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HomeMy WebLinkAbout24363 RESOLUTION NO. 24363 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING TENTATIVE PARCEL MAP 37376 TO SUBDIVIDE 2.67 ACRES INTO FOUR PARCELS FOR THE EXISTING COMMERCIAL DEVELOPMENT LOCATED AT 450, 462, 490 SOUTH PALM CANYON DRIVE AND 471 SOUTH INDIAN CANYON DRIVE (CASE TTM 37376). THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. JR Havendale, LLC ("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 37376 (Case TPM 37376) proposing a subdivision of 2.67-acres into four parcels for finance purposes of an existing commercial development located at 450, 462, 490 South Palm Canyon Drive and 471 South Indian Canyon Drive. This application, Case TPM 37376 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 January 10, 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 6-0 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 January 24, 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 ("CEQA"), 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 commercial 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 Resolution No.24363 Page 6. The parcel does not have an average slope greater than 20 percent. 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 development is consistent with the goals and objectives of the General Plan, including the CBD land use designation and circulation plan for commercial development. The four existing buildings occupy each proposed parcel and comply with the CBD Floor Area Ratio maximum of 1.0 for commercial development. 2. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. The project design is consistent with the Central Business District (CBD) Zone. Each parcel exceeds the minimum 9,600-square feet area, 75' width and 128' depth. There are no improvements proposed. 3. The site is physically suited for this type of development. The site is fully developed with four commercial buildings, off-street parking and landscape open space. There are no changes proposed to the development and the surrounding street network is adequately improved for the existing intensity on-site. 4. The site is physically suited for the proposed density of development. No residential density is proposed as a part of this project. The site is physically suited for the intensity of the existing commercial development. 5. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The proposed parcel map will create four parcels for an existing, fully-developed commercial 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. 6. The design of the subdivision or type of improvements is not likely to cause serious public health problems. Resolution No. 24363 Page The parcel map will create four parcels for an existing commercial development that is connected to sewer and other public utilities. 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. Existing public sidewalks along streets will be accessible via public easement dedications. 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 recommends the City Council approve Tentative Parcel Map 37676, for the subdivision of 2.67-acres into four parcels at the northeast corner of South Palm Canyon Drive and Ramon Road, subject to the conditions of approval attached herein as Exhibit A. ADOPTED THIS 247H DAY OF JANUARY, 2018. David H. Ready, Esq., P . City Manager ATTEST: Ant6ony ia, M City Clerk Resolution No. 24363 Page 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. 24363 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 24th day of January, 2018, by the following vote: AYES: Councilmembers Holstege, Kors, Mayor Pro Tern Roberts, and Mayor Moon NOES: None ABSENT: Councilmember Middleton ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ZS}"` day of Anthony J. M City Clerk I' II EXHIBIT A Case TPM 37376 A Four-lot Tentative Parcel Map Northeast corner of South Palm Canyon Drive and East Ramon Road January 24, 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 37376, except as modified with the conditions below. ADM 2. Reference Documents. The final map shall be consistent with the approved plan, date stamped September 26, 2017. 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 37376, which is a four lot tentative parcel map for 2.67-acres of developed commercial land located east of South Palm Canyon Drive, north East Ramon Road and west of South Indian Canyon Drive. 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 TPM 37376. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City Resolution No. 24363 COA Page 2 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 Councils 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. 24363 COA Page 3 PLANNING DEPARTMENT CONDITIONS PLN 1. Development Permits. Grading and other development permits are not authorized under this approval. Such requests shall be submitted to the Planning Department for separate review and action. PLN 2. CC&R's. Prior to recordation of a final Tentative Parcel Map, the applicant shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning for approval in a format to be approved by the City Attorney. The draft CC&R package shall include: a. The document to convey title b. Deed restrictions, easements, of Covenant Conditions and Restrictions to be recorded. c. Provisions for joint access to the proposed parcels, and any open space restrictions. d. A provision, which provides that the CC&R's may not be terminated or substantially amended without the consent of the City and the applicant's successor-i n-interest. Approved CC&R's are to be recorded following approval of the final map. The CC&R's may be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances. PLN 3. CC&R's Deposits & Fees. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3,822, for the review of the CC&R's by the City Attorney. A $1,223 filing fee shall also be paid to the City Planning Department for administrative review purposes. PLN 4. (add any additional conditions imposed by the Planning Commission or City Council here) BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on-site, all appropriate permits must be secured. ENGINEERING DEPARTMENT CONDITIONS: APPLICATION FOR APPROVAL OF A PARCEL MAP FOR COMMERCIAL PURPOSES LOCATED AT 450, 462, 490 SOUTH PALM CANYON DRIVE AND 471 S. INDIAN CANYON DRIVE, (APN 513-214-004, 005, 010 & 011), SECTION 15, TOWNSHIP 4 S, RANGE 4 E, S.B.M., CASE NO. TPM 37376, ENG. FILE NO. TPM 37376. Resolution No. 24363 COA Page 4 STREETS ENG 1. 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 2. 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. ENG 3. Upon a finding by the City Council, in accordance with General Plan Policy CR 1.4, modification of cross-section standards for a 100 feet wide major thoroughfare for Ramon Road and Indian Canyon Drive adjacent to the property may be approved, with the cross-section standard for Ramon Road modified to a special street section maintaining the existing variable right-of-way along the project frontage; and with the cross-section standard for Indian Canyon Drive modified to a 95 feet wide major thoroughfare along the project frontage. 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 SOUTH PALM CANYON DRIVE ENG 4. Remove the existing driveway approaches and replace with new driveway approaches in accordance with City of Palm Springs Standard Drawing No. 201. "Deferred' ENG 5. Dedicate an easement, as appropriate along the back of the driveway approach for sidewalk purposes ENG 6. All broken, off-grade street improvements, and ADA non-compliant improvements along the project frontage shall be repaired or replaced. "Deferred' Resolution No. 24363 COA Page 5 INDIAN CANYON DRIVE ENG 7. Remove the existing driveway approaches and replace with new driveway approaches in accordance with City of Palm Springs Standard Drawing No. 201. "Deferred' ENG 8. Dedicate an easement, as appropriate along the back of the driveway approach for sidewalk purposes ENG 9. All broken, off-grade street improvements, and ADA non-compliant improvements along the project frontage shall be repaired or replaced. "Deferred' RAMON ROAD ENG 10. Dedicate an easement, as appropriate, for sidewalk purposes along the entire frontage. ENG 11. Remove existing sidewalk and construct a new sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. "Deferred' ENG 12. Remove the existing driveway approach and replace with new driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. "Deferred' ENG 13. Dedicate an easement, as appropriate along the back of the driveway approach for sidewalk purposes. ENG 14. All broken, off-grade street improvements, and ADA non-compliant improvements along the project frontage shall be repaired or replaced. "Deferred' GENERAL ENG 15. Nothing shall be constructed or planted in the corner cut-off area of any intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. ENG 16. 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 in accordance with City of Palm Springs Standard Drawing No. 904. Resolution No. 24363 COA Page 6 MAP ENG 17. In accordance with Government Code 66426 (c), an application for a Tentative Parcel Map shall be submitted to the Planning Department if the subject property is proposed to be subdivided for purposes of sale, lease, or financing of commercial parcels. ENG 18. A Parcel Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Parcel Map to the Engineering Division as part of the review of the Map. The Parcel Map shall be approved by the City Council. TRAFFIC ENG 19. A minimum of 48 inches of clearance for accessibility shall be provided on public sidewalks. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement if necessary and widening of the sidewalk, or by the relocation of any j obstructions within the public sidewalk along the frontage of the subject property. END OF CONDITIONS