HomeMy WebLinkAbout21363 - RESOLUTIONS - 7/20/2005 RESOLUTION NO. 21363
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE
PARCEL MAP 33283 TO SUBDIVIDE TWO LOTS OF
APPROXIMATELY 36,154 SQUARE FEET INTO THREE
LOTS OF APPROXIMATELY 13,350 SQUARE FEET,
11,220 SQUARE FEET, AND 11,530 SQUARE FEET, FOR
THE EXISTING SINGLE-FAMILY RESIDENCE AND
FUTURE DEVELOPMENT OF SINGLE-FAMILY
RESIDENCES, LOCATED AT 850 AVENIDA
CABALLEROS, ZONE R-1-C, SECTION 11
WHEREAS, Sanborn A/E (the "Applicants") has filed an application with the City
pursuant the Palm Springs Municipal Code Section 9.60 for a Tentative Parcel Map to
subdivide two lots of approximately 36,154 square feet into three lots of approximately
13,350 square feet, 11,220 square feet, and 11,530 square feet, for the existing single-
family residence and future development of single-family residences, located at 850
Avenida Caballeros, Zone R-1-C, Section 11; and
WHEREAS, the Applicant has filed Tentative Parcel Map 33283 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 33283, was given in accordance with
applicable law; and
WHEREAS, on June 22, 2005, a public hearing on the application for Tentative Parcel
Map 33283 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 33283, was given in accordance with applicable law;
and
WHEREAS, on July 20, 2005, a public hearing on the application for Tentative Parcel
Map 33283 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 OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Resolution No. 21363
Page 2
Section 1: Pursuant to CEQA, the City Council finds that, Tentative Parcel Map '
33283 is categorically exempt from environmental assessment per Section
15315 (Minor Land Division) 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.
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 two
lots of approximately 36,154 square feet into three lots of
approximately 13,350 square feet, 11,220 square feet, and 11,530
square feet 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.
Parcel 1 has an existing single-family residence and parcel 2 and 3
are zoned for single-family residences. The subdivision is
consistent with the R-1-C Zone.
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 subdivision of two lots of approximately 36,154 square feet will
create three lots of approximately 13,350 square feet, 11,220
square feet, and 11,530 square feet. The proposed subdivision will
create three lots that will be adequate in size and shape to permit
future single-family residences.
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. ,
Parcel 1 is a flag lot with access from an existing 10 foot wide
driveway to Arquilla Road. Access to parcel 2 and 3 will be from
Resolution No. 21363
Page 3
Avenida Caballeros, through an existing 30 foot easement across
two private properties. Other than this access easement parcel 2
and 3 have no other access to any public roads. Avenida
Caballeros and Arquilla Road are fully improved streets and have
the capacity to carry the type and quantity of traffic to be generated
by the proposed future use
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.
ADOPTED THIS 20th day of July, 2005.
David HDavid H Ready ' tanager
ATTEST: y/q9
es Thompson, City Clerk
G 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. 21363 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 20, 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.
Ames Thompson, City Clerk
ity of Palm Springs, California
Resolution No. 21363
Page 4
EXHIBIT A
TENTATIVE PARCEL MAP 33283
CONDITIONS OF APPROVAL
850 AVENIDA CABALLEROS
JULY 20, 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 TPM 33283. 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,
bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences
Resolution No. 21363
Page 5
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.
4. 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).
5. 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.
6. The project will bring additional residents to the community. 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 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.
Cultural Resources
7. Prior to any ground disturbing activity, including clearing and grubbing, ,
installation of utilities, and/or any construction related excavation, an
Archaeologist qualified according to the Secretary of the Interior's Standards and
Resolution No. 21363
Page 6
Guidelines, shall be employed to survey the area for the presence of cultural
resources identifiable on the ground surface.
8. A Native American Monitor shall be present during all ground-disturbing
activities.
Experience has shown that there is always a possibility of buried cultural
resources in a project area. Given that, a Native American Monitor(s) shall be
present during all ground disturbing activities including clearing and grubbing,
excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua
Caliente Band of Cahuilla Indian Cultural Office for additional information on the
use and availability of Cultural Resource Monitors. Should buried cultural
deposits be encountered, the Monitor shall contact the Director of Planning
Services and after the consultation the Director shall have the authority to halt
destructive construction and shall notify a Qualified Archaeologist to investigate
and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for
submission to the State Historic Preservation Officer and Agua Caliente Cultural
Resource Coordinator for approval.
