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HomeMy WebLinkAbout21739 - RESOLUTIONS - 10/18/2006 RESOLUTION NO. 21739 A RESOLUTION OF THE. CITY COUNCIL. OF THE CITY OF PALM SPRINGS CALIFORNIA, APPROVING A PARCEL MAP TO SUBDIVIDE AIRSPACE FOR CONDOMINIUM OWNERSHIP OF FOUR EXISTING ATTACHED MULTI- FAMILY UNITS, LOCATED AT 993 EAST PAROCELA PLACE, SECTION 23, APN: 508-215-004. WHEREAS, Bruce Ostrander for Gordon Elkins Et AI (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 airspace for an approximately 0.23-acre existing four- plex located at 993 Parocela Place, Zone R-2, Section 23 ; and WHEREAS, the Applicant has filed Tentative Parcel Map 35046 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 35046, was given in accordance with applicable law; and WHEREAS, on October 11, 2006, a public hearing on the application for Tentative Parcel Map 35046 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on October 18, 2006, a public hearing on the application for Tentative Parcel Map 35046 was held by the City Council in accordance with applicable law; and WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the City Council has considered the effect of the proposed project on the housing needs of the region, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources; and WHEREAS, the proposed subdivision, Tentative Parcel Map 35046, 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 15301 (Existing Facilities); 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. Resolution No. 21739 Page 2 ' THE CITY COUNCIL. HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that Tentative Parcel Map 35046 is categorically exempt from environmental assessment per to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA), because the proposal is to divide existing multiple-family residences into common-interest ownership where no physical changes occur which are not otherwise exempt. 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 proposed Tentative Parcel Map is consistent with all applicable general and specific plans. ' The proposed project is consistent with the M15 General Plan designation as an existing multi-family medium-density residential development. The subdivision specifically divides airspace for the designation of ownership and does not conflict with the goals and policies of the general plan. b. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. The proposed project design is generally consistent with the stated purpose of promoting and protecting public health, safety, and welfare, and providing for comprehensive and orderly planned use of land resources per Section 91.00.00 of the Zoning Code, because the proposal only divides airspace and does not alter the existing development in any way. C. The site is physically suited for this type of development. d. The site is physically suited for the proposed density of development. The project site is an existing development and is physically similar to surrounding multi-family residences. , Resolution No. 21739 Page 3 e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The division of airspace does not change the existing development, and only changes ownership and taxation, therefore, the subdivision does not create a new design. The site has been previously developed and is surrounded by urban development for over sixty years. There are no indigenous plant species or endangered wildlife associates with this site. f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The existing development includes the provision of public water and sewer and street assemblage that provides an orderly system of ordinary and emergency access to the project. g. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council approves TTM35046 subject to the conditions of approval attached herein as Exhibit A. ADOPTED, this 18th day of October, 2006. David H. Ready, City ager ATTEST: a mes Thompson, City Clerk G Resolution No, 21739 Page 4 ' 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. 21739 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 the 18th day of October, 2006, by the following vote: AYES: Councilmember McCulloch, Councilmember Pougnet, and Mayor Oden. NOES: Councilmember Mills. ABSENT: Mayor Pro Tern Foat. ABSTAIN: None. es Thompson, City Clerk ' ity of Palm Springs, California Resolution No. 21739 Page 5 EXHIBIT A TENTATIVE PARCEL MAP 35046 CONDITIONS OF APPROVAL. GORDON ELKINS 993 EAST PAROCELA PLACE CITY COUNCIL OCTOBER 18, 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 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 that 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 35046. 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, Resolution No. 21739 Page 6 ' 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 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 the Subdivision Map Act, Section 66473.1 the design of ' the subdivision shall provide, to the extent feasible for future passive or natural heating or cooling opportunities in the subdivision. 5. That the property owner(s) and successors and assignees in interest shall maintain all site improvements free from waste and debris, including sidewalks, bikeways, parking areas, landscape, irrigation, lighting, walls, and fences between the curb and property line, including any easement areas that extend onto private property 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. 6. Prior to recordation of the final subdivision map, the developer shall submit for review and approval the following documents to the Planning Division which shall demonstrate that the project will be developed and maintained in accordance with the intent and purpose of the approved tentative map: a. The document to convey title b. Deed restrictions, easements, of Covenant Conditions and c. Restrictions to be recorded. ' Resolution No. 21739 ' Page 7 7. The approved documents shall be recorded at the same time that the subdivision map is recorded. The documents shall contain provisions for joint access to the proposed parcels, open space restrictions. The approved documents shall contain a provision, which provides that they may not be terminated or substantially amended without the consent of the City and the developer's successor-in-interest. POLICE DEPARTMENT 8. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. FIRE DEPARTMENT 9. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) Numbers shall be a minimum 4 inches, and of contrasting color to the background. 10. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. (1002.1 CFC) Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is along the path of exit travel or near an exit door. Extinguishers located outdoors must be installed in weather and vandal resistant cabinets approved for this purpose. 11. ACCESS: fire department access roads shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150' from such roads. cfc 902.2.1. 12. RESIDENTIAL SMOKE DETECTOR INSTALLATION: provide residential smoke detectors. Detectors shall receive their primary power from the building wiring, and shall be equipped with a battery backup. (310.9.1.3 cbc) in new construction, detectors shall be interconnected so that operation of any smoke detector causes the alarm in all smoke detectors within the dwelling to sound. (2-2.2.1 nfpa 72) provide a note on the plans showing this requirement. Resolution No. 21739 Page 8 ' 13. Trash Container Protection: If trash container space is within 5 feet of a building wall provide information on the type and size of trash container to be stored there. If it is a dumpster with a capacity of 1.5 cubic yards or greater, then the container must be protected by an approved automatic fire sprinkler. (1103.2.2 CFC) 14. Fire Flow: Determined to be 1,750 GPM. ENGINEERING 15. 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. 16. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 17. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. PAROCELA PLACE 18. All broken or off grade street improvements shall be repaired or replaced. GENERAL 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 $140 shall be paid by the applicant prior to issuance of any grading or building permits. 1 Resolution No. 21739 Page 9 MAP 19. 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 parcels 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. 20. Applicant shall provide tenant notification for subdivisions to be created from the conversion of residential property into a condominium project in compliance with Government Code Sections 66427.1 and 66462.3. 21. Upon approval of a parcel map, the parcel map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for a G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file) ), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer.