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HomeMy WebLinkAbout24539 RESOLUTION NO. 24539 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP APPLICATION, TPM 37570, SUBMITTED BY JENNIFER GAGNER AND SEAN MAGUIRE TO SUBDIVIDE A 1.25-ACRE PROPERTY INTO TWO PARCELS LOCATED AT 2584 ANZA TRAIL. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Jennifer Gagner and Sean Maguire ("Applicant") filed an application with the City pursuant to Chapter 9.62 of the City's Municipal Code (Maps), and Section 66474 of the State of California Government Code, for Tentative Parcel Map 37570 (TPM 37570) proposing a subdivision of 1 .25-acres into two parcels for residential homes located at 2584 Anza Trail, Zone R-1-13, Section 25. This application, Case TPM 37570, is referenced as the "Project" in this Resolution. B. A notice of a public hearing of the Planning Commission of the City of Palm Springs, California to consider the Project was given in accordance with applicable law, and on November 14, 2018, the Planning Commission 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 and voted 4-1 to recommend approval to City Council of the Project. C. A notice of public hearing of the City Council of the City of Palm Springs to consider the Project was given in accordance with applicable law. D. On December 19, 2018, a public hearing on the Project was held by the City Council in accordance with applicable law. E. The Project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEO ), and it was determined that the project is Categorically Exempt from further analysis pursuant to Section 15315 of the CEQA Guidelines as a Minor Land Division. The project meets the following criteria which justify the determination as a Categorical Exemption under Section 15315: 1. A division of property in an urbanized area zoned for residential use; 2. There are four or fewer parcels when the division is in conformance with the General Plan and zoning; 3. No variances or exceptions are required; 4. All services and access to the proposed parcels to local standards are available; 5. The parcel was not involved in a division of a larger parcel within the previous two years; and 6. The parcel does not have an average slope greater than 20 percent. Resolution No. 24539 Page 2 F. 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. G. Pursuant to Municipal Code Chapter 9.64 (Maps) and the State of California Subdivision Map Act Section 66474, the City Council finds as follows: 1. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The proposed Tentative Map is consistent with the goals and objectives of the General Plan, including the VLDR land use designation and Circulation Olan for residential development. The lot split will provide density comparable with the VLDR designation, and a ten foot dedication of land will be provided along Anza Trail to ensure adequate width is provided based on the requirements of the Circulation Element. 2. The design and improvements of the proposed Tentative Map are consistent with the zone in which the property is located. The project design is consistent with the R-1-B Zone. Each parcel exceeds the minimum 15,000-square feet area and 120' width and depth requirements. The improvements to streets and driveways will ensure adequate access is provided to the properties. 3. The site is physically suited for this type of development. The site is largely undeveloped land and slopes slightly (approximately 2%) from a high point at the southwest corner of the property to the northeast corner. The development of a single-family residence and related improvements will be consistent with other property in the surrounding. 4. The site is physically suited for the proposed density of development. With both of the proposed parcels exceeding a half acre, the site is physically suited for the development of two single-family homes, and will be consistent with residential development in the surrounding area. Both proposed parcels have access to an improved public road. 5. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The subject property is not located within a flood zone and is not considered to be an environmentally sensitive site. There is no evidence of existing fish, wildlife or their habitat within the project boundaries. Thus, there is no possibility that the subdivision could cause environmental damage these species or their habitat. Resolution No. 24539 Page 3 6. The design of the subdivision or type of improvements is not likely to cause serious public health problems. Sanitary sewer service is available in this area and connection from each parcel is required. Water service is available subject to the terms, limitations and restrictions set forth by the local water agency (Desert Water Agency). Solid waste generated by uses is collected by Palm Springs Disposal Services. There are no hazardous material businesses and uses proposed. Therefore, no serious public health problems are anticipated. 7. 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. The site does not have any trails or other public access easements that would be impacted by the design of the subdivision. Any utility easements can be accommodated within the project design. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES: That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. Based upon the foregoing, the City Council hereby approves Tentative Parcel Map 37570, for the subdivision of 1.25-acres into two parcels at 2584 Anza Trail, subject to the conditions of approval attached herein as Exhibit A. ADOPTED THIS 19T" DAY OF DECEMBER, 2018. David H. Ready, Esq., P . City Manager ATTEST: thony J. M City Clerk Resolution No. 24539 Page 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No.24539 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 191h day of December, 2018, by the following vote: AYES: Councilmembers Holstege, Middleton, Roberts, Mayor Pro Tern Kors, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this day of a o r A -7 ony J. eji , City Clerk Resolution No. 24539 Page 5 EXHIBIT A Case TPM 37570 A two-lot Tentative Parcel Map 2584 Anza Trail December 19, 2018 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Director of Building and Safety, 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. ADMINISTRATIVE CONDITIONS ADM 1. Project Description. This approval is for the project described per Case TPM 37570, except as modified with the conditions below. ADM 2. Reference Documents. The final map shall be consistent with the approved plan, date stamped received June 28, 2018. ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 5. Tentative Map. This approval is for Tentative Tract Map 37570, which is a two lot tentative parcel map for 1.25-acres of partially developed land located on the north side of Anza Trail. This approval is subject to all applicable regulations of the Subdivision Map Act, the Palm Springs Municipal Code, and any other applicable City Codes, ordinances and resolutions. ADM 6. Indemnification. 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 a Resolution No. 24539 Page 6 TPM 37570. 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. ADM 7. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, 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. ADM 8. Time Limit on Approval. Approval of the Tentative Parcel Map (TPM) shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time may be approved pursuant to Code Section 9.63.110 of the Palm Springs Municipal Code. Extension requests shall be filed in writing and submitted at least 60-days before the expiration. ADM 9. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. Notice of Exemption. The project is exempt from the California Environmental Quality Act (CEQA); therefore, an administrative fee of $50 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk within two business days of the City Council's final action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Exemption. Action on this application shall not be considered final until such fee is paid. Resolution No. 24539 Page 7 PLANNING DEPARTMENT CONDITIONS PLN 1. Development Permits. Grading and other development permits are not authorized under this approval. Such requests shall be submitted for separate review and decision. PLN 2. Existing Structures. The applicant shall remove all structures from the twenty- four foot easement prior to the issuance of permit to construct a home on Parcel 2. PLN 3. Comply with Zoning. All structures proposed on the property shall comply with development standards of the R-1-B zone. PLN 4. 11/14/2018 Planning Commission. a. Applicant may defer to covenant the curb, gutter, sidewalk and half-street expansion improvements that are specified in Engineering Conditions 4, 6 and 7 below. b. The on-site access driveway on the east side of Parcel 1 shall be improved to a 20-feet width prior to issuance of building permit on Parcel 2. A four foot wide landscape buffer shall be provided on the east side of the driveway. BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on-site, all appropriate permits must be secured. ENGINEERING DEPARTMENT CONDITIONS: APPLICATION FOR TENTATATIVE PARCEL MAP 37570 LOCATED 2584 ANZA TRAIL, (APN 510-130-026), SECTION 25, TOWNSHIP 4 S, RANGE 4 E, S.B.M. The Engineering Services Department 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. All Grading Plans, Improvement Plans, Required Studies and Documents listed below, must be submitted to Engineering Services Department for review and approval. Resolution No. 24539 Page 8 STREETS ENG 1. The Engineering Services Department recommends deferral of off-site improvement items (identified as "Deferred') at this time due to lack of full improvements in the immediate area. The owner shall execute a street improvement covenant agreeing to construct all required street improvements upon the 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(s) prior to approval of the Grading Plan or issuance of grading or building permits. 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 in effect at the time that the covenant is submitted shall be paid by the applicant prior to issuance of any grading or building permits. ENG 2. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. All improvements are subject to inspection and a 24 to 48 hour inspection notification is required. ENG 3. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Services Department. The plan(s) shall be approved by the City Engineer prior to issuance of any building permits. "Deferred' ANZA TRAIL ENG 4. Dedicate an additional 10 feet to provide the ultimate half street right-of-way width of 25 feet along the entire frontage. ENG 5. Construct a 6 inch curb and gutter, 18 feet north of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. "Deferred' ENG 6. Construct a 10 feet wide driveway approach for Parcel 1, in accordance with City of Palm Springs Standard Drawing No. 201. ENG 7. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. "Deferred' ENG 8. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement at centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement may be Resolution No. 24539 Page 9 required upon review of existing pavement cross-sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) 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. "Deferred' ENG 9. Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards. ENG 10, All broken or off grade street improvements along the project frontage shall be repaired or replaced. ON-SITE ENG 11 . Construct a 20' wide drive isle with a 4'feet wide landscape buffer along the east side and hammerhead turn around for emergency vehicles, utilities and reciprocal access as indicated on the Approved Tentative Parcel Map 37570, Construct a minimum pavement section of 2-1/2 inches asphalt over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, within all on-site private streets in accordance with City of Palm Springs Standard Drawing No. 110 and 106A. 