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HomeMy WebLinkAbout7/5/2001 - STAFF REPORTS (22) Date: July 5, 2001 To: City Council From: Director of Planning & Building CASE 5.0678-PD AND TTM 29987(TENTATIVE TRACT MAP) APPLICATION BY SPARTAN VILLA HERMOSA, LLC FOR A PLANNED DEVELOPMENT DISTRICT(PD)AND PRELIMINARY AND FINAL DEVELOPMENT PLAN APPROVAL FOR A 21-UNIT MULTIPLE FAMILY(PROPOSED CONDOMINIUM) PROJECT AND FOR A TENTATIVE TRACT MAP FOR CONDOMINIUM PURPOSES AT 155 HERMOSA PLACE, R-2 ZONE WITH RESORT OVERLAY, SECTION 10. RECOMMENDATION: That the City Council conduct a public hearing and approve the proposed Planned Development District and Tentative Tract Map for a 21-unit multiple family (proposed condominium) project located at 155 Hermosa Place, subject to the conditions outlined in the attached Resolution. SUMMARY The applicant is seeking to renovate a 21 unit apartment complex (Villa Hermosa) and convert into condominiums. Associated with this application is a request to vacate a portion of Prescott Drive. The street vacation request is being considered concurrently but separately from this request. The Planning Commission conducted a public hearing on the subject applications during its meeting of June 20, 2001 and voted unanimously to recommend that the City Council adopt the attached resolution approving the Tentative Tract Map and Planned Development District. BACKGROUND: Spartan Villa Hermosa, LLC has submitted applications for both a Tentative Tract Map and a Planned Development District to allow the rehabilitation of an existing 21-unit multiple family (proposed condominium) project. The existing multiple family units are vacant, and the project proposes interior and exterior remodeling of the dwelling units, the addition of carports, and substantial landscape improvements for the site. The tentative tract map application is to subdivide the project dwelling units for condominium ownership. The applicant has also submitted an application to vacate a street. This Planned Development District application proposes to provide specific development standards for the project as well as a combined preliminary and final development plan as provided for by Zoning Code Section 9403.00. ADJACENT ZONING / LAND USE: North: C-1 apartments and retail uses South: R-2 church and commercial uses ` II Case 5.0678 PD and TTM 29987 July 5, 2001 Page 2 East: C-1 vacant West: R-1-A; single family residential (west of Prescott Road). ANALYSIS: Tentative Tract Map This Tentative Tract Map proposes to subdivide an existing apartment complex for condominium ownership purposes. The City's Municipal Code, consistent with the State Subdivision Map Act, requires that any project which is the subject of a condominium map must meet all currently applicable zoning and other regulations. The project site is nonconforming with respect to zoning regulations pertaining to development standards. In order to address these nonconformities, a Planned Development District application has been filed in conjunction with this application requesting approval of modified development standards. With approval of the accompanying PD, the project will conform to all zoning requirements. The subject property is located within the R-2 (Limited Multiple Family Residential) zone, which allows multiple family dwellings. The site is .95 acres. The subject site as presented in accompanying plans includes an area that is currently utilized as a public street(Prescott Drive). Astreetvacation is required in order to add this to the property, and the applicant has submitted an application for a street vacation in conjunction with this tentative tract map application. As the portion of roadway is designated in the General Plan as a local road, and as vacation of this portion of roadway will not adversely impactthe circulation system in the vicinity of the site, vacation of this portion of the roadway is consistent with the General Plan. The State Subdivision Map Act contains provisions for the notification of tenants when an existing apartment complex is proposed to be subdivided for condominium purposes, as well as exclusive rights of tenants to contract for purchase of units. As the subject property has been vacant for some time, no such notifications or offers to tenants are required Planned Development This proposed Planned Development District and accompanying development plan consists of development standards and design plans for the rehabilitation of an existing property. The existing Villa Hermosa apartment complex consists of21 dwelling units within 3 existing one-and two-story buildings. Thecomplex, builtin 1946 was originally designed by architect Albert Frey. Thebuildings are nowvacant, and the applicant has submitted plans depicting a variety of improvements for the project, including building facade remodeling, new decks and patios for the individual units, new landscaping and walls, and new parking carports. The improvements serve to rehabilitate and enhance the existing structures designed by Frey. The proposed rehabilitation and remodel of this project site entails both existing and proposed (carports) structures, and a number of modifications to existing zoning development standards. In accordance with Section 9403.00(C)of the Zoning Code,the Planning Commission and the City / 0UAW Case 5,0678 PD and TTM 29987 July 5, 2001 Page 3 Council are authorized to establish a full range of development standards appropriate to the orderly development of a site forwhich a PD is approved. Therefore, the Planning Commission and City Council may determine thatthe benefits of the development plan proposed warrantthe granting of the development standards proposed. Note that nearly all nonconformities are existing and proposed to continue primarily becausethe projectfocuses on rehabilitation ratherthan demolition and reconstruction. The project site is located within the R-2 (Limited Multiple Family Residential) zone. The development standards required in this zone,and the standards proposed within the development plan presented, are as follows: Allowed/Required Proposed Density 1 unit/ 3,000 sq.ft. (*) 1 unit/ 1,963 sq.ft. Height 24' 18' maximum 15' max. within 150' of including within 150' of adjacent R-1 property adjacent R-1 property Setback, Front 25' 18' Setback, Side 10, 8'6" *: The allowable General Plan Density is 21 units per acre. These nonconformities are existing and are not proposed to be intensified. Note that although the density exceeds that permitted in the R2 zoning district,the density complies with the density allowance for the Resort