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HomeMy WebLinkAbout21499 - RESOLUTIONS - 2/1/2006 RESOLUTION NO. 21499 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. TTM33035 AN APPLICATION BY MOUNTAIN MEADOWS ASSOCIATES FOR A TENTATIVE TRACT MAP TO CREATE A ONE LOT CONDOMINIUM MAP FOR THE CONVERSION OF 129 EXISTING APARTMENT UNITS TO 129 CONDOMINIUM UNITS, LOCATED AT 2500 EAST PALM CANYON DRIVE, ZONE R-3, SECTION 24, APN 502-310-054 AND 502-310-055 WHEREAS, Mountain Meadows Associates has filed an application with the City pursuant to the General Plan process, Section 92.04.00 and Section 94.05.03 of the Zoning Ordinance and 9.62 of the Municipal Code, for a Tentative Tract Map to allow a one lot condominium map for the conversion of 129 existing apartment units to 129 condominium units, located at 2500 East Palm Canyon Drive, Zone R3; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Applicant's application for Tentative Tract Map 33035 was given in accordance with applicable law; and ' WHEREAS, on September 28, 2005, a public hearing on the project was held by the Planning Commission which recommended approval (7-0) to the City Council; and WHEREAS, on November 16, 2005, and January 4 and February 1, 2006, a public hearing on the project 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 hearing 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: SECTION 1. Pursuant to the California Environmental Quality Act, the City Council finds that Tentative Tract Map 33035 is Categorically Exempt from the provisions of CEQA in conformance with Section 15301 (Existing Facilities) of the State CEQA Guidelines. SECTION 2. 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, because the proposed Tentative Tract Map converts an existing rental property into ownership housing units which are permitted in both the General Plan Land Use designation and the applicable R-3 Zone. The existing structures do not conform to the standards of the R-3 Zone in building height, front and rear Resolution No. 21499 Page 2 yard setback, and East Palm Canyon Drive setback; however, in accordance with Section 94.05.03 of the Zoning Ordinance, legal nonconforming structures ' shall be permitted to continue provided that any additional alteration or enlargement shall comply with all provisions of the Zone, and no such alterations are proposed by this map 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, because the subject property is 6.58 acres and will use the existing lot size and dimensions with no expansion of the current buildings. c. 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, because access will continue to be provided on Farrell Drive — a fully improved street having the capacity to carry the type and quantity of traffic currently generated by the development, and no additional traffic is anticipated by the project. d. The conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare, because the subdivision as conditioned will create new homeownership opportunities and assure continued investment in the development by the occupants, as ' homeowners. SECTION 3. The City Council of the City of Palm Springs hereby approves Tentative Tract Map 33035 to create a one lot condominium map on approximately 6.58 acres to convert 129 apartment units to 129 condominium units, subject to the Conditions attached as Exhibit A. ADOPTED this Vt day of February, 2006. David H. Ready, City a ATTEST: rl mes Thompson, City Clerk i Resolution No. 21499 Page 3 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. 21499 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 February 1, 2006, by the following vote: AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat and Mayor Oden NOES: None ABSENT: None ABSTAIN: None 6fnes Thompson, City Cler City of Palm Springs, California Resolution No. 21499 Page 4 EXHIBIT A , TENTATIVE TRACT MAP 33035 MOUNTAIN MEADOWS ASSOCIATES 2500 EAST PALM CANYON DRIVE CONDITIONS OF APPROVAL FEBRUARY 1, 2006 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 33035. 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. Resolution No. 21499 Page 5 ' 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 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. 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 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. CC&R's ' 7. 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 Resolution No. 21499 Page 6 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. 8. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $5,000.00, 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. GENERAL CONDITIONS/CODE REQUIREMENTS 9. 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. 10. In accordance with Planning Commission Resolution No. 1503, dated November 18, 1970, the developer is required to plant palm trees (14 feet from ground to fronds in height) 60 feet apart along the entire frontage of Palm Canyon Drive. 11. The project shall meet all of the parking requirements of the Zoning Ordinance. This includes, but not limited to handicap parking, parking area shade, and covered parking, prior to the Final Map. 12. The project is subject to the City of Palm Springs Water Efficient Landscape , Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Zoning for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 13. A final landscape plan for the East Palm Canyon Drive frontage shall be submitted to the Department of Planning Services for approval prior to approval of the Final Map." 14. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to the final map. 15. Prior to recordation of the final map, any structures, buildings or building conversions which are not permitted shall be removed or restored to the condition indicated on the approved site plan. POLICE DEPARTMENT: 16. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. Resolution No. 21499 Page 7 FIRE DEPARTMENT: 17. 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. STREETS 18. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. EAST PALM CANYON DRIVE 19. All broken or off grade street improvements shall be repaired or replaced. SOUTH FARRELL DRIVE 20. All broken or off grade street improvements shall be repaired or replaced. MAP 21. 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. The Final Map shall be approved by the City Council prior to issuance of building permits. 22. Applicant shall provide tenant notification for subdivisions to be created from the conversion of residential property into a condominium project in compliance with Sections 66427.1 and 66452.3 of the Subdivision Map Act.Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit.