submitted to the Department of Planning Services for approval, prior to the
Final Map.
14. Submit plans meeting City standard for approval on the proposed trash
and recyclable materials enclosure prior to the final map.
POLICE DEPARTMENT:
m
15. Developer shall comply with Section Il of Chapter 8.04 of the Palm
Springs Municipal Code.
FIRE DEPARTMENT:
16. All Fire Department codes and regulations must be met before Final Map.
ENGINEERING:
The Engineering Division recommends that if this application is approved,
such approval is subject to the following conditions being completed in
compliance with City standards and ordinances.
Before final acceptance of the project, all conditions listed below shall be
completed to the satisfaction of the City Engineer.
STREETS
17.Any improvements within the public right-of-way require a City of Palm
Springs Encroachment Permit.
EAST PALM CANYON DRIVE
18.All broken or off grade street improvements shall be repaired or replaced.
SOUTH FARRELL DRIVE
19.All broken or off grade street improvements shall be repaired or replaced.
MAP
20.A Final Map shall be prepared by a California registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for
review and approval. A Title Report prepared for subdivision guarantee for
the subject property, the traverse closures for the existing parcel and all
lots created therefrom, and copies of record documents shall be submitted
with the Final Map to the Engineering Division as part of the review of the
Map. The Final Map shall be approved by the City Council prior to
issuance of building permits.
21.Applicant shall provide tenant notification for subdivisions to be created
from the conversion of residential property into a condominium project in
compliance with Sections 66427.1 and 66452.3 of the Subdivision Map
Act.Any improvements within the public right-of-way require a City of Palm
Springs Encroachment Permit.
a
K