Commercial designation noted in the General Plan. Therefore, the density is consistent with the density identified in the General Plan. The proposed site plan makes efficient use of the project area (including the proposed street vacation) in order to improve the project site and provide numerous new amenities for future residents. With respect to parking, new carports are proposed which will provide individual units with covered parking, as required by the zoning code. The proposed carports meet parking dimensional requirements and provide adequate vehicular back-up and maneuvering area. Guest parking is proposed to be provided in parking bays opening directly onto the street. A complete landscaping plan forthe project site,which currently contains only scattered palm trees, has been submitted. The landscape plan presented features numerous mesquite and acacia trees around the project perimeter, as well as a variety of palm trees and palm groupings. Turf, shrubs and accent plants are combined for a lush effect both at the streets and within the project's internal courtyard area. Parking lot landscaping is proposed as required by code, and colored decorative concrete is proposed for additional enhancement. Planning Commission finds the proposed development plan to be a significant enhancement of the project site. Modifications to certain existing zoning requirements have been requested; staff finds A4.4 Case 5.0678 PD and TTM 29987 July 5, 2001 Page 4 the requests to be reasonable and finds the benefits of the improved project site to justify approval of the plan as presented. Approval by the Planning Commission and City Council of the preliminary development will constitute approval of the preliminary Planned Development District, and the preliminary development plan shall, by reference, be incorporated into and become a part of the Planned Development District. Generally,the applicant would submit a final development plan for approval by the Planning Commission, which would review the final plan for substantial conformance with the approved preliminary plan. However, a Final Development Plan may be processed concurrent with the Preliminary Development Plan. The applicant has submitted elevations, site plans, landscape plans, lighting plans, and floor plans. With this application, approval of the development plan as both a preliminary and final plan is requested. PLANNING COMMISSION ACTION During its meeting of June 20,2001,the Planning Commission conducted a public hearing on the request for a Planned Development District and Tentative Tract Map. At the conclusion of the public hearing, the Planning Commission unanimously voted to recommend approval. ENVIRONMENTAL ANALYSIS AND NOTIFICATION: This project is categorically exempt from the California Environmental Quality Act pursuant to Sections 15301(k)and 15303(e). All property owners within four hundred(400)feet of the subject site have been notified. As of the writing of this report, staff has not received any correspondence from adjacent property owners. D ug as Evans Director f Planning and Building David Hr. R ReadyEea y � City Manager ATTACHMENTS: 1. Vicinity Map 2. Resolution I // I Case 5.0678 PD and TTM 29987 July 5, 2001 Page 10 EXHIBIT A CASE 5.0678 (PDD) AND TTM 29987 CONDITIONS OF APPROVAL June 20, 2001 Before submittal foranyfinal map, all conditions listed belowshall 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. PLANNING DEPARTMENT: 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 ownershall 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 oremployees to attach, set aside, void or annul, an approval ofthe City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0857-CUP, The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding againstthe City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs orwill 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 orfails 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 further indemnification hereunder, 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. The developer shall submit Covenants,Conditions and Restrictions(CC&Rs)forthe project to the Planning Department for review and approval prior to final map approval. 4. The developer shall obtain approval of a Planned Development District for the project to address development standards prior to issuance of any final map. 5. If construction is not commenced by the property owner(s)within six months from the date I0 S� Case 5.0678 PD and TTM 29987 July 5, 2001 Page 11 ofthe City Council approval of the Planned Development District,the Planned Development District shall be null and void. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 6. Project approval for the proposed vacation of Prescott Road shall be obtained. If approval for the vacation of Prescott Road is not obtained, this Planned Development District approval shall become null and void. 7. The final construction plans shall be submitted in accordance with Section 9403.00 of the Zoning Ordinance. Final construction plans shall include site plans, building elevations,floor plans, roof plans,grading plans,landscape plans, irrigation plans,exterior lighting plans,sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. To the extent required plans have been submitted, they do not need to be resubmitted. 8. Final irrigation plans shall be submitted for approval by the Department of Planning and Building prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 9. 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 Building for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 10. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. 11. No exterior downspouts shall be permitted on any facade on the proposed building(s)which are visible from adjacent streets or residential and commercial areas. 12. The design, height,texture and colorof building(s),fences and walls shall be submitted for review and approval prior to issuance of building permits. 13. An exterior lighting plan in accordance with the lighting ordinance in effect at the time shall be submitted for review and approval by the Director of Planning and Building prior to issuance of building permits. A photometric study and manufacturer's cut sheets of all exterior light fixtures shall be submitted with the lighting plan. 14. Illumination levels in the parking area shall be in accordance with Section 9321.00 of the Palm Springs Zoning Ordinance. 15. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. The locations of all fixtures shall be indicated on the site plan. 16. Bay parking shall include decorative paving, colored and/or patterned to relate to overall design. Case 5.0678 PD and TTM 29987 July 5, 2001 Page 12 17. Plans meeting City standards for approval on the proposed trash and recyclable materials enclosure shall be submitted prior to issuance of a building permit. 18. Details of pool fencing(materials and color)and equipment area shall be submitted with final landscape plan. 19. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. ENGINEERING DEPARTMENT: STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950-Restricting Street Work on Major and Secondary Thoroughfares. 2. The existing street improvement plans can be revised by a Registered Civil Engineer to show the proposed improvements. The plans shall be approved by the City Engineer prior to Final Map submittal to the City Council for approval. The plans are in the City of Palm Springs Engineering Department. HERMOSA PLACE 3. Construct a 6 inch curb and gutter,20 feet SOUTH of centerline along the entire frontage of the subject property per City of Palm Springs Standard Drawing No. 200. 4. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have a minimum width of 10 feet. 5. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 6. Remove and replace existing pavementwith a minimum pavementsection of inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 100 AND 315. The pavement section shall be designed, using"R"values, by a licensed Soils Engineer and submitted to the City Engineer for approval. PRESCOTT DRIVE N.E. 7. Developershall applyforthe vacation of PRESCOTT DRIVE N.E.from HERMOSA PLACE to ELALAMEDA. Developer shall be responsible for final resolution of all utilities,demolition M41 Case 5.0678 PD and TTM 29987 July 5, 2001 Page 13 of all existing improvements, reconstruction of affected intersecting streets and coordination of improvements with adjacent property owners, if applicable, for the street vacation. All agreements and improvement plans relative to the above mentioned items shall be approved by the City Engineer prior to the submittal of the street improvement plans. All underlying ownership of the proposed vacated street shall be appropriately transferred and copies of the recorded deeds provided to the City Engineer prior to issuance of building permits. EL ALAMEDA 8. Construct a 6 inch curb and gutter 18 feet NORTH of centerline along the entire frontage of the subject property per City of Palm Springs Standard Drawing No. 200. 9. Construct modified driveway approaches to accommodate bay parking stalls along the EL ALAMEDA frontage per City of Palm Springs Standard Drawing No. 201 (See Note 5 and Section A-A for depressed top of curb). 10. The driveway approach at the main entry shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have a minimum width of 24 feet. 11. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 12. Remove and replace existing pavement with a minimum pavement section of 2-1/2 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 100 AND 300. The pavement section shall be designed, using "R"values, by a licensed Soils Engineer and submitted to the City Engineer for approval. SANITARY SEWER 13. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. GRADING 14. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 15. Submit a Grading Plan prepared by a Registered Professional to the Engineering Department for plan check. Grading plan shall be submitted to the Planning Departmentfor comments priorto submittal to the Engineering Division.The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: ' /019 Case 5.0678 PD and TTM 29987 July 5, 2001 Page 14 A. Copy of Planning Department comments regarding the grading plan. B. Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. 20. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep - to keep nuisance water from entering the public streets, roadways, or gutters. 21. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 22. Contact the Building Department to get PM10 requirements prior to request for grading permit. 23. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving an engineered grading plan and the export of native soil from the site will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved"Notification of Intent to Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties"(RIFA Form CA-1)or a verbal release from that office prior to the issuance of the City grading permit. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert. (Phone: 760-776-8208). DRAINAGE 24. The developer shall accept all flows impinging upon his land and conductthese flows to an approved drainage structure. On-site retention/detention or other measures approved by the City Engineer shall be required if off-site facilities are determined to be unable to handle the increased flows generated by the development of the site. Provide calculations to determine if the developed Q exceeds the capacity of the approved drainage carriers. 25. Not used. ON-SITE 26. The minimum pavement section for all on-site streets/parking areas shall be 2-1/2 inch asphalt concrete pavement over 4-inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal. The pavement section shall be designed, using "R" values, determined by a licensed Soils Engineer and submitted with the Fine Grading Plan to the City Engineer for approval. 14049 Case 5.0678 PD and TTM 29987 July 5, 2001 Page 15 27. The on-site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00 GENERAL 28. Any utility cuts in the existing off-site pavement made by this development shall receive trench replacementto match existing pavement plus one additional inch. See City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. 29. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. 30. 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. The approved original street plans shall be as-built and returned to the City of Palm Springs Engineering Department prior to issuance of the certificate of occupancy. 31. The ownershall enter into a covenant agreeing to underground all existing overhead facilities on/or adjacent to this property that are less than 35 kV in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be consummated and submitted to the Engineering Department prior to issuance of grading permit. An updated title report or a copy of the current tax bill shall be provided to verify ownership. 32. The developer shall take every precaution needed to "Protect-in-Place" any existing Whitewater Mutual Water Company water line(s) that may traverse this project. 