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HomeMy WebLinkAbout20934 - RESOLUTIONS - 5/19/2004 RESOLUTION NO. 20934 ' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,CALIFORNIA,APPROVING TENTATIVE TRACT MAP 32263,FOR THE CONVERSION OF A 33,300 SQUARE FOOT LIGHT INDUSTRIAL OFFICE BUILDING INTO A BUSINESS CONDOMINIUM COMPLEX AND SUBDIVISION OF 2.30 ACRES OF LAND INTO 1 LOT. LOCATED AT 1301 MONTALVO WAY, ZONE M-1-P, SECTION 7. WHEREAS,Palm Springs Commerce Center, LLC(the"Applicant")has filed an application with the City pursuant the Palm Springs Municipal Code Section 9.60 for a Tentative Tract Map to subdivide 2.30 acres of land into 1 lot located at 1301 Montalvo Way, Zone M-1-P, Section 7; and WHEREAS,the Applicant has filed Tentative Tract Map 32263 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 32263, was given in accordance with applicable ' law; and WHEREAS, on April 28, 2004, a public hearing on the application for Tentative Tract Map 32263 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission, at its April 28, 2004 meeting, recommended approval of Tentative Tract Map 32263; and WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to consider Tentative Tract Map 32263, was given in accordance with applicable law; and WHEREAS, on May 19, 2004, a public hearing on the application for Tentative Tract Map 32263 was held by the City Council in accordance with applicable law; and WHEREAS,the proposed subdivision,Tentative Tract Map 32263,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 15301 (Existing Facilities) and 15315(Minor Land Divisions). WHEREAS, the City Council 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 City Council finds that, Tentative Tract Map 32263 is categorically exempt from environmental assessment per Section 15301 (Existing Facilities) and 15315 (Minor Land Divisions) of the California Environmental Quality Act(CEQA), HC Resolution 20934 Page 2 ' Section 2: Pursuant to Government Code Section 66473.5 the City Council finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, polices, and general land uses and program provided in the City's General Plan and any applicable specific plan. Section 3: Pursuant to the Palm Springs Municipal Code Section 9.60,the City Council finds that with the incorporation of those conditions attached in Exhibit A: a. The use applied for at the location set forth in the application is properly one for which an business office complex is authorized by the City's Zoning Ordinance and General Plan. The proposed Tentative Tract Map application for a 9 unit business condominium development 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. b. 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 project site is currently under construction. The subject property is zoned M-1- P(Service/Manufacturing Zone,and designated A(Airport)in the General Plan. The proposed lot is 2.30 acres. The Palm Springs Commerce Center was approved by the Planning Commission on July 24, 2002 as a by right of zone project and meets all codes and ordinances. The 9 unit light industrial building use fits within the broad range of uses typically allowed in the A General Plan and M-1-P Zoning Ordinance categories, The proposed business condominiums are one(1)story with a maximum height of thirty one(31)feet. The applicant is constructing fifty seven (57)standard parking spaces and twenty seven(27)compact parking spaces. Total building ground floor lot coverage is 33,321 square feet comprising of 33% of the total lot area. Landscaped open space is 17,356 square feet comprising of 15% of the total lot area. C. 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 to the property will be from a two driveway entries on Montalvo Way. Internal circulation consists of a 24 and 26 feet wide ingress and egress common driveways. The common driveway would be privately maintained as well as the landscaped areas around the development. 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 project is consistent with good development practices and would be beneficial to development in the vicinity. f f N / 602406 Resolution 20934 Page 3 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council ' hereby approves Tentative Tract Map 32263, 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 19th day of May 2004. AYES: Members Foat, McCulloch, Mills, Pougnet, and Mayor Oden NOES: None ABSENT: None ABSTENTIONS: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk ^City Manager Reviewed and Approved as to Form: 1163 Resolution 20934 Page 4 EXHIBIT A Tentative Tract Map 32263 1301 Montalvo Way May 19, 2004 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. PROJECT SPECIFIC CONDITIONS Administrative ' 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 Case TTM 32263. 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. Resolution 20934 Page 5 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. CC&R's 4. The applicant shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning and Zoning for approval in a form to be approved by the City Attorney, to 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. The applicant shall submit to the City of Palm Springs, a deposit in the amount of$2,000 for the review of the CC&R's by the City Attorney. A$250 filing fee shall also be paid to the City Planning and Zoning Department for administrative review purposes. 5. Conditions of Approval for Case 3.2214 adopted on July 24, 2002 also apply. POLICE DEPARTMENT: ' 6. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. FIRE DEPARTMENT: 7. Per Conditions of Approval for Case 3.2214 adopted on July 24, 2002, ENGINEERING: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. MAP 8. 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 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. Resolution 20934 Page 6 Qp� '� Department of Planning and Zoning W E h� rtP in>e Vicinity Map S �P `It1p0RN CHIA RD -o 0 -a 0 U) cD 0 Cn m O Z D C O CITY OF PALM SPRINGS ]CASE NO.: Tentative Tract Map 32263 DESCRIPTION: Application by Philip Cleary of the Palm Springs Commerce Center to convert a light industrial 33,300 sq.ft. office building into a business APPLICANT: Philip Cleary of the Palm condominium complex with 9 office suites, the site is Springs Commerce Center approximately 2.30 Acres. The subject property is located at 1301 Montalvo Way, Zone M-1-P, Section 7.