HomeMy WebLinkAbout23962 RESOLUTION NO. 23962
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING A
TENTATIVE PARCEL MAP (TPM) TO SUBDIVIDE A 0.46-
ACRE PARCEL INTO TWO LOTS AND ADOPTING A
CLASS 32 (iNF{LL) CATEGORICAL EXEMPTION UNDER
CEQA FOR PROPERTY LOCATED AT 2732 NORTH
CARDILLO ROAD (ZONE R-1-C / RGA-6) (CASE TPM
36958).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS
AND DETERMINES AS FOLLOWS:
A. On June 20, 2015, the applicant submitted applications pursuant to Palm Springs
Zoning Code (PSZC) Section 94.06 (variance), and Section 66474 of the State of
California Subdivision Map Act (California Government Code § 66410 et seq.) for a
two-lot parcel map and a variance.
B. A notice of a public hearing of the Planning Commission was given in
accordance with applicable law.
C. On October 28, 2015, the Planning Commission held a public hearing in
accordance with applicable law to consider the proposed parcel map and variance.
D. 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 7-0 to approve a
variance allowing lot sizes within the proposed parcel map smaller than the minimum
required by the underlying zone and approving Tentative Parcel Map TPM 36958.
E. A notice of a public hearing of the City Council was given in accordance with
applicable law.
F. On February 3, 2016, the City Council held a public hearing in accordance with
applicable law to consider the proposed parcel map and variance.
G. The proposed development is considered a "project' pursuant to the guidelines of
the California Environmental Quality Act ("CEQA"). The City has evaluated the proposal
and determined the project to be exempt from further review under CEQA pursuant to
Section 15332 of the CEQA Guidelines (infill development).
H. The City Council 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.
Resolution No. 23962
Page 2
I. The City Council evaluated the proposed tentative parcel map against the
findings of the Subdivision Map Act Section 66474, which states that a legislative body
of a city or county shall deny approval of a tentative map or a parcel map for which a
tentative map was not required if it cannot make affirmative findings on all of the
following. The City Council finds as follows:
a. The proposed Tentative Parcel Map is consistent with all applicable
general and specific plans.
The proposed map establishes two parcels of roughly 10,000 square feet. The
General Plan land use designation for this area is VLDM (Very Low Density
Residential; 4du/ac). The size of the lots is consistent with the maximum
allowable densities of the General Plan. There are no specific plans for this area.
Thus the map is consistent with this finding-
b. The design and improvements of the proposed Tentative Parcel Map
are consistent with the zone in which the property is located.
The parcel has split zoning; R-1-C on the western half and RGA-6 on the eastern
half. The subject parcel was originally comprised of two lots in the original tract
map approved by the County of Riverside in 1937. The proposed parcel map re-
establishes the same lot size and configuration as the original 1937 tract map for
this area. The R-1-C zone requires minimum lot size of 10,000 square feet and
the RGA-6 zone requires minimum lot size of two (2) acres. On October 28,
2015 by Resolution 6535, the Planning Commission approved a variance
application approving lots consistent with the original 1937 map, but smaller in
size that the minimum allowable for the respective zone in which each lot is
located. The western parcel (parcel 1) is 9,995 square feet and the eastern
parcel (parcel 2) is proposed at 9,996 square feet. With the Planning
Commission's approval of the variance, the proposed map can be deemed
consistent with the zone.
c. The site is physically suited for this type of development.
The Palm Springs Village Tract #2, approved in 1937, of which the subject site is
a part, created lots of the same dimension and area as proposed in this parcel
map. It is consistent with the other lots in this tract, and with other lots within the
block bounded by Cardillo, Junipero, San Marco and Cabrillo roads within which
the project is located. The site is physically suited for this type of development
and the finding has been met.
d. The site is physically suited for the proposed density of development.
The proposed map creates two lots of roughly 10,000 square feet each, which is
Resolution No. 23962
Page 3
consistent with the R-1-C zone. The applicant desires to construct a single family
house on each parcel. Single family residences are permitted in the RGA-6 zone
subject to the R-1-C standards. The site is therefore suitable for the proposed
density of development.
e. The design of the subdivision is not likely to cause environmental damage
or substantially and avoidably injure fish, wildlife, or their habitats.