33. Nothing shall be constructed or planted in the corner cut-off area of any drivewaywhich does orwill exceed the height required to maintain an appropriate sight distance per City of Palm Springs Standard Drawing No. 203. 34. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. MAP 35. The 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 or Final Map to the Engineering Department. 36. The Final Map shall be prepared by a licensed Land Surveyoror qualified Civil Engineer and submitted to the Engineering Department for review. Recordation shall be completed prior to issuance of grading or building permits. Case 5.0678 PD and TTM 29987 July 5, 2001 Page 16 TRAFFIC 37. The developer shall provide a minimum of48 inches of sidewalk clearance around all street furniture, fire hydrants, and other above-ground facilities for handicap accessibility. The developershall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible forthe relocation of all existing traffic signals/safety light polies, conduit, pull boxes and all appurtenances located on the HERMOSA PLACE and EL ALAMEDA frontages of the subject property. 38. The developer shall replace all damaged, destroyed, or modified pavement legends and striping that is required by the City Engineer on the HERMOSA PLACE and EL ALAMEDA frontages prior to issuance of a Certificate of Occupancy. 39. Construction signing, lighting, and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1996, or subsequent additions in force at the time of construction. 40. This property is subject to the Transportation Uniform Mitigation Fee based on the RESIDENTIAL MULTI-FAMILY ITE Code B land use. FIRE 41. Construction shall be in accordance with the 1998 California Fire Code,the 1998 California Building Code, 1995 Title 24, DWA requirements, Palm Springs Ordinance 1570 and 1998 NFPA standards. 42. Construction site fencing is required. Access gates shall be at least 14' in width and equipped with a frangible chain and padlock. 43. Aconstruction site guard is required forcombustible construction over5,000 square feetper Palm Springs Ordinance 1570. 44. A KNOX key box is required in accordance with the 1998 California Fire Code. 45. Water mains and fire hydrants shall be per Desert Water Authority specifications. 46. The applicantshall contactthe Fire Department regarding the existing fire main on Prescott Drive N.E. as shown in DWA water map book, page 4-4-10 SE. 47. An automaticfire sprinklersystem shall be installed in accordance with NFPA 13 and Palm Springs Ordinance 1570, unless the Fire Marshall directs otherwise. 48. Fire Extinguishers shall be installed in accordance with the 1998 California Code. '4)##// Case 5.0678 PD and TTM 29987 July 5, 2001 Page 17 49. The 5 year certification for the existing Class II Standpipes is past due. 50. Residential smoke detectors shall be provided in all sleeping areas perthe 1998 California Building Code. 51. A fire alarm system is required in accordance with 1998 California Fire Code, 1998 California Building Code, and Title 24. Installation shall be in accordance with NFPA 72. ?*4 .- r,Aitim z , JUL 13 2001 - PL��� PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside - - - - - - - -- -- --- - - - - --------------------------------------------- I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid;I am over the age of eighteen ------------------ years, - ' and not a party to or interested in the No assaOF PUBLIC HEARING • 1• Y PALM NOTICE SPRINGS CITY COUNCIL above-entitled matter.I am the principal cleric of a printer of the,DESERT SUN PUBLISHING Case Nos. 5.0678, and Tentative Tract Map 29987 COMPANY a newspaper of general circulation, 155 Hermosa Place printed and published in the city of Palm Springs, Villa Hermosa Conn of Riverside,and which newspaper has been NOTICE IS HEREBY GIVEN that the city council Countyof the City of Palm Spnnys, California,will hold a adjudged a newspaper of general circulation by the pubic hearing at its meeting of Jai 5, 2001.The Cubic Council meeting begins at 7: 0 p.m. in the Superior Court of the County of Riverside,State of Council Chamber at City Hall, 3200 . Teri California under the(late of March 24,1988.Case Canyon way, Palm Springs. Number 191236;that the notice,of which the The purpose of the hearing is to consider an ap- plicatien for a Planned Development to allow or annexed is a printed co set in a not smaller the conversion of existing apartments Into condo- , 1 PY( i•Yp condo- miniums, and an application for a Tentative Tract Ulan Iron ariel,has been published in each regular Map for condominium purposes. The applicant is p P g seeking to rehabilitate the existng 21 unit apart- and entire issue of said newspaper and not in any ment complex and convert the units to condomin- ium units. The propperty known as Villa Hermosa supplement thereof oil the following dates,to wit: and is located at 155 Hermosa Place, R-2 Zane with the Resort Overly, Section 10 June 24th ------ I____ I __ - AM c�pirm-1 Mimes P/LC 1as.00 Min uW -----------___-------------------------________________ All in the year 20015 I certify(or declare)tinder penalty of perjury that the § g foregoing is true and correct. } 27t1p rx4wuc Dated at Palm Springs,California this--------------day r Julie Mj01O"0 of-------- 2001 -- ---'1--1---I In accordance with Section 15301 oI CECA (Ex- (�(//'hry isti0a Facilities),the project is a categorical ex- 4�. unction. If any individual or group challenges the action in Signature court, issues raised may be limited to only those sues raised at the public hearingg described in this notice or in written correspon oncehearing. . n pri- or to the Planning Commission hearing. An op- portunity will be given at said hearing for all inter- ested persons to be heard. Questions regarding this case may Planning directed to Hope V Sullivan, Department of Planning and Building, 760/323- 8245. PATRICIA A. SANDERS City Clerk PUB' June 24, 2001 JUN 15 � PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA - County of Riverside -- - — -- - - - - - -------------------------------------------- I am a citizen of the United States and a resident of Proof of Publication of — — the County aforesaid;I am over the age of eighteen No.aa13 - years,and not a party to or interested in the CITY OF PALM SPRINGS above-entitled matter.I am the principal clerk of a NOTICE OF PUBLIC HEARING printer of the,DESERT SUN PUBLISHING PALM SPRINGS PLANNING COMMISSION COMPANY a newspaper of general circulation, case Nos. 5.0678, and Tentative printed and published in the city of Palm Springs, Tract Map 29987 155 Hermosa Place County of Riverside,and which newspaper has been villa Hermosa adjudged a newspaper of general