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. ENG 12. Parking shall be restricted along both sides of the 20 feet wide drive isle. Maintaining No Parking restrictions shall be included in Covenants, Conditions and Restrictions for the development. SANITARY SEWER ENG 13. All existing and future sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. ENG 14. If an on-site private sewer system is proposed to collect sewage from the development and connect to the existing public sewer system, sewer plans shall be submitted to the Engineering Services Department for review and approval. Private on-site sewer mains for residential projects shall conform to City sewer design standards, including construction of 8 inch V.C.P. sewer main and standard sewer manholes. Sewer manhole covers shall be identified as "Private Sewer". A profile view of the on-site private sewer mains is not necessary if sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Plans for sewers other than the private on-site sewer mains, i.e. building sewers and laterals from Resolution No. 24539 Page 10 the buildings to the on-site private sewer mains, are subject to separate review and approval by the Building Division. GENERAL ENG 15. 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. ENG 16. All proposed utility lines shall be installed underground. ENG 17. 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 in effect at the time that the covenant is submitted shall be paid by the applicant prior to issuance of any grading or building permits. MAP ENG 18. A Parcel Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Services Department 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 Services Department as part of the review of the Map. The Parcel Map shall be approved by the City Council prior to issuance of building permits. ENG 19. In accordance with Government Code 66411.1 (a), all required public improvements shall be listed in an Improvement Certificate on the Parcel Map and clearly noted that the required public improvements will be the minimum development requirements for Parcel 2 of Tentative Parcel Map No. 37570, but shall be completed prior to issuance of a building permit on the parcel, unless otherwise deferred by Covenant. ENG 20. The applicant shall provide a 20 feet wide reciprocal access easement with a hammerhead turn around area located on Parcel 2 (Easement shall be for: access, emergency vehicles and personnel and utilities) for Parcels 1 and 2 of the Tentative Parcel Map No. 37570. Resolution No. 24539 Page 11 ENG 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 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, 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. TRAFFIC ENG 22. Construction signing, lighting and barricading shall be provided during all phases of construction 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 Part 6 `Temporary Traffic Control' of the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction. FIRE DEPARTMENT CONDITIONS FID 1 These Fire Department conditions may not provide all requirements. Owner/developer is responsible for all applicable state and locally adopted fire & building codes. Detailed plans are still required for review. Conditions are subject to final plan check and review. Initial fire department conditions have been determined from the plans stamped received June 28, 2018. Additional requirements may be required at that time based on revisions to site and /or architectural plans. FID 2 Fire Department Conditions were based on the 2016 Califomia Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix "O" Development Requirements and latest adopted NFPA Standards. Three (3) complete sets of plans for private fire service mains, fire alarm, or fire sprinkler systems must be submitted at time of the building plan submittal. No deferred submittals accepted. Resolution No. 24539 Page 12 FID 3 PLANS AND PERMITS Complete plans for private fire service mains or fire sprinkler systems should be submitted for approval well in advance of installation. Plan reviews can take up to 20 working days. Submit a minimum of three (3) sets of drawings for review. Upon approval, the Fire Prevention Bureau will retain one set. Plans shall be submitted to: City of Palm Springs Building and Safety Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Counter Hours: 8:00 AM — 6:00 PM, Monday—Thursday A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. Inspection fees are charged at the fully burdened hourly rate of the fire inspector. These fees are established by Resolution of the Palm Springs City Council. Complete listings and manufacturer's technical data sheets for all system materials shall be included with plan submittals. All system materials shall be UL listed or FM approved for fire protection service and approved by the Fire Prevention Bureau prior to installation. Plans shall include all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and supporting data, (calculations and manufacturers technical data sheets) including fire flow data, shall be submitted with each plan submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans. FID 4 Conditions of Approval —"Conditions of Approval" received from the Palm Springs Planning Department must be submitted with each plan set. Failure to submit will result in a delay of plan approval. FID 5 Buildings and Facilities (CFC 503.1.1): Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Fire apparatus access roads shall have an unobstructed width of not less Resolution No. 24539 Page 13 than 24 feet except for approved security gates in accordance with Section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches. Project Note: Parcel #1 — 24' access easement shall be unobstructed. Existing structures and walls shall be removed from easement. FID 6 Surface (CFC 503.2.3): Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus (73,000 lbs. GVW) and shall be surfaced so as to provide all-weather driving capabilities. FID 7 Operational Fire Hydrant(s) (CFC 507.1): An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into orwithin the jurisdiction. Operational fire hydrant(s) shall be installed within 250 feet of all combustible construction. They shall be installed and made serviceable prior to and during construction. No landscape planting, walls, or fencing is permitted within 3 feet of fire hydrants, except ground cover plantings. END OF CONDITIONS