The project is in a fully developed area of the City and is not near or adjacent to any
designated conservation areas or sensitive habitat. The project has been reviewed
under the California Environmental Quality Act, and in accordance with Section
15332 (infill development) of the CEQA Guidelines, is deemed exempt from
CEQA. The land on which the project is located has been previously graded and
structures exist on both proposed parcels. The project will therefore not cause
environmental damage or injure fish, wildlife or their habitats.
f. The design of the subdivision or type of improvements is not likely to
cause serious public health problems.
The design of the proposed subdivision is in an area with available connections to
all public utilities including potable water and sanitary sewer thus there are no
known health problems that would be caused by the proposed map.
g. The design of the subdivision or type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of the
property within the proposed subdivision.
There is a ten foot wide public utility easement that runs the length of the block,
parallel with the rear property line (a five foot PUE on the easterly lots and a five
foot PUE on the westerly lots). This easement is quite typical throughout much of
Palm Springs and provides access for electric, cable and data carriers to access
their overhead lines that run along this easement. The easement will not impact
the proposed parcels.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
HEREBY RESOLVE:
Based upon the foregoing, the City Council hereby approves Case TPM 36958; a
tentative parcel map for the subdivision of a 0.46-acre parcel into two lots located at
2732 North Cardillo Avenue, subject to conditions as outlined in Exhibit "A" attached
hereto.
Resolution No. 23962
Page 4
ADOPTED THIS 3RD DAY OF FEBRUARY, 2016.
David H. Ready, City�A a r
ATTEST:
mes Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 23962 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 3'd day of February, 2016,
by the following vote:
AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts,
Mayor Pro Tern Mills, and Mayor Moon.
NOES: None.
ABSENT: None.
ABSTAIN: None.
es Thompson, City Clerk
City of Palm Springs, California
/t�l f Zol fi
RESOLUTION NO, 23962
EXHIBIT A
Case TPM 36958
A Two-lot Tentative Parcel Map
2732 North Cardillo Avenue
February 3, 2016
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
36958 except as modified with the conditions below;
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped July 20, 2015.
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 Parcel Map 36958 located at
2732 North Cardillo Avenue, date stamped July 20, 2015 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
Case TPM 3695816,545 VAR—Two-lot parcel map &Variance Page 2 of 7
2732 N. Cardillo Avenue
Conditions of Approval
Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case TPM 36958. 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 granted by the Planning Commission upon
demonstration of good cause.
Extensions of time may be approved pursuant to Code Section 9.63.110.
Such extension shall be required in writing and received prior to the expiration
of the original approval.
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. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP)
Local Development Mitigation Fee (LDMF) NOT required.
Case TPM 36958/6.545 VAR—Two-lot parcel map & Variance Page 3 of 7
2732 N. Cardillo Avenue
Conditions of Approval
ENV 2. Cultural Resource Survey Required. Prior to any ground disturbing activity,
including clearing and grubbing, installation of utilities, and/or any
construction related excavation, an Archaeologist qualified according to the
Secretary of the Interior's Standards and Guidelines, shall be employed to
survey the area for the presence of cultural resources identifiable on the
ground surface.
ENV 3, Cultural Resource Site Monitoring. There is a possibility of buried cultural or
Native American tribal resources on the site. A Native American Monitor shall
be present during all ground-disturbing activities. (check for duplication in
engineering conditions)
ENV 4. a). A Native American Monitor(s) shall be present during all ground disturbing
activities including clearing and grubbing, excavation, burial of utilities,
planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla
Indian Cultural Office for additional information on the use and availability of
Cultural Resource Monitors. Should buried cultural deposits be encountered,
the Monitor shall contact the Director of Planning. After consultation the
Director shall have the authority to halt destructive construction and shall
notify a Qualified Archaeologist to further investigate the site. If necessary,
the Qualified Archaeologist shall prepare a treatment plan for submission to
the State Historic Preservation Officer and Agua Caliente Cultural Resource
Coordinator for approval.
b). Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record
search results and site records/updates shall be forwarded to the Tribal
Planning, Building, and Engineering Department and one copy to the City
Planning Department prior to final inspection.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Prior to recordation of the final subdivision map, the developer shall submit for
review and approval the following documents to the Planning Department
which shall demonstrate that the project will be developed and maintained in
accordance with the intent and purpose of the approved tentative map:
a. The document to convey title.