circulation b the NOTICE IS HEREBY GIVEN that the Planning I gg y Commission of the City of Palm Springs, Califor- Superior Court of the County of Riverside,State of nia, will hold a public hearing at its meeting of June 20,2001.The Planning Commission meeting California under the date of March 24, 1988.Case begins at 1.30 p.m, with the public hearing start- ing at 2 00 p.m. in the Council Chamber at City Number 191236;that the notice,of which the Hall, 3200 E. Tahquitz Canyon Way, Palm annexed is a printed copy(set in type not smaller T rings e purpose of the nearing Is to consider an ap- than non ariel,has been published in each regular placation for a Planned Development to allow For p P g the conversion of existing apartments into condo- and entire issue of said newspaper and not in any minulms, and an application for a Tentative Tract Map for condominium purposes. The applicant is supplement thereof on the following dates,to wit: seeking to rehabilitate the existing 21 unit apart- ment complex and convert the units into condo- _ _ minlum-units The propertyy is known as Villa I —"---- moss and is located at 155 Hermosa Place, R-2 JnI1C 10t1t Zone with the Resort Overlay, Section 10. ——_—.———polas WOS.tNP -----------------------------------------------------—-------- PAERSIDE GE 756,COOUNTY 2001 EDITION All in the year 2001 p"0� J I' i _ u0.HF I certify(or declare)under penalty of perjury that the 1 foregoing is true and correct. i T"r"SIIh"a 1Jill --- a wum ,ewmx mw N Dated at Palm Springs,California this-----------day June of-------- 2001 _ Hcio inn — y/(�/ Fl QeI -- ----------� �" ( / 6 _ ____________ In accordance with Section 15301 of CEQA (Ex- -�-"-`-----� istmg Facilities), the prolecl Is a categorical ex- Signatureem tion If anyy individual or group challenges the action in court, issues raised may be limited to only those ssues raised at the public heannq described in this notice or in written correspondence at or pri- or to the Planning Commission hearing. An op- por"I"y int will be given at said hearing for all er- ested persons to be heard. Questions regarding this case may be directed to Hope V. Sullivan, Department of Planning and Building, (760)323- 8245 Isl Douglas R.Evans -_ Director of Planning and Building Pry= 9 AFFIDAVIT OF MAILING STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) I, the undersigned, say: I am and was at all times herein mentioned, a citizen of the United States and employed in the County of Riverside, over the age of eighteen years, and not a party to the within action or proceeding; that my business address is 3200 E. Tahquitz Canyon Drive, Palm Springs, California; that on the 8th day of June, 2001, 1 served the within (NOTICE OF PUBLIC HEARING) on PLANNING COMMISSION CASE NO. 5.0678/ TTM 29987 to consider an application for a Planned Development to allow for the conversion of existing apartments into condominiums, and an application for a Tentative Tract Map for condominium purposes. The applicant is seeking to rehabilitate the existing 21-unit apartment complex and convert the units to condominium units. The property is known as Villa Hermosa and is located at 155 Hermosa Place, Zone R-2 with the resort overlay, Section 10., on persons contained in Exhibit "A" attached hereto in said action or proceeding by depositing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, in a mailbox, sub-post office, substation or mail chute, or other like facility, regularly maintained by the Government of the United States in the City of Palm Springs, California, addressed to the list of persons or firms indicated on the report received from the title company dated May 25, 2000 and certified by the City's Planning Technician, and attached hereto as Exhibit "A". I hereby declare under penalty of perjury that the foregoing is true and correct. CaM L. Rovney Dated at Palm Springs, California, this 8`hday of June, 2001. NOTICE OF PUBLIC HEARING PALM SPRINGS PLANNING COMMISSION Case Nos, 5.0678, and Tentative Tract Map 29987 155 Hermosa Place Villa Hermosa NOTICE IS HEREBY GIVEN that the Planning Commission ofthe City ofPalm Springs,California,will hold a public hearing at its meeting ofJune 20,2001. The Planning Commission meeting begins at 1:30 p.m.,with the public hearing starling at 2:00 p.m.in the Council Chambers at City Hall,3200 E.Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider an application for a Planned Development to allow for the conversion of existing apartments into condominiums,and an application for a Tentative Tract Map for condominium purposes. The applicant is seeking to rehabilitate the existing 21 unit apartment complex and convert the units to condominium mots. The property is known as Villa Hermosa and is located at 155 Hermosa Place, R-2 Zone with the Resort Overlay, Section 10. In accordance with Section 15301 of CEQA(Existing Facilities),the project is a categorical exemption. If any individual or group challenges the action in court,issues raised maybe limited to only those issues raised at the public hearing described in this notice or in written correspondence at or prior to the Planning Commmission hearing. An opporhuiity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Hope V.Sullivan,Department ofPlanning and Building, 760/323-8245. DOUG R. EVANS Director of Planning and Building Publish: June 10, 2001 CHICAGO TITLE 560 EAST HOSPITALITY LANE, SAN BERNARDINO, CA 92408 (909) 884-0448 Date: OCTOBER 10,2000 Enclosed you will find the radius requested by you on Assessor's Parcel No. 505-264-001 This radius has been prepared as a courtesy using the most current assessor's tax rolls and equalized plat neaps available to us, as per the county requirements. While the information herein provided is believed to be correct, this company assumes no liability for any ioss occuring by the reason of reliance thereof. a d Customer c,`rvice Smooth Feed SheetsTM Use template for 5160 505-252-009 505-252-011 505-253-001 Seymour & Alyce Lazar Seymour M Lazar David & Janet Katz 334 W Hermosa P1 334 W Hermosa P1 375 W Hermosa P1 Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 505-253-002 505-253-003 505-261-005 Barder Barder Villa De Las Palmas Apartmen 369 W Hermosa P1 PO Box 2569 197 W Via Lola Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 505-261-006 505-261-007 505-261-008 Ba Properties Inc David E Schroeder Paul A Sislin 333 S Beaudry Ave 1061 N Palm Canyon Dr PO Box 39817 Los Angeles, CA 90017 Palm Springs, CA 92262 Los Angeles, CA 90039 505-261-009 505-261-010 505-261-011 Paul A Sislin Joseph W Clayes Janet Brackey PO Box 39817 346 E