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Home My WebLink AboutPC Resolution _6227- TPM 36387 Farrel Dr & Baristo RdRESOLUTION NO. 6227 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP (TPM) 36387, A REVERSION TO ACREAGE TO CREATE ONE PARCEL FROM 24.4- ACRES OF LAND PREVIOUSLY SUBDIVIDED LOCATED AT THE NORTHEAST CORNER OF FARRELL DRIVE AND BARISTO ROAD. WHEREAS, Brandenburg Family Associates ("Applicant") has filed an application with the City pursuant to Section 9.66 of the Palm Springs Municipal Code and Section 66499.11 through 66499.20 of the Subdivision Map Act, for a reversion to acreage, TPM 36387, to remove parcel lines for a previously approved 24.4-acre subdivision of vacant land located northeast corner of Farrell Drive and Baristo Road (2705 East Tahguitz Canyon Way), Zone PD-71A, Section 13; and WHEREAS, notice of the public hearing of the Planning Commission of the City of Palm Springs to consider TPM 36387, was given in accordance with applicable law; and WHEREAS, on September 14, 2011, a public hearing on the application for TPM 36387 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA") and the project is categorically exempt under Section 15305(c) of the CEQA Guidelines; 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: The Planning Commission finds that Tentative Parcel Map 36387 is Categorically Exempt from environmental review pursuant to Section 15305(c) (Class 5 — Minor Alterations in Land Use Limitations) of the California Environmental Quality Act (CEQA). Section 2: Pursuant to Section 9.66 of the Palm Springs Municipal Code and Section 66499.11 through 66499.20 of the Subdivision Map Act, subdivided real property may be reverted to acreage only if the legislative body finds that, (a) Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes, and Planning Commission Resolution No. 6227 TPM 36387 September 14, 2011 Page 2 of 2 (b) Either (1) All owners of an interest in the real property within the subdivision have consented to reversion; or (2) None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later, or (3) No lots shown on the final or parcel map have been sold within five years from the date such map was filed for record. Section 3: The Planning Commission finds that there are no dedications or offers of dedication to be vacated or abandoned by the reversion to acreage, and all owners of an interest in the real property within the subdivision have consented to the reversion. Therefore, the proposed reversion is consistent with the required findings. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission recommends that the City Council approve Tentative Parcel Map 36387, subject to those conditions set forth in the attached Exhibit A.. ADOPTED this 14' day of September, 2011. AYES: 5, Roberts, Vice Chair Hudson, Munger, Conrad and Chair Donenfeld NOES: None ABSENT: None ABSTAIN: 1, Klatchko ATTEST: rai in , AI P Dire or of PI nni g Services CITY OF PALM SPRINGS, CALIFORNIA N RESOLUTION NO.6227 EXHIBIT A TPM 36387 Brandenburg Family Associates 2705 East Tahquitz Canyon Way (northeast corner of Farrell Drive and Baristo Road) September 14, 2011 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. L PLANNING ADMINISTRATIVE ADM 1. Proiect Description. This approval is for the project described per Case TPM 36387, except as modified by the conditions below; ADM 2. Reversion to Acreage. This approval is for Tentative Parcel Map (TPM) 36387, reversion to acreage, located at 2705 East Tahquitz Canyon Way. 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 TPM 36387. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Planning Commission Conditions of Approval Case No. TPM 36387 Reversion to Acreage September 14, 2011 Page 2 of 3 Springs and the applicant will either undertake 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 AR12roval. Approval of TPM 36387 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 and City Council. Extensions of time may be granted 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. ENGINEERING DEPARTMENT 0 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. MAP ENG 1. A Parcel 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 parcels and all lots created therefrom, and copies of record documents shall be submitted with the Parcel Map to the Engineering Division as part of the review of the Map. The Parcel Map shall be approved by the City Council prior to recordation of the Parcel Map. ENG 2. Upon approval of a parcel map, the parcel map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights -of -way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Planning Commission Conditions of Approval Case No. TPM 36387 Reversion to Acreage September 14, 2011 Page 3 of 3 Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. ENG 3. In accordance with Palm Springs Municipal Code 9.66.080, upon recordation of Parcel Map No. 36387, all remaining securities associated with the Subdivision Improvement Agreement (A1666) for underlying Final Tract Map 10346 may be released. END OF CONDITIONS x Ee