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HomeMy WebLinkAbout21330 - RESOLUTIONS - 7/6/2005 RESOLUTION NO. 21330 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 32261, FOR THE SUBDIVISION OF 0.538 ACRES OF LAND INTO TWO LOTS OF APPROXIMATELY 0.258 ACRES EACH, SUBJECT TO THE APPROVAL AND ADOPTION OF THE GENERAL PLAN AMENDMENT (CASE 5.1044) BY THE CITY COUNCIL FOR THE PROPERTY LOCATED AT 1901 SOUTH PALM CANYON DRIVE, ZONE R-1-C, SECTION 27 WHEREAS, Bob & Rebecca La Venia (the "Applicant') have filed an application with the City pursuant the Palm Springs Municipal Code Section 9.60 for a Tentative Parcel Map to subdivide approximately 0.538 ACRES of land into two lots located at 1901 South Palm Canyon Drive, Zone R-1-C, Section 27; and WHEREAS, the Applicant has filed Tentative Parcel Map 32261 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 32261, was given in accordance with applicable law; and WHEREAS, on November 24, 2004, a public hearing on the application for Tentative Parcel Map 32261 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 32261, was given in accordance with applicable law; and WHEREAS, on July 6, 2005, a public hearing on the application for Tentative Parcel Map 32261 was held by the City Council in accordance with applicable law; and WHEREAS, the proposed subdivision, Tentative Parcel Map 32261, 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 No. 21330 Page 2 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE ' AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that, Tentative Parcel Map 32261 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 0.538 ' 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 0.538 acres of land. The proposed subdivision will create two lots of approximately 0.258 acres each. The proposed subdivision will create two lots that will be adequate in size and shape to permit future single-family residential 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 South Palm Canyon Drive and Mesa Drive, new access for the future single-family residences. The driveways 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 No. 21330 Page 3 The proposed subdivision is consistent with good development practices and would be beneficial to development in the vicinity. ADOPTED THIS 6th day of July, 2005. David H. Ready, City tiger ATTEST: /.jlimes Thompson, City Jerk 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. 21330 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 July 6, 2005, by the following vote: AYES: Councilmember Foat, Councilmember Pougnet, Councilmember Mills, Mayor Pro Tern McCulloch and Mayor Oden. NOES: None. ABSENT: None. ABSTAIN: None. /Jppfnes Thompson, City Clerk ity of Palm Springs, California r Resolution No. 21330 Page 4 EXHIBIT A ' TENTATIVE PARCEL MAP 32261 CONDITIONS OF APPROVAL 1901 SOUTH PALM CANYON DRIVE JULY 6, 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 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 32261. 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. 21330 Page 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. 11. 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 owner of the property shall maintain the existing landscape on both lots until a new landscape plan is approved by the director of Planning Services and/or designee and implemented. Resolution No. 21330 Page 6 8. Applicant shall apply for an Administrative Minor Modification for approval by the ' Director of Planning Services for a substandard lot (Parcel 1), which is substandard in depth by less than 20%. POLICE DEPARTMENT: 9. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. FIRE DEPARTMENT: 10. None. ENGINEERING: 11. 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. 12. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS , 13. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 14. 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. SOUTH PALM CANYON DRIVE 15. Dedicate an additional 11 feet to provide the ultimate half street right-of-way width of 44 feet along the entire frontage. 16. Construct all driveway approaches in accordance with City of Palm Springs Standard Drawing No. 201. An on-site vehicular turnaround (hammerhead or similar configuration) shall be constructed. 17. Construct a 12 feet wide combination sidewalk and bicycle path along the entire South Palm Canyon Drive frontage. The construction shall be adjacent to the curb with colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. ' 18. All broken or off grade street improvements shall be repaired or replaced. Resolution No. 21330 Page 7 MESA DRIVE 19. Construct a 6 inch curb and gutter, 18 feet east 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. 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- 1/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline of pavement along the entire Mesa Drive 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. GRADING 23. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. MAP 24. 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. 25. Pursuant to Government Code 66411.1, all required public improvements shall be listed in an Improvement Certificate on the Parcel Map and clearly noted that the required public improvements will be the minimum development requirements for Parcels 1 and 2 of Tentative Parcel Map No. 32261, but shall not be required to be completed until such time that development is contemplated on the subject Parcels.