HomeMy WebLinkAbout23635 RESOLUTION NO. 23635
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA APPROVING TENTATIVE
PARCEL MAP 36706 TO SUBDIVIDE EXISTING LOT 10
AND LOT LINE ADJUSTMENT FOR LOT 11 TO CREATE
FOUR SINGLE-FAMILY LOTS AND AN ADMINISTRATIVE
MINOR MODIFICATION TO REDUCE FRONT LOT LINE
DIMENSIONS IN LAS PALMAS ESTATES SUBDIVISION
LOCATED AT 555 NORTH VIA MONTE VISTA (ZONE R-1-
B) SECTION 10.
WHEREAS, Tripalmsview Properties LLC, ("the applicant") has 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 Subdivision Map Act, for a Tentative Parcel Map
proposing to subdivide an existing lot and lot line adjustment to create four single-family
residential lots; and
WHEREAS, a notice of public hearing for Case TPM 36706 was given in accordance
with applicable law; and
WHEREAS, on June 11, 2014, a public meeting on Case TPM 36706 was held by the
Planning Commission in accordance with applicable law; and
WHEREAS, at said meeting 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 recommend approval of the Tentative Parcel Map by
Resolution, subject to Conditions of Approval; and
WHEREAS, City has evaluated the project pursuant to the guidelines of the California
Environmental Quality Act (CEQA) and determined that the project is Categorically
Exempt from further analysis pursuant to Section 15315 of the CEQA guidelines (Minor
Land Divisions); and
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to
consider TPM 36693 was given 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, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1: Pursuant to the California Environmental Quality Act (CEQA) Guidelines,
the Planning Commission recommends that the City Council adopt a
Class 15 Categorical Exemption (Minor Land Division) for the proposed
parcel map.
City Council Resolution No. 23635
Page 2
Section 2: Pursuant to Municipal Code Chapter 9.64 (Maps) and the State of
California Subdivision Map Act Section 66474, the Planning Commission
finds as follows:
a. That the proposed Tentative Parcel Map is consistent with all applicable
general and specific plans.
The TPM proposes a lot line adjustment for of Lots #11 to #14 and subdividing existing
Lots #10 and #11 creating Parcels #1 to #4. The proposed sizes for all lots meet the
density requirement for Estate Residential (ER) consistent with the General Plan land
use designation. No specific building plans are associated with the subject property.
The proposed map is consistent with the applicable general plan, and this finding has
been met.
b. The design and improvements of the proposed Tentative Parcel Map are
consistent with the zone in which the property is located.
The proposed subdivision is consistent with the R-1-13 zone with the approval of an
Administrative Minor Modification (AMM) for the reduction of lot width by 10% resulting
in six (6) lots with 110 foot width. The new single-family residential lots will be greater
than 22,000-square feet with the required minimum density consistent with the R-1-B
zone. The design of the proposed subdivision is consistent with the applicable zoning
and the finding has been met.
c. The site is physically suited for this type of development.
The Las Palmas Estates subdivision was original approved in 2002 with construction of
all infrastructure including streets, curbs, gutters, and utilities. The development has
been graded with pad sites available for future development. Lots #12 to #17, and
Parcels #1 to #3 require architectural approval. 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 project of one single-family dwelling unit of a minimum of 22,000-square
feet or roughly 1.01 du/ac is consistent with the allowable density under the General Plan.
The site abuts improved public streets with existing utilities and right-of-way widths that
are projected in the City's 2007 General Plan update to operate at normal levels of
service (LOS).
e. The design of the subdivision is not likely to cause environmental damage or
substantially and avoidably injure fish, wildlife, or their habitats.
The Tentative Parcel Map has been reviewed under the California Environmental Quality
Act, and subsequent to Section 15315 is considered Categorically Exempt as a "Minor
Land Division" located in an urbanized residential area of four or fewer parcels. A
Negative Declaration has been adopted as part of a previously approved Tentative Tract
City Council Resolution No. 23635
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Map 28966. The subdivision has been graded and is a flat lot with an average buildable
slope less than 20% and does not include any natural habitat. Conservation easements
are in place for lots on the south side of Las Palmas Estates Drive. The project will
therefore not 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 includes connections to all public utilities
including water and sewer systems. The private street will provide access to the subject
lots.