Tamarsk St 190 W Hermosa P1 Los Angeles, CA 90039 Palm Springs, CA 92262 Palm Springs, CA 92262 505-261-012 505-261-013 505-261-014 David M & Linda Morrow Karen Delange Merton E & Louise Frazier 39300 Bob Hope Dr 264 W Hermosa P1 PO Box 433 Rancho Mirage, CA 92270 Palm Springs, CA 92262 Palm Springs, CA 92263 505-261-015 505-261-018 505-261-019 Las Palmas Prop Management Stephen H & Elizabeth Shagan Barbara L Howard 4766 Bryn Mawr Rd 285 W Via Lola 10230 W Sunset Blvd Los Angeles, CA 90027 Palm Springs, CA 92262 Los Angeles, CA 90077 505-261-020 505-262-001 505-262-004 Stephen H & Elizabeth Shagan Catherine T Ponder Terry D Hiestand 285 W Via Lola PO Box 8330 1010 Friar Ct Palm Springs, CA 92262 Palm Springs, CA 92263 Palm Springs, CA 92262 505-262-005 505-263-002 505-264-001 Victor J Harrigan Keith W Volk Michael A & Gefroh Castro 717 Brea Canyon Rd 175 W Hermosa PI 68390 Durango Rd Walnut, CA 91789 Palm Springs, CA 92262 Cathedral City, CA 92234 505-264-002 505-274-002 505-274-003 Stephen C & Lawrence Nichols Jacqueline E Autry Jacqueline E Autry 879 N Palm Canyon Dr 328 W Mountain View Pl 328 W Mountain View P1 Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 505-274-005 505-281-002 505-261-003 Donald T Knutson Caroline Hakim W H & Helen Hampton He 66 Box 607 885 N Prescott Dr 980 E Tahquitz Canyon Way Mountainair, NM 87036 Palm Springs, CA 92262 Palm Springs, CA 92262 RA AVERY® Address Labels Laser 5160® Smooth Feed SheetsTM Use template for 51600 505-282-001 505-282-002 505-283-002 Elliott L & Judy Bernstein Robert C Gould Sherrod E Turner 275 W Mountain View P1 815 N Prescott Dr 860 N Prescott Dr Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 505-283-003 505-283-006 505-283-010 Stephen P Pougnet Glenn E Texeira Harold J Hicks 339 Saint Paul St 717 N La Cienega Blvd PO Box 427 Denver, CO 80206 West Hollywood, CA 90069 Palm Springs, CA 92263 505-283-011 505-283-012 505-283-013 Prescott S & Stephen Nichols Stanley K & Alan Clark Prescott S & Stephen Nichols 879 N Palm Canyon Dr 1200 E Paseo E1 Mirador 879 N Palm Canyon Dr Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 505-283-016 505-283-017 *** 41 Printed *** Wardens Rector Rec Wardens & Vestrymen Of P 125 W El Alameda 125 W El Alameda Palm Springs, CA 92262 Palm Springs, CA 92262 IRS AVFQV® AddrPI, i^help, i • �� „�® Smogth Feed SheetsTM Use template for 51600 Bob Seale Christine Hammond John Hunter 280 Camino Sur 373 South Monte Vista Drive P.O. Box 2824 Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92263 Philip Tedesco Sharon Lock Frank Tysen 1303 West Primavera Drive 1517 Sagebrush Casa Cody Palm Springs, CA 92264 Palm Springs, CA 92264 175 South Cahuilla Road Palm Springs, CA 92264 Bob Weithorn Jane Smith 261 South Belardo Road 928 Avenida Palmas Palm Springs, CA 92264 Palm Springs, CA 92262 Bob Seale Christine Hammond John Hunter 280 Camino Sur 373 South Monte Vista Drive P.O. Box 2824 Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92263 Philip Tedesco Sharon Lock Frank Tysen 1303 West Primavera Drive 1517 Sagebrush Casa Cody Palm Springs, CA 92264 Palm Springs, CA 92264 175 South Cahuilla Road Palm Springs, CA 92264 Bob Weithorn Jane Smith 261 South Belardo Road 928 Avenida Palmas Palm Springs, CA 92264 Palm Springs, CA 92262 Bob Seale Christine Hammond John Hunter 280 Camino Sur 373 South Monte Vista Drive P.O. Box 2824 Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92263 Philip Tedesco Sharon Lock Frank Tysen 1303 West Primavera Drive 1517 Sagebrush Casa Cody Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs,175 South Springs, C la Road CA 92264 Bob Weithorn Jane Smith 261 South Belardo Road 928 Avenida Palmas Palm Springs, CA 92264 Palm Springs, CA 92262 A-k �� AVERY® Address Labels I-CPr 9960TM Ms. Emily Hemphill Selzer, Ealy, Hemphill & Blasell 777 E. Tahquitz Canyon Way Suite 328 Palm Springs, California 92262 Mr. James Cioffi James Cioffi Architect Ms. Emily Hemphill 2121 E. Tahquitz Canyon Way Selzer, Ealy, Hemphill & Blasell Suite 3 777 E. Tahquitz Canyon Way Palm Springs, California 92262 Suite 328 Palm Springs, California 92262 � Mr. James Cioffi James Cioffi Architect Ms. Emily Hemphill 2121 E. Tahquitz Canyon Way Selzer, Ealy, Hemphill & Blasell Suite 3 777 E. Tahquitz Canyon Way Palm Springs, California 92262 Suite 328 Palm Springs, California 92262 Mr. James Cioffi James Cioffi Architect 2121 E. Tahquitz Canyon Way Suite 3 Palm Springs, California 92262 Spartan Equity Mainiero, Smith & Associates Mr. Terrance Buckley 777 E. Tahquitz Canyon Way 27 S. Bruner Street Suite 301 Hinsdale, IL 60521 Palm Springs, California 92262 Spartan Equity Mainiero, Smith & Associates Mr. Terrance Buckley 777 E. Tahquitz Canyon Way 27 S. Bruner Street Suite 301 Hinsdale, IL 60521 Palm Springs, California 92262 Mainiero, Smith & Associates Spartan Equity Mr. Terrance Buckley 777 E. Tahquitz Canyon Way 27 S. Bruner Street Suite 301 Hinsdale, IL 60521 Palm Springs, California 92262 AFFIDAVIT OF MAILING NOTICES I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing before the City Council of the City of Palm Springs, in conjunction with Case No. 5.0678 and Tentative Tract Map 29987, 155 Hermosa Place, Villa Hermosa, to convert existing apartments into condominiums, was mailed to each and every person on the attached list on the 22nd day of Jime, 2001. A copy of said Notice is attached hereto. Said mailing was completed by placing a copy of said Notice in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 22"d day of June, 2001. PATRICIA A. SANDERS City Clerk y . NOTICE OF PUBLIC HEARING PALM SPRINGS CITY COUNCIL Case Nos. 5.0678, and Tentative Tract Map 29987 155 Hermosa Place Villa Hermosa NOTICE IS HEREBY GIVEN that the City Cowicil ofthe City ofPalm Springs,California,will hold a public heating at its meeting ofJuly 5,2001. The City Council meeting begins at 7:00 p.m.in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider an application for a Planned Development to allow for the conversion of existing apartments into condominiruns,and an application for a Tentative Tract Map for condommiurn purposes. The applicant is seeking to rehabilitate the existing 21 unit apartment complex and convert the units to condominium units. The property is known as Villa Hermosa and is located at 155 Hennosa Place, R-2 Zone with the Resort Overlay, Section 10. In accordance with Section 15301 of CEQA(Existing Facilities),the project is a categorical exemption. If any individual or group challenges the action in court,issues raised may be limited to only those issues raised at the public healing described in this notice or in written