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HomeMy WebLinkAbout21082 - RESOLUTIONS - 9/1/2004 RESOLUTION NO. 21082 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 32250, FOR THE SUBDIVISION OF 6.63 ACRES OF LAND INTO TWO LOTS, LOCATED AT 20TH AVENUE AND MCLANE STREET, ZONE M-2, SECTION 15. WHEREAS, Buntain Construction (the "Applicant') has filed an application with the City pursuant to the Palm Springs Municipal Code Section 9.60 for a Tentative Parcel Map to subdivide 6.63 acres of land into two lots located at 20th Avenue and McLane Street, Zone M-2, Section 15; and WHEREAS, the Applicant has filed Tentative Parcel Map 32250 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 the public hearing of the Planning Commission of the City of Palm Springs to consider Tentative Parcel Map 32250, was given in accordance with applicable law; and WHEREAS, on July 28, 2004, a public hearing on the application for Tentative Parcel Map 32263 was held by the Planning Commission in accordance with applicable law; and WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to consider Tentative Parcel Map 32250, was given in accordance with applicable law; and WHEREAS, on September 1, 2004, a public hearing on the application for Tentative Parcel Map 32263 was held by the City Council in accordance with applicable law; and WHEREAS, the proposed subdivision, Tentative Parcel Map 32250, is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQK), and is categorically exempt from the provisions of CEQA per Section 15305 (Minor Alterations in Land Use Limitations); and 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. Resolution 21082 Page 2 ' THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that, Tentative Parcel Map 32263 is categorically exempt from environmental assessment per Section 15305 (Minor Alterations in Land Use Limitations) of the California Environmental Quality Act (CEQA). 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 a warehouse complex is authorized by the City's Zoning Ordinance and General Plan. The proposed Tentative Parcel Map application to subdivide approximately 6.63 ' acres into two lots 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 proposed subdivision is approximately 6.63 acres of land. The proposed subdivision will create two lots of approximately 3.52 acres and 3.10 acres. The proposed subdivision will create two lots that will be adequate in size and shape to permit future land uses. 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 will be from McLane Street, an existing point of entry and exit. 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. Resolution 21082 Page 3 The proposed subdivision is consistent with good development practices and would be beneficial to development in the vicinity. 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 1'`day of September, 2004. AYES: Members Foat, McCulloch, Mills and Pougnet NOES: None ABSENT: Mayor Oden ABSTENTIONS: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Ierk City Manager /d Reviewed and Approved as to Form: Resolution 21082 Pa e 4 OFpPLIU gpR' N N Department of Planning and Zoning w+e Vicinity Map S *C4(IF R kV N W Z L LU U E— a ORR WY Site 20TH AVE 1-1 0 GARNET q VE CITY OF PALM SPRINGS CASE NO.: TPM 32550 DESCRIPTION: Application by Buntain Construction to subdivide approximately APPLICANT: Buntain Construction 6.63 acres into 2 lots. Zone M-2. Section 15. Resolution 21082 Page 5 EXHIBIT A ' Tentative Parcel Map 32250 CONDITIONS OF APPROVAL 20`h Avenue and McLane Street September 1, 2004 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. 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 TPM 32250. 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 Resolution 21082 Page 6 ' expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. Tentative Tract Map approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 5. The appeal period for a Tentative Tract Map application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. POLICE DEPARTMENT: 6. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. FIRE DEPARTMENT: 7. As listed with Case 3.2322. ENGINEERING: 8. Before final acceptance of the project, all conditions listed below shall be completed ' to the satisfaction of the City Engineer. MAP 9. 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.