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Home My WebLink AboutPC Resolution _6152- Case TPM 36318RESOLUTION NO.6152 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PARCEL MAP WAIVER TO SUBDIVIDE ONE PARCEL INTO TWO FOR THE PROPERTY LOCATED AT 2299 NORTH INDIAN CANYON DRIVE. WHEREAS, ERETZ CNRC Properties, LLC (Applicant) has submitted a request that the Planning Commission waive the requirement for a parcel map (TPM 36318), and a request for a Certificate of Compliance to be issued and recorded, to subdivide one parcel into two parcels for the property located at the southwest comer of Via Escuela and North Indian Canyon Drive (2299 North Indian Canyon Drive), APN: 504-270-018, Zone R-2, Section 3; and WHEREAS, on July 28, 2010, a public meeting on the map waiver request 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 hearing 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 the California Environmental Quality Act, CEQA guidelines Section 15315, Minor Land Divisions, of the CEQA guidelines, the proposed project is categorically exempt because it is fewer than four parcels, consistent with the General Plan and Zoning Ordinance, contains all available services, access to the proposed parcels to local streets are available, the parcel has not been involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than twenty percent. Section 2: The proposal complies with applicable requirements as to area, general plan, improvements and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this title. 1. Area The R-2 Zone requires specifies minimum lot dimension and area requirements when a new subdivision is proposed. An analysis of these requirements and the proposed lot split is provided below: Proposed Project a roximatel R-2 Zone Parcel ? Interior Parcel comer Lot Area 20,000 square 46,990.73 sq. ft. 89,776.18 sq. ft. feet Lot Width, Interior. 130 feet 170 feet — Lot Width, Comer. 140 feet — 290 feet Siding on Local Street is Olives Lot Depth 175 feet 278 feet 306 feet Planning Commission Resolution No. 6152 Case No. TPM 36318 July 28, 2010 Page 2 of 2 Therefore, the proposed lot split is consistent with the Zoning Code development standard requirements. 2. General Plan The General Plan designation is MDR (Medium Density Residential). The General Plan allows for residential uses with a maximum of 15 dwelling units per acre. According to the General Plan, "This residential land use category accommodates a range of residential housing types, including single-family attached, single-famify detached, patio homes, duplexes, townhomes, multiple -family, and mobilehome projects." The proposed subdivision will allow for individual ownership of two parcels. Parcel 2 is an existing nursing care facility that was approved under a Conditional Use permit. Parcel 1 is vacant and will be developed according to the General Plan and Zoning Code. 3. Improvements and design Street improvements are already installed. There are no improvements proposed for the division of the lot in question. 4. Floodwater drainage control, appropriate improved public roads, sanitary disposal 0 facilities, water supply availability, and environmental protection. The subject property is not located within a flood zone. Both proposed parcels have access to an improved public road. Sanitary sewer service is available in this area. Water service is available subject to the terms, conditions, limitations and restrictions set forth by Desert Water Agency. The streets are already improved and all utilities exist and are operating on the premises. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves the parcel map waiver TPM 36318, subject to the conditions set forth in the attached Exhibit A. ADOPTED this 28th day of July 2010. AYES: 7, Scott, Donenfeld, Klatchko, Hudson, Munger, Conrad and Chair Caffery NOES: None ABSENT: None ABSTENTIONS: None ATTEST: r g . EwKgIAICP Di or of a ing Services CITY OF PALM SPRINGS, CALIFORNIA Ae RESOLUTION NO. 6152 EXHIBIT A TPM 36318 ERETZ CNRC Properties, LLC 2299 North Indian Canyon Drive July 28, 2010 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, 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. PLANNING ADMINISTRATIVE ADM 1. Project Description. This approval is for the project described per Case TPM 36318 Parcel Map Waiver, except as modified by the conditions below; ADM 2. Parcel Map Waiver. This approval is for Parcel Map Waiver TPM 36318 located at 2299 North Indian Canyon Drive, date stamped July 1, 2010. This approval is subject to all applicable regulations of the Subdivision Map Act, the Palm Springs Municipal Code, and any other applicable City Codes, ordinances and resolutions. ADM 3. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 4. Indemnification. 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 Parcel Map Waiver TPM 36318. 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 Planning Commission Conditions of Approval Case No. TPM 36318 July 28, 2010 Page 2 of 2 defense of the matter or 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 further indemnification hereunder, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 5. Time Limit on Approval. Approval of the Parcel Map Waiver (TPM 36318) shall be valid for a period of two (2) years from the effective date of the approval, unless an extension is granted by the Subdivision Map Act and 1 or the Planning Commission. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. ADM 6. _Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ENGINEERING DEPARTMENT 0 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. MAP TRB 1. The applicant shall submit an application to the Engineering Division for a Certificate of Compliance, prepared by either an appropriately licensed registered Civil Engineer or a Land Surveyor. The Certificate of Compliance shall be approved prior to issuance of a building permit on either of the two parcels comprising Tentative Parcel Map No. 36318. END OF CONDITIONS 101