HomeMy WebLinkAbout21108 - RESOLUTIONS - 10/6/2004RESOLUTION NO. 21108
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP 32639, FOR THE
SUBDIVISION OF 1.2 ACRES OF LAND INTO TWO
LOTS. LOCATED AT 215 VIA LOLA, ZONE R-1-A,
SECTION 10.
WHEREAS, Sanborn A/E, Inc. (the "Applicant") has filed an application with the City
pursuant the Palm Springs Municipal Code Section 9.60 for a Tentative Parcel Map to
subdivide approximately 1.2 acres of land into two lots located at 215 Via Lola, Zone R-
I -A, Section 10; and
WHEREAS, the Applicant has filed Tentative Parcel Map 32639 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 32639, was given in accordance with
applicable law; and
WHEREAS, on August 25, 2004, a public hearing on the application for Tentative Parcel
Map 32639 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 32639, was given in accordance with applicable law; and
WHEREAS, on October 6, 2004, a public hearing on the application for Tentative Parcel
Map 32639 was held by the City Council in accordance with applicable law; and
WHEREAS, the proposed subdivision, Tentative Parcel Map 32639, 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 15305 (Minor
Alterations in Land Use Limitations).
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 21108
Page 2 '
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA, the City Council finds that, Tentative Parcel Map
32639 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 subdivision is authorized by the City's Zoning Ordinance and General
Plan.
The proposed Tentative Parcel Map application to subdivide approximately 1.2 '
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 12 acres of land. The proposed
subdivision will create two lots of approximately 0.587 acres and 0.618 acres.
The proposed subdivision will create two lots that will be adequate in size and
shape to permit future single-family residential land uses-
G. 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 Via Lola, an existing point of entry and exit, and new access
from Via Lola for the future single-family residence. The driveways would be
privately maintained as well as the landscaped areas around the development.
Resolution 21108
' Page 3
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 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 recommends that the City Council approve Tentative Parcel Map 32639,
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 6th day of October, 2004.
AYES: Members McCulloch, Mills, Pougnet and Mayor Oden
NOES: None
ABSENT: Member Foat
ATTEST:
Reviewed and Approved as to Form:
CITY OF PALM SPRINGS, CALIFORNIA
City Manager
Resolution 21108
Page 4 '
EXHIBIT A
TENTATIVE PARCEL MAP 32639
CONDITIONS OF APPROVAL
215 VIA LOLA
OCTOBER 6, 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, 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:
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 32639. 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
Resolution 21108
' Page 5
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.
4. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
regarding public art. The project shall either provide public art or payment of an in
lieu fee. In the case of the in -lieu fee, the fee shall be based upon the total building
permit valuation as calculated pursuant to the valuation table in the Uniform
Building Code, the fee being 1/2% for commercial projects or 1/4% for residential
projects with first $100,000 of total building permit valuation for individual single-
family units exempt. Should the public art be located on the project site, said
location shall be reviewed and approved by the Director of Planning and Zoning
and the Public Arts Commission, and the property owner shall enter into a
recorded agreement to maintain the art work and protect the public rights of access
and viewing.
5. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government
Code Section 66477 (Quimby Act), all residential development shall be required to
contribute to mitigate park and recreation impacts such that, prior to issuance of
' residential building permits, a parkland fee or dedication shall be made.
Accordingly, all residential development shall be subject to parkland dedication
requirements and/or park improvement fees. The parkland mitigation amount shall
be based upon the cost to acquire and fully improve parkland. (Projects received
after September 12, 2003).
6. The Project will bring additional residents to the community that will contribute to
the cumulative impact on the City's existing public safety and recreation services,
including police protection, criminal justice, fire protection and suppression,
ambulance, paramedic, and other safety services and recreation, library, cultural
services which are near capacity. Accordingly, the City may determine to form a
Community Services District under the authority of Government C. Section 53311
et seq, or other appropriate statutory or municipal authority. Developer agrees to
support the formation of such assessment district and shall waive any right to
protest, provided that the amount of such assessment shall be established through
appropriate study and shall not exceed $500 annually with a consumer price index
escalator. The district shall be formed prior to sale of any lots or a covenant
agreement shall be recorded against each parcel, permitting incorporation of the
parcel in the district.
7. The meter pedestal located at 215 Via Lola that services the landscape lighting,
irrigation and tennis court lights shall be removed prior to approval of Final Parcel
Map and/or sale of Lot 2.
Resolution 21108
Pages '
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.
4. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
regarding public art. The project shall either provide public art or payment of an in
lieu fee. In the case of the in -lieu fee, the fee shall be based upon the total building
permit valuation as calculated pursuant to the valuation table in the Uniform
Building Code, the fee being 1/2% for commercial projects or 1/4% for residential
projects with first $100,000 of total building permit valuation for individual single-
family units exempt. Should the public art be located on the project site, said
location shall be reviewed and approved by the Director of Planning and Zoning
and the Public Arts Commission, and the property owner shall enter into a
recorded agreement to maintain the art work and protect the public rights of access
and viewing.
5. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government
Code Section 66477 (Quimby Act), all residential development shall be required to
contribute to mitigate park and recreation impacts such that, prior to issuance of
residential building permits, a parkland fee or dedication shall be made. '
Accordingly, all residential development shall be subject to parkland dedication
requirements and/or park improvement fees. The parkland mitigation amount shall
be based upon the cost to acquire and fully improve parkland. (Projects received
after September 12, 2003).
The Project will bring additional residents to the community that will contribute to
the cumulative impact on the City's existing public safety and recreation services,
including police protection, criminal justice, fire protection and suppression,
ambulance, paramedic, and other safety services and recreation, library, cultural
services which are near capacity. Accordingly, the City may determine to form a
Community Services District under the authority of Government C. Section 53311
et seq, or other appropriate statutory or municipal authority. Developer agrees to
support the formation of such assessment district and shall waive any right to
protest, provided that the amount of such assessment shall be established through
appropriate study and shall not exceed $500 annually with a consumer price index
escalator. The district shall be formed prior to sale of any lots or a covenant
agreement shall be recorded against each parcel, permitting incorporation of the
parcel in the district.
7. The meter pedestal located at 215 Via Lola that services the landscape lighting,
irrigation and tennis court lights shall be removed prior to approval of Final Parcel
Map and/or sale of Lot 2.
Resolution 21108
' Page 7
8. The owner of the property shall maintain the existing landscape on both lots until
a landscape plan for Lot 2 is approved by the director of Planning Services
and/or designee and implemented.
9. The new lot line shall reflect the 25' distance from the existing generator and fuel
tank as per the requirements of the Fire Department.
10. DELETE: The Final Parcel Map shall not be approved until there is a submittal of
plans for Lot 2 that shows a primary structure with the tennis court. Submittal of
plans shall be within six months and approval must be obtained within one year,
of the effective date of approval of the Tentative Parcel Map. If plans are not
submitted or approval is not obtained, the owner (Mr. Allen Ravert) shall remove
the tennis court at his own expense within 30 days after the one-year period of
time has passed.
11. A covenant shall be required prior to Final Parcel Map approval. The covenant
will require the approval of a primary structure with the tennis court or removal of
the tennis court. The covenant shall be subject to approval of the City of Palm
Springs attorney.
12. DELETE: Ownership of the lots shall not transfer until there is a submittal of
plans that show a primary structure on Lot 2 with the tennis court and/or removal
' of the tennis court.
13. DELETE: No building permits shall be issued until an entitled project either
shows a primary structure with the tennis court or the tennis court is removed.
Ills] 1.00ULDL4201 001 W
14. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs
Municipal Code.
FIRE DEPARTMENT:
fi���[�TiTa
ENGINEERING:
16. Before final acceptance of the project, all conditions listed below shall be
completed to the satisfaction of the City Engineer.
STREETS
17. Submit street improvement plans prepared by a Registered Civil Engineer to the
Engineering Division. The plan(s) shall be approved by the City Engineer prior to
' issuance of any grading or building permits.
Resolution 21108
Page 8 '
8. The owner of the property shall maintain the existing landscape on both lots until
a landscape plan for Lot 2 is approved by the director of Planning Services
and/or designee and implemented.
9. The new lot line shall reflect the 25' distance from the existing generator and fuel
tank as per the requirements of the Fire Department.
10. DELETE: The Final Parcel Map shall not be approved until there is a submittal of
plans for Lot 2 that shows a primary structure with the tennis court. Submittal of
plans shall be within six months and approval must be obtained within one year,
of the effective date of approval of the Tentative Parcel Map. If plans are not
submitted or approval is not obtained, the owner (Mr. Allen Ravert) shall remove
the tennis court at his own expense within 30 days after the one-year period of
time has passed.
11. A covenant shall be required prior to Final Parcel Map approval. The covenant
will require the approval of a primary structure with the tennis court or removal of
the tennis court. The covenant shall be subject to approval of the City of Palm
Springs attorney.
