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HomeMy WebLinkAbout20466 - RESOLUTIONS - 9/18/2002 RESOLUTION NO. 20466 ' OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING TENTATIVE PARCEL MAP 30703 SUBJECT TO THE CONDITIONS STATED, TO DIVIDE A 1.32 ACRE PARCEL INTO TWO PARCELS. FOR THE PROPERTY LOCATED AT 700 W. STEVENS ROAD, ZONE R-1-A, SECTION 10. WHEREAS, John L. Sanborn for Melvyn Haber Revocable Trust (the "Applicant"), has filed an application with the City pursuant to Section 94.02.00 of the Zoning Code and the Palm Springs Municipal Code Section 9.60 for a Tentative Parcel Map to divide a 1.32 acre parcel into two parcels for the property located at 700 W. Stevens Road, Zone R-1-A, Section 10; and WHEREAS, the Applicant has filed Tentative Parcel Map 30703 with the City and has paid the required filing fees; and WHEREAS, said Tentative Parcel 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 a public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Tentative Parcel Map 30703 was given in accordance with applicable law; and WHEREAS, on August 14, 2002, a public hearing on the application for Tentative Parcel Map 30703 was held by the Planning Commission in accordance with applicable law; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider Applicant's application for Tentative Parcel Map 30703 was given in accordance with applicable law; and WHEREAS, on September 18, 2002, a public hearing on the application for Tentative Parcel Map 30703 was held by the City Council in accordance with applicable law; and WHEREAS, pursuant to Government Code Section 66412.3, the City Council has considered the effect of the proposed Subdivision, Tentative Parcel Map 30703 and the approval of the proposed Subdivision represents the balance of these respective needs in a mannerwhich is most consistent with the City's obligation pursuant to its police powers to protect the public health, safety, and welfare; and WHEREAS, the proposed Subdivision, Tentative Tract Map 30703, is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and is categorically exempt from the provisions of CEQA per Section 15332, for In-Fill Development Projects; and WHEREAS, the City Council 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. Resolution 20466 Page 2 ' THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to Section 9.63.070 of the Zoning Ordinance, the City Council finds that with the incorporation of those conditions attached in Exhibit A: a. Tentative Parcel Map 30703 is categorically exempt from environmental assessment per Section 15332, In-fill development projects, of the California Environmental Quality Act (CEQA). b. The proposed map is consistent with the applicable General Plan. C. The design or improvements of the proposed subdivision are consistent with the General Plan. d. The site is physically suitable for the type of development contemplated by the proposed subdivision. e. The site is physically suitable for the proposed density of development contemplated bythe proposed subdivision. f. The design of the subdivision or improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Tentative Parcel Map 30703, subject to those conditions set forth in Exhibit A, attached. ADOPTED this 18th day of September , 2002. AYES: Members Hodges, Mills, Reller-Spurgin and Mayor Rleindienst NOES: None ABSENT: Member Oden ABSTAIN: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: Resolution 20466 Page 3 EXHIBIT A ' TENTATIVE PARCEL MAP TPM 30703 700 W. Steven Roads August 14, 2002 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, 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. 1. 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 Tentative Parcel Map 30703. 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 adverse judgement 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. IaN7 Resolution 20466 Page 4 4. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 5. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 6. Drainage swales shall be provided adjacent to all curbs and sidewalks-3'wide and 6"deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 7. An Administrative Minor Modification shall be required prior to issuance of building permits so as to allow the creation of a substandard lot 19,257 square feet in size. ENGINEERING: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. ' 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B. All agreements and improvement plans approved by City Engineer, IF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. STEVENS ROAD WEST 3. Remove the existing roll curb located 12 feet north of centerline and construct a 6 inch curb and gutter, 20 feet NORTH of centerline along the entire frontage per City of Palm Springs Standard Drawing No. 200 and 206. 4. Construct minimum 10 wide driveway approaches at approved points of access, in accordance with City of Palm Springs Standard Drawing No. 201. ' 5. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 2 AAS Resolution 20466 Page 5 August 7, 2002 Eng. File No. TPM 30703 ' 6. Construct ac pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 7. The developer shall enter into a covenant agreeing to construct all mentioned street improvements along the Parcel 1 frontage, to supercede the existing covenant recorded as Document No. 185717, September 12, 1983, against Lots 21 and 22 of Palm Vista Estates, Unit No. 1, Map Book 26, Page 9. SANITARY SEWER 8. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. 9. Developer shall construct an 8 inch sewer main from the existing cleanout east of the property to Manhole No. 7 as shown on the approved Sewer Improvement Plan, File No. 2A- 1-90, Drawing No. 2780-3, on file with the Engineering Department. The developer shall have a California licensed civil engineer modify the approved drawing to extend the 8 inch sewer main to service the existing structure located on Parcel 1, if possible, or shall otherwise construct required sewer mains as necessary to provide sewer service to Parcel 1 as shown on the approved Sewer Improvement Plan, File No. 2A-1-89, Drawing No. 2780- 2. 10. All sewer mains constructed by the developer and to become part of the City sewer system shall be televised by the developer prior to acceptance of said lines. 11. The developer may enter into a reimbursement agreement with the City of Palm Springs for reimbursement of the construction costs for the sewer main extension as properties connect to the extended sewer main in the future. If a reimbursement agreement is requested, the developer shall contact the City Engineer for details relating to a sewer reimbursement agreement. The reimbursement agreement shall be completed prior to approval of the Parcel Map. GRADING 12. Drainage swales shall be provided adjacent to all curbs and sidewalks-3'wide and 6"deep- to keep nuisance water from entering the public streets, roadways, or gutters. GENERAL 13. Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional inch. See City I of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. 3 10 q7 Resolution 20466 Page 6 August 7, 2002 Eng. File No. TPM 30703 14. All existing utility lines that are less than 35 kV on/or adjacent to this project shall be undergrounded. The location and size of the existing overhead facilities shall be provided to the Engineering Department along with written confirmation from the involved utility company(s) that the required deposit to underground the facility(s) has been paid, prior to issuance of a grading permit. All undergrounding of utilities shall be completed prior to issuance of a Certificate of Occupancy. MAP 15. The 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 Parcel Map or Final Map to the Engineering Department. 16. The Parcel Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review. The map shall be approved by the City Council prior to issuance of grading or building permits. 17. All required street improvements adjacent to Parcel 2 included in these Engineering Conditions of Approval shall be listed in an Improvement Certificate on the Parcel Map and clearly noted that those improvements adjacent to Parcel 2 are the minimum development requirements for Parcel 2 of Parcel Map No. 30703, and need not be completed until issuance of a certificate of occupancy for Parcel 2. TRAFFIC 18. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the STEVENS ROAD WEST frontage of the subject property. 4 I Resolution 20466 Page 7 VICINITY MAP NSTA ej IINO RD. SITE NI STEWNS ROAD CMNNO t DEL MONTE CITY OF PALM SPRINGS CASE NO. TPM 30703 DESCRIPTION APPLICANT John L. Sanb):ornAn application to divide one parcel ' APPLICANT John L. Sanborn into two parcels at 700 W. Steven Rd., Zone R-1-A, Section 10.