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HomeMy WebLinkAbout21315 - RESOLUTIONS - 6/29/2005 RESOLUTION NO. 21315 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING TENTATIVE TRACT MAP 32806 FOR THE CREATION OF A ONE LOT, COMMERCIAL CONDOMINIUM MAP ON APPROXIMATELY 2.54 ACRES, AT 3400 EAST TAHQUITZ CANYON WAY, ZONE A, SECTION 18, APN 677-270-026 AND 677-270-027 WHEREAS, PS Hangers I, LLC. (the "Applicant') has filed an application with the City pursuant the Palm Springs Municipal Code Section 9.60 for a Tentative Tract Map for the creation of a one lot, commercial condominium map on approximately 2.54 acres, at 3400 East Tahquitz Canyon Way, Zone A, Section 18; and WHEREAS, the Applicant has filed Tentative Tract Map 32806 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 ;iprings to consider Tentative Tract Map 32806, was given in accordance with applicable law; and WHEREAS, on June 8, 2005, a public hearing on the application for Tentative Tract Map 32806 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 Tract Map 32806, was given in accordance with applicable law; and WHEREAS, on July 6, 2005, a public hearing on the application for Tentative Tract Map 32806 was held by the City Council in accordance with applicable law; 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. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that, Tentative Tract Map 32806 is categorically exempt from environmental assessment per Section 15332 (In-Fill Development) of the California Environmental Quality Act (CEQA). Section 2: Pursuant to Government Code Section 66474 (Subdivision Map Act), the City Council finds that with the incorporation of those conditions attached in Exhibit A: Resolution No. 21315 Page 2 1. The proposed Tentative Map is consistent with applicable general and specific plans. The subdivision is consistent with the General Plan and Airport Master Plan. General Plan Policy 3.31.7 provides for the development of hangers in the designated Airport area. The Airport Master Plan (page 3.36) discusses the need for hangers. The Tentative Tract Map does not change the already approved box hangers. 2. The design of improvement of the proposed subdivision is consistent with the General Plan and any applicable Specific Plan. Pursuant to Government Code Section 66473.5 the Planning Commission 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. All street, drainage, and utilities improvements will be constructed to the standards of the General Plan and Conditions of Approval associated with TTM 32806. The subdivision and the provisions for its design and improvements are compatible with the Airport Master Plan. The subdivision does not change the already approved and constructed box hangers. The subdivision is for financial purposes only, so that City can enter into a long-term lease agreement with a lessee. 3. The site is physically suitable for the type and density of development contemplated by the proposed subdivision. The subject property is physically suitable for the type and density of development. The tentative Tract Map will create a one lot, commercial condominium lot of approximately 2.54 acres. The proposed project does not change the density that already exists and is surrounded by airport facilities. 4. The design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. The design of the subdivision is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. The subdivision is located within the airport, which is fully developed. The airport is surrounded by fully improved streets and ' fully developed properties. 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems. Resolution No. 21315 F'age 3 The design of the subdivision and proposed improvements must comply with the conditions of approval including, but not limited to, the application of the Uniform Building Code Seismic Safety Standards, and the City of Palm Springs Fugitive Dust Control Ordinance in order to ensure public health and safety. 6. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The applicant will be required to construct on and off-site improvements. Therefore the design and the type of improvements proposed will not conflict with easements acquired by the public at large. ADOPTED THIS 29th day of June, 2005. ATTEST: David H. Reamsi y- C -ktanager p Ar4 es Thompson, City IerC k CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 21315 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on June 29, 2005, by the following vote: AYES: Councilmember Foat, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern McCulloch and Mayor Oden. NOES: None. ABSENT: None. ABSTAIN: None. /James Thompson, City Clerk (///City of Palm Springs, California Resolution No. 21315 Page 4 EXHIBIT A ' TENTATIVE TRACT MAP 32806 PSP HANGERS I, LLC 3400 EAST TAHQUITZ CANYON WAY CONDITIONS OF APPROVAL JUNE 29, 2005 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 PLANNING: 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 32806. 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 judgment 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, Resolution No. 21315 F'age 5 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. 41. 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 valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall bereviewed 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. CC&R's 5. The applicant shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning Services for approval in a form approved by the City Attorney, which shall 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. 6. The applicant shall submit to the City of Palm Springs, a deposit in the amount of$10,000.00, for the review of the CC&R's by the City Attorney. A $2,000.00 filing fee shall also be paid to the City Planning Department for administrative review purposes. 7. 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: 8. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. FIRE DEPARTMENT: 9. All Fire Department codes and regulations must be met before Final Map. ENGINEERING: ' The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. MAP 10. 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 the 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. 1