12. DELETE: Ownership of the lots shall not transfer until there is a submittal of
plans that show a primary structure on Lot 2 with the tennis court and/or removal
of the tennis court. '
13. DELETE: No building permits shall be issued until an entitled project either
shows a primary structure with the tennis court or the tennis court is removed.
POLICE DEPARTMENT:
14. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs
Municipal Code,
FIRE DEPARTMENT:
15. None
ENGINEERING:
16. Before final acceptance of the project, all conditions listed below shall be
completed to the satisfaction of the City Engineer.
STREETS
17. Submit street improvement plans prepared by a Registered Civil Engineer to the
Engineering Division. The plan(s) shall be approved by the City Engineer prior to
issuance of any grading or building permits. I
' Page 9
VIA LOLA
18. COVENANT: Dedicate an easement 2 feet wide along the back of all driveway
approaches for sidewalk purposes.
19. COVENANT: Construct a 6 inch curb and gutter, 18 feet north of centerline along
the entire frontage in accordance with City of Palm Springs Standard Drawing
No. 200.
20. Construct all driveway approaches in accordance with City of Palm Springs
Standard Drawing No. 201.
21. COVENANT: Construct a 5 feet wide sidewalk behind the curb along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 210.
22. Remove and replace existing pavement with a minimum pavement section of 2'%
inch asphalt concrete pavement over 4 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 Via Lola frontage in accordance
with City of Palm Springs Standard Drawing No. 110 and 300. If an alternative
pavement section is proposed, the proposed pavement section shall be designed
' by a California registered Geotechnical Engineer using "R" values from the
project site and submitted to the City Engineer for approval.
SANITARY SEWER
23. All sanitary facilities shall be connected to the public sewer system. New laterals
shall not be connected at manholes.
GRADING
24, COVENANT: Drainage swales shall be provided adjacent to all curbs and
sidewalks to keep nuisance water from entering the public streets, roadways, or
gutters.
GENERAL
25. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code,
all existing and proposed electrical lines of thirty-five thousand volts or less and
overhead service drop conductors, and all gas, telephone, television cable
service, and similar service wires or lines, which are on -site, abutting, and/or
transecting, shall be installed underground unless specific restrictions are shown
in General Orders 95 and 128 of the California Public Utilities Commission, and
service requirements published by the utilities. A detailed plan approved by the
owner's) of the affected utilities depicting all above ground facilities in the area of
Resolution 21108 '
Page 10
the project to be undergrounded shall be submitted to the Engineering Division
prior to approval of any grading plan.
The existing overhead utilities across the west and south property lines meet the
requirement to be installed underground. The developer is advised to investigate
the nature of these utilities, the availability of undergrounding these utilities with
respect to adjacent and off -site properties, and to present its case for a waiver of
the Municipal Code requirement, if appropriate, to the City Council and/or City
Council as part of its review and approval of this project.
If utility undergrounding is deferred in accordance with specific direction by the
City Council and/or City Council, the record property owner shall enter into a
covenant agreeing to underground all of the existing overhead utilities required
by the Municipal Code in the future upon request of the City of Palm Springs City
Engineer at such time as deemed necessary. The covenant shall be executed
and notarized by the property owner and submitted to the City Engineer prior to
issuance of a grading permit. A current title report; or a copy of a current tax bill
and a copy of a vesting grant deed shall be provided to verify current property
ownership. A covenant preparation fee of $135 shall be paid by the developer
prior to issuance of any grading or building permits.
MAP
26. 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 parcel 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 issuance of building permits.
27. COVENANT: All required street improvements adjacent to Parcel 1 and other
obligations included in these Engineering Conditions of Approval shall be
completed prior to approval of the Parcel Map. 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. 32639, and need not be completed
until issuance of a certificate of occupancy for Parcel 2.
TRAFFIC
28. COVENANT: A minimum of 48 inches of sidewalk clearance shall be provided
around all above -ground facilities for handicap accessibility. Minimum clearance
shall be provided through dedication of an easement and/or widening of the
sidewalk, or by relocating all existing impediments located on the Via Lola I
frontage of the subject property.
Resolution 21108
❑"r. 11
e P�M Sq
6F P�
. C'4[I pv RN�P~x
LM
Department of Planning and
Vicinity Map
CASE NO.: TPM 32639
PPLICANT: Sanborn A/E, Inc.
J
VIA LOLA
HERMOSA PL
CITY OF PALM SPRINGS
N
Zoning w+E
s
DESCRIPTION: Application by Sanborn
A/E, Inc. on behalf of Allen Ravert to
subdivide approximately 1.2 acre lot into
two lots of approximately 0.618 acre and
0.587 acre. Located at 215 Via Lola, Zone
R-1-A, Section 10