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 are no known public access easements across the subject property; therefore the
design of the subdivision will not conflict with easements for access through or use of the
property. Any utility easements can be accommodated within the project design.
Section 3: Pursuant to the Palm Springs Zoning Code Section 94.06.01 (4) for
approval of an Administrative Minor Modification (AMM), the Planning
Commission finds as follows:
1. The requested minor modification is consistent with the General Plan, applicable
Specific Plan(s) and overall objectives of the zoning ordinance.
There is no General Plan Policy that would be adversely affected by this
modification. The proposed number of units per acre is consistent with the
Estate Residential land use designation. Palm Springs Zoning Code (PSZC),
Section 94.06.01(A)(4) specifically allows for the reduction of lot dimensions by
not more than 10%.
2. The neighboring properties will not be adversely affected as a result of the approval
or conditional approval of the minor modification.
The
request for a reduction of lot width less than 10/o to allow six (6) lots with
front lot lines at 110 feet will not impact surrounding properties. The existing Las
Palmas Estates subdivision consists of large single-family residential lots fronting
on a private street. Construction of new homes has not occurred and the
requirement that lots #12 to #17 and Parcels #1 to #3 require architectural
review, will allow for discretionary approval of new house types.
3. The approval of the minor modification will not be detrimental to the health, safety,
or general welfare of persons residing or working on the site or in the vicinity.
City Council Resolution No. 23635
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All building and renovations will be built to the Uniform Building Code, and Palm
Springs Zoning Code as modified by this Administrative Minor Modification, and
Fire Code.
4. The approval of the minor modification is justified by environmental features, site
conditions, location of existing improvements, or historic development patterns of
the property or neighborhood.
The modification to lot widths is justified due to the similar reduced lot widths within
the subdivision and adjacent residential neighborhood. The proposed new
construction of single-family homes will meet R-1-B zone established setbacks and
minimum size of structures. The proposed subdivision will be consistent with
neighboring properties under identical zoning classifications. Staff has
determined the lot width reduction less than 10% is in harmony with the current
standards of the neighborhood, and is in keeping with historical development
patterns of the surrounding area.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council hereby approves Case TPM 36706 a Tentative Parcel Map subdividing existing
Lot 10 and lot line adjustment for Lot 11 creating four single-family lots and an
Administrative Minor Modification reducing the front lot line dimensions in Las Palmas
Estates located at 555 North Via Monte Vista; subject to the attached conditions set
forth in Exhibit A.
ADOPTED this 18th day of July 2014.
David H. Ready, City er
ATTEST:
mes Thompson, City Clerk
City Council Resolution No. 23635
Page 5
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. 23635 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 July 16, 2014 by the following
vote:
AYES: Councilmember Foat, Councilmember Mills, Councilmember Lewin, Mayor
Pro Tem Hutcheson and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
Ames Thompson, City Clerk
City of Palm Springs, California
City Council Resolution No. 23635
Page 6
RESOLUTION NO.
EXHIBIT A
Case TPM 36706
Las Palmas Estates
555 North Via Monte Vista
July 16, 2014
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
36706; and the conditions below;
ADM 2. Any and all conditions associated with Tentative Tract Map 28966 shall
remain and be made part of the TPM 36706 approval.
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 Mao. This approval is for Tentative Parcel Map 36706 known as the
Las Palmas Estates subdivision located at 555 North Via Monte Vista date
stamped June 11, 2014. 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 36706. The City of Palm Springs will promptly
City Council Resolution No. 23635
Page 7
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
P Y 9 Y e d 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. 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 Commission's final action on the project. This fee shall be
submitted by the City to the County Clerk with the Notice of Exemption.
City Council Resolution No. 23635
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Action on this application shall not be considered final until such fee is paid
(projects that are Categorically Exempt from CEQA).
ENV 2. California Fish & Game Fees Required. The project is required to pay a fish
and game impact fee as defined in Section 711.4 of the California Fish and
Game Code. This CFG impact fee plus an administrative fee for filing the
action with the County Recorder shall be submitted by the applicant to the
City in the form