Two copies of any cultural resource documentation generated in connection with
this project, including reports of investigations, record search results and site
records/updates shall be forwarded to the Tribal Planning, Building, and
Engineering Department and one copy to the City Planning and Zoning
Department prior to final inspection.
Additional Permits
9. All appropriate permits shall be obtained prior to any demolition
10. Any future development will require the appropriate development applications,
fees, and other information as needed by the City.
GENERAL CONDITIONS/CODE REQUIREMENTS
11. The appeal period for a Tentative Parcel 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:
12. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs
Municipal Code.
Resolution No. 21363
Page 7
FIRE DEPARTMENT: '
13. Operational Fire Hydrants: An operational fire hydrant(s) shall be installed within
250' of all combustible construction. No landscape planting, walls, or fencing are
permitted within 3 feet of fire hydrants, except groundcover plantings.
14. Road Design: Fire apparatus access roads shall be designed and constructed
as all weather capable and able to support a fire truck weighing 73,000 pounds
GVW. (902.2.2.2 CFC)
15. Minimum Access Road Dimensions: Provide a minimum 20 feet unobstructed
width. If parking on one side of the access road is desired, provide an additional
8 foot wide parking lane with opposing curb marked red with appropriate signage
for a total 28 foot width. If parking on both sides of the access road is desired,
provide an 8 foot wide parking lane on each side of the access road for a total 36
foot width. (902.2.2.1 CFC)
16. Turn-Around Requirements: Dead-end fire apparatus access roads in excess of
150 feet in length shall be provided with approved provisions for the turning
around of fire apparatus. (902.2.2.4 CFC) The City of Palm Springs has two
approved turn around provisions. One is a cul-de-sac with an outside turning
radius of 45 feet from centerline. The other is a hammerhead turnaround '
meeting the Palm Springs Public Works and Engineering Department standard
dated 9-4-02.
17. Parcel #1: The structure on parcel number one will not be demolished and
replaced. A 20 foot easement should be provided, in effect only if the structure on
parcel # 1 is significantly altered or rebuilt.
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.
STREETS
18. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
19. 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 No. 21363
Page 8
2'0. Obtain an easement for the City of Palm Springs for emergency access
purposes, with the right of ingress and egress of service and emergency
vehicles, a minimum of 20 feet in width, across the properties identified by
Assessor's Parcel Numbers 507-233-025 and 507-233-027. The easement shall
be dedicated to the City by separate instrument, and submitted to the City for
acceptance prior to approval of a Parcel Map.
21.
'en
GFushed misrellmeeus
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Construct aminimum 20 feet wide driveway, with a minimum pavement
section of 2'/z inches asphalt concrete pavement over 4 inches crushed
miscellaneous base with a minimum subgrade of 24 inches at 95% relative
compaction, or approved equal, from Avenida Caballeros as necessary to
provide access to Parcels 1, 2 and 3, including the area of the emergency
access hammerhead turn-around. An approved equal, such as turf block,
may be allowed subject to the approval of the City Engineer and Fire
Marshal.
NORTH AVENIDA CABALLEROS
22. Remove the existing curb and gutter as necessary in order to construct a
minimum 20 feet wide driveway approach with its centerline located
approximately 315 feet north of the centerline of Tamarisk Road, within the
existing 30 feet wide road easement shown on Tentative Parcel Map 33283 in
accordance with City of Palm Springs Standard Drawing No. 201.
23. All broken or off grade street improvements shall be repaired or replaced.
ARQUILLA ROAD
24. rnRc;t + 10 feet • +
e dFiVGW2y approach in arpnFdaRnp. with City of Palm
K to
. Construct a 6 inch concrete driveway, unless
otherwise approved by the City Engineer, from the property line to the
existing edge of pavement for access to Parcel 1.
1 25. Remove and replace existing pavement with a minimum pavement section of 3
inches asphalt concrete pavement over 6 inches crushed miscellaneous base
with a minimum subgrade of 24 inches at 95% relative compaction, or equal,
Resolution No. 21363
Page 9
from edge of proposed gutter to clean sawcut edge of pavement along the entire ,
Arquilla Road frontage in accordance with City of Palm Springs Standard
Drawing No. 110 and 315. 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. If the existing structure located on Parcel 1 is to
remain, this condition shall be satisfied prior to approval of a Parcel Map.