correspondence at or prior to the Planning Connnission hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case maybe directed to Hope V.Sullivan,Department ofPlanning and Building, 760/323-8245. PATRICIA A. SANDERS City Clerk Publish: June 24, 2001 Case 5,0678: Planned Development and Tentative Tract Map 29987 155 Hermosa Place: Villa Hermosa THOMAS BROS. MAP RIVERSIDE COUNTY 2001 EDITION ;I PAGE 756, D6 VISTA CHINO SR:VENS ROAR, � = O MEL AVE iI SS S a � W r ALEJO ROAD I Z z TACHEVAH DRIVE 3 HERMOSA SITE _ LACE Z EL ALAMEDA 0 Tb $ TAMARISK ROAD MERITO a PLACE Q ALEJO ROAD ti - - - - - I Ms. Emily Hemphill Selzer, Ealy, Hemphill & Blasell 777 E. Tahquitz Canyon Way Suite 328 Palm Springs, California 92262 Mainiero, Smith & Associates — - -- 777 E. Tahquitz Canyon Way Ms. Emily Hemphill - Suite 301 Selzer, Ealy, Hemphill & Blasell Palm Springs, California 92262 777 E. Tahquitz Canyon Way Suite 328 Palm Springs, California 92262 �Mainiero, Smith & Associates 777 E. Tahquitz Canyon Way Suite 301 Palm Springs, California 92262 Spartan Equity Mr. James Cioffi Mr. Terrance Buckley James Cioffi Architect 27 S. Bruner Street 2121 E. Tahquitz Canyon Way Hinsdale, IL 60521 Suite 3 Palm Springs, California 92262 Spartan Equity Mr. James Cioffi Mr. Terrance Buckley James Cioffi Architect 27 S. Bruner Street 12121 E. Tahquitz Canyon Way Hinsdale, IL 60521 Suite 3 Palm Springs, California 92262 Smooth Feed SheetsTM Use template for 51600 505-282-001 505-282-002 505-283-002 Elliott L & Judy Bernstein Robert C Gould Sherrod E Turner 275 W Mountain View P1 815 N Prescott Dr 860 N Prescott Dr Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 505-283-003 505-283-006 505-283-010 Stephen P Pougnet Glenn E Texeira Harold J Hicks 339 Saint Paul St 717 N La Cienega Blvd PO Box 427 Denver, CO 80206 West Hollywood, CA 90069 Palm Springs, CA 92263 505-283-011 505-283-012 505-283-013 Prescott S & Stephen Nichols Stanley K & Alan Clark Prescott S & Stephen Nichols 879 N Palm Canyon Dr 1200 E Paseo El Mirador 879 N Palm Canyon Dr Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 505-283-016 505-283-017 *** 41 Printed *** Wardens Rector Rec Wardens & Vestrymen Of P 125 W E1 Alameda 125 W E1 Alameda Palm Springs, CA 92262 Palm Springs, CA 92262 00 AVERY@ Address Labels Laser 5160@ Smooth Feed SheetsTM Use template for 51600 505-252-009 505-252-011 505-253-001 Seymour & Alyce Lazar Seymour M Lazar David & Janet Katz 334 W Hermosa P1 334 W Hermosa Pl 375 W Hermosa P1 Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 505-253-002 505-253-003 505-261-005 Barder Barder Villa De Las Palmas Apartmen 369 W Hermosa Pl PO Box 2569 197 W Via Lola Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 505-261-006 505-261-007 505-261-008 Ba Properties Inc David E Schroeder Paul A Sislin 333 S Beaudry Ave 1061 N Palm Canyon Dr PO Box 39817 Los Angeles, CA 90017 Palm Springs, CA 92262 Los Angeles, CA 90039 505-261-009 505-261-010 505-261-011 Paul A Sislin Joseph W Clayes Janet Brackey PO Box 39817 346 E Tamarsk St 190 W Hermosa Pl Los Angeles, CA 90039 Palm Springs, CA 92262 Palm Springs, CA 92262 505-261-012 505-261-013 505-261-014 David M & Linda Morrow Karen Delange Merton E & Louise Frazier 39300 Bob Hope Dr 264 W Hermosa P1 PO Box 433 Rancho Mirage, CA 92270 Palm Springs, CA 92262 Palm Springs, CA 92263 505-261-015 505-261-018 505-261-019 Las Palmas Prop Management Stephen H & Elizabeth Shagan Barbara L Howard 4766 Bryn Mawr Rd 285 W Via Lola 10230 W Sunset Blvd Los Angeles, CA 90027 Palm Springs, CA 92262 Los Angeles, CA 90077 505-261-020 505-262-001 505-262-004 Stephen H & Elizabeth Shagan Catherine T Ponder Terry D Hiestand 285 W Via Lola PO Box 8330 1010 Friar Ct Palm Springs, CA 92262 Palm Springs, CA 92263 Palm Springs, CA 92262 505-262-005 505-263-002 505-264-001 Victor J Harrigan Keith W Volk Michael A & Gefroh Castro 717 Brea Canyon Rd 175 W Hermosa Pl 68390 Durango Rd Walnut, CA 91789 Palm Springs, CA 92262 Cathedral City, CA 92234 505-264-002 505-274-002 505-274-003 Stephen C & Lawrence Nichols Jacqueline E Autry Jacqueline E Autry 879 N Palm Canyon Dr 328 W Mountain View P1 328 W Mountain View Pl Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 505-274-005 505-281-002 505-281-003 Donald T Knutson Caroline Hakim W H & Helen Hampton He 66 Box 607 885 N Prescott Dr 980 E Tahquitz Canyon Way Mountainair, NM 87036 Palm Springs, CA 92262 Palm Springs, CA 92262 IM AVERY® Address Labels Lacer 5160® Sp41 & \S G7 sAr1hg11 4d rig C'd`O s o 72 9� so 31 0 d ` 0, <�- 1 r<,� , ' d O ✓ Sl� 9 SOS 1-0 S O 1 A 9 'n'o1S06 �l`+nr qa �O resseq' G - _ _ Ao/ C A ee ttlAry�, oq 1 0 d� 9 d7iA]M dQ 40} �i r i r! r l l 5o5��oi 3a aC'j 9 ,, Wati RESOLUTION NO. 20100 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.0678-PD FOR A PLANNED DEVELOPMENT DISTRICT AND PRELIMINARY AND FINAL DEVELOPMENT PLAN FOR A 21-UNIT MULTIPLE FAMILY PROJECT AND APPROVING TENTATIVE TRACT MAP 29788 FOR THE SUBDIVISION FOR CONDOMINIUM PURPOSES OF PROPERTY LOCATED AT 155 HERMOSA PLACE, R-2 ZONE WITH RESORT OVERLAY, SECTION 10. WHEREAS,Spartan Villa Hermosa, LLC(the"Applicants")filed an application with the City pursuant to sections 9403.00AND 9402.00 ofthe Zoning Ordinance fora Planned Development District and Preliminary Development Plan and Final Development Plan fora 21-unit multiple family(proposed condominium) project and in accordance with Section 9.62 of the Municipal Code for a Tentative Tract Map for condominium purposes for the property located at 155 Hermosa Place, R-2 Zone with Resort Overlay, Section 10; and WHEREAS,the applicant has submitted application for approval of streetvacation in conjunction with these applications; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider an application for Case 5.0678, Planned Development District and the Tentative Tract Map 29788 was issued in accordance with applicable law; and WHEREAS, on June 20,2001,a public hearing on the application for Planned Development District 5.0678 and Tentative Tract Map 29788 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission 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, all written and oral testimony presented; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider an application for Case 5.0678, Planned Development District and the Tentative Tract Map 29788 was issued in accordance with applicable law; and WHEREAS, on July 5, 2001, a public hearing on the application for Planned Development District 5.0678 and Tentative Tract Map 29788 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, all written 144 Case 5.0678 PD and TTM 29987 July 5, 2001 Page 7 