b. Deed restrictions, easements, covenant conditions and restrictions that
are to be recorded.
c. The approved documents shall be recorded at the same time that the
subdivision map is recorded. The documents shall contain provisions for
joint access to the proposed parcels and open space restrictions. The
approved documents shall contain a provision which provides that they
Case TPM 36958/6.545 VAR—Two-lot parcel map &Variance Page 4 of 7
2732 N. Cardillo Avenue
Conditions of Approval
may not be terminated or substantially amended without the consent of
the City and the developer's successor-in-interest.
PLN 2. Update of City's Zoning Map. Upon approval of the proposed Change of
Zone, Tract Map and/or Planned Development District, the applicant shall be
responsible for costs associated with update of the City's GIS based zoning
maps.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
The Engineering Division recommends that if this application is approved, such
approval is subject to the following conditions being completed in compliance with
City standards and ordinances.
Before final acceptance of the project, all conditions listed below shall be completed
to the satisfaction of the City Engineer.
STREETS
Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
Submit street improvement plans prepared by a registered California civil engineer
to the Engineering Division. The plan(s) shall be approved by the City Engineer prior
to issuance of any building permits.
CARDILLO ROAD
ENG 1. Construct 6 inch curb and gutter, 18 feet east of centerline along the
entire frontage, in accordance with City of Palm Springs Standard
Drawing No, 200.
ENG 2. Construct a driveway approach in accordance with City of Palm
Springs Standard Drawing No. 201.
ENG 3. Construct a 5 feet wide sidewalk behind the curb along the entire
frontage in accordance with City of Palm Springs Standard Drawing
No. 210.
ENG 4. Construct pavement with a minimum pavement section of 2 '% inches
asphalt concrete pavement over 4 inches crushed miscellaneous base
with a minimum subgrade of 24 inches at 95% relative compaction, or
Case TPM 36958/6.545 VAR —Two-lot parcel map &Variance Page 5 of 7
2732 N. Cardillo Avenue
Conditions of Approval
equal, from edge of proposed gutter to clean sawcut edge of pavement
along the entire Cardillo Road frontage in accordance with City of Palm
Springs Standard Drawing No. 110. (Additional pavement removal and
replacement may be 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 or along transitions to existing pavement)
If an aiternative 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 5. All broken or off grade street improvements along the project frontage
shall be repaired or replaced.
JUNIPERO AVENUE
ENG 6. Construct 6 inch curb and gutter, 18 feet east of centerline along the
entire frontage, in accordance with City of Palm Springs Standard
Drawing No. 200.
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.
ENG 8. Construct pavement with a minimum pavement section of 2 '/2 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
along the entire Junipero Avenue frontage in accordance with City of
Palm Springs Standard Drawing No. 110. (Additional pavement
removal and replacement may be 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 or along transitions to
existing pavement) 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 9. All broken or off grade street improvements along the project frontage
shall be repaired or replaced.
SANITARY SEWER
ENG 10. All sanitary facilities shall be connected to the public sewer system.
The existing sewer services to the property shall be used for new
sanitary facilities. New laterals shall not be connected at manholes.
Case TPM 36958/6.545 VAR—Two-lot parcel map&Variance Page 6 of 7
2732 N. Cardillo Avenue
Conditions of Approval
MAP
ENG 11. 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 prior to issuance of building
permits.
ENG 12. 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 Parcels 1 and 2 of
Tentative Parcel Map No. 36958, but shall be completed prior to
issuance of a building permit on the parcels.
ENG 13. Upon approval of a final parcel map, the final 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 14. A minimum of 48 inches of clearance for accessibility shall be provided
on public sidewalks or pedestrian paths of travel within the
development.
ENG 15. All damaged, destroyed, or modified pavement legends, traffic control
devices, signing, striping, and street lights, associated with the
Case TPM 36958/6.545 VAR—Two-lot parcel map &Variance Page 7 of 7
2732 N. Cardillo Avenue
Conditions of Approval
proposed development shall be replaced as required by the City
Engineer prior to issuance of a Certificate of Occupancy.
ENG 16. 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 barrcading mall 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
(none)
END OF CONDITIONS