SANITARY SEWER
26. City records indicate that the existing structures located in the immediate vicinity,
possibly including the structures on the subject properties, are served by a
private sewer system, the exact location of which is not known. The applicant
shall ensure that the existing private sewer system is maintained for the benefit
of the properties for which it serves; or, the applicant shall be responsible for the
relocation of the private sewer system across the properties if necessary.
Relocation of existing building sewers shall require review and approval by the
Building Official.
27. DELETE: The existiRg struAture InGated nR Parcel 1, if to remain ^-h�
Road, if not already
a
28. New structures on Parcels 1, 2, and 3 shall require direct connection to the public
sewer system. Connection of building sewers to the public sewer system for new
structures shall require review and approval by the Building Official.
29. Obtain a non-exclusive, private sewer easement for the benefit of Parcels 2 and
3, across the properties identified by Assessor's Parcel Numbers 507-233-025
and 507-233-027, as necessary to provide direct connection to the public sewer
system in Avenida Caballeros. This condition shall be waived at the discretion of
the City Engineer upon submission of evidence that easements of record exist
providing benefit to Parcels 2 and 3. The easement shall be obtained, or this
condition shall be waived by the City Engineer, prior to approval of a Parcel Map.
30. Reserve an easement for sewer purposes across Parcel 3 for the benefit of
Parcel 2, as necessary to provide direct connection of those parcels to the public
sewer system in Avenida Caballeros.
ON-SITE ,
31. Dedicate an easement to the City of Palm Springs for emergency access
purposes, with the right of ingress and egress of service and emergency
Resolution No. 21363
Page 10
vehicles, extending to Parcel 1 with a hammerhead configuration providing
emergency access to Parcels 1, 2, and 3 in a manner acceptable to the Fire
Marshall.
32. The existing structures, and any associated accessory structures, located on the
subject property that will cross proposed parcel lines shall be completely
demolished and removed to the satisfaction of the Building Official prior to
approval of a Parcel Map.
GENERAL
33. The applicant is responsible for obtaining all off-site approvals, easements, or
other agreements necessary to provide public utility service to the proposed
parcels.
34. Any utility trenches or other excavations within existing asphalt concrete
pavement of off-site streets required by the proposed development shall be
backfilled and repaired in accordance with City of Palm Springs Standard
Drawing No. 115.
313. All existing utilities shall be shown on the street plans. The existing and proposed
service laterals shall be shown from the main line to the property line.
1 36. The original street plans prepared for the proposed development and approved
by the City Engineer shall be documented with record drawing "as-built"
information and returned to the Engineering Division prior to issuance of a
certificate of occupancy. Any modifications or changes to approved improvement
plans shall be submitted to the City Engineer for approval prior to construction.
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Resolution No. 21363
Page 11
d/oF Citj' CouRe}I--as I
ion-byhe
of rG)M n� I-entsr
into a nAveRant agreeing to undeFgreuRd all of the existing overhead lice
rpqui�ed by the MuniGipal CA-de iR the future-upen-request of the City of Palm
tax hill and a Gepy of a vesting grant deed shall be previded te veFiy�
developer prior W issuaRGP Of any gradiRg Gr building permits. 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 the project to be undergrounded,
shall be submitted to the Engineering Division prior to issuance of any ,
building permit. The existing overhead utilities that cross the subject
properties meet the requirement to be installed underground. Utility
undergrounding shall be completed prior to issuance of a certificate of
occupancy for any building constructed on the subject properties
37a. 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 applicant prior to issuance of any grading or building permits.
MAP
38. 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.
Resolution No. 21363
Page 12
39. All of the 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 2, and
3 of Parcel Map No. 33283, but shall not be required to be completed until such
time that development is contemplated on the subject Parcels. All required
public improvements associated with Parcel 1, if the existing structure located on
Parcel 1 is to remain, shall be completed to the satisfaction of the City Engineer,
prior to approval of a Parcel Map. All of the 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, 2, and 3 of Parcel Map No. 33283,
but shall not be required to be completed until such time that development
is contemplated on the subject Parcels.
1