and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that this project is categorically exempt from California Environmental Quality Guidelines (CEQA Section 2: The City Council finds that the proposed street vacation is consistent with the General Plan of the City of Palm Springs. Section 3: Pursuant to Zoning Ordinance Section 9402.00, the City Council finds that: a. The use applied for at the location set forth in the application is properly one for which a Planned Development District is authorized by the City's zoning ordinance. Pursuantto the Zoning Ordinance, multiple familydwellings(including condominiums)are a permitted use within the R-2 zone. b. The said use is necessary or desirable for the development of the community, and is in harmonywith the various elements orobjectives of the General Plan, and is not detrimental to the existing or future uses specifically permitted in the zone in which the proposed use is to be located. The proposed project consists of an existing use that is proposed for subdivision into condominium ownership. The use is consistent with the objectives of the General Plan,and numerous improvements have been proposed in conjunction with the subject application(s) which will improve existing uses. The projectwill therefore not be detrimental to the existing or future uses permitted in the zone in which the use is located. C. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks,walls orfences, landscaping and otherfeatures required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The site is adequate in size and shape to accommodate the existing uses as well as certain proposed improvements, including new carports to serve the residential units. The existing use is compatible with existing and permitted future uses of land in the vicinity. d. 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. The proposed project is an existing use, and no increase in intensity is proposed. Existing streets are adequate to carry the type and quantity generated by the existing use. e. The conditions to be imposed are deemed necessaryto protect the public health,safety and general welfare, of the existing neighborhood in which this project is situated. 114 Z Case 5.0678 PD and TTM 29987 July 5, 2001 Page 8 The conditions imposed are necessaryto bring the project into compliancewith applicable zoning, building, and other regulations to protect the public health, safety, and general welfare of the existing neighborhood in which this project is located. Section 4. Pursuant to the State Subdivision Map Act, the City Council finds that: a. Each of the tenants of the proposed condominium project has received, pursuantto Section 66452.9, written notification of intent to convert at least 60 days prior to the filing of the tentative map. Each such tenant has received all applicable notices and rights required by the State, and each tenant has received 10 days written notification that an application for a pubic report will be, or has been submitted to the Department of Real Estate. The property which is the subject of this tentative tract map for condominium purposes has been vacant for a minimum of twenty four months, and there are no tenants requiring notification of this tentative tract map. b. Each of the tenants of the proposed condominium project has been, orwill be given written notification within 10 days of approval of a final map for the proposed conversion. The property which is the subject of this tentative tract map for condominium purposes has been vacant for a minimum of 24 months, and there are no tenants requiring notification of any final map. C. Each of the tenants of the proposed condominium project has been, orwill be give 180 days written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. The property which is the subject of this tentative tract map for condominium purposes has been vacant for a minimum of 24 months, and there are no tenants requiring notification of intention to convert prior to termination of tenancy. d. Each of the tenants of the proposed condominium has been, or will be given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The property which is the subject of this tentative tract map for condominium purposes has been vacant for a minimum of 24 months, and there are no tenants requiring notice of exclusive right to purchase. e. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The proposed Tentative Tract Map is consistentwith the goals and objectives of the Resort Comercial,General Plan designation. The project is an existing use;this tentative tract map Od 3 Case 5.0678 PD and TTM 29987 July 5, 2001 Page 9 will signify no more than a change in ownership type for the property. f. Thedesign orimprovementof theproposed subdivision is consistentwith applicable zoning requirements. The design and improvements of the proposed Tentative Tract Map are consistent with the Planned Development proposed for the property. This tentative tract map is for the conversion of existing apartments into condominiums;no newdwelling units are proposed. g The site is physically suited for this type of development. The site is level, and the dwelling units are existing. Therefore, the site is physically suited for this development. h. The site is physically suited for the proposed density of development. The site is physically suited for the existing number of units, and the density of the subdivision is consistent with zoning regulations for the R-2 zone. i. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The apartment complex which is the subject of this tentative tract map is existing, and the project will therefore have no impact on fish, wildlife, or their habitats. j. The design of the subdivision or type of improvements will not conflict with easements, acquired bythe public at large,foraccess through or use of the propertywithin the proposed subdivision. The design of the subdivision is existing. A street vacation is proposed in conjunction with this project;with the street vacation, proposed improvements on the site will not conflict with easements for access through or use of the property within the proposed subdivision. Case 5.0678 PD and TTM 29987 July 5, 2001 Page 10 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Case 5.0678-Planned Development District and of Tentative Tract Map 29987 subject to those conditions set forth in the attached Exhibit A,which are to be satisfied priorto the approval of a final map for the subject property. ADOPTED this _ day of , 2001 AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Mayor City Clerk REVIEWED AND APPROVED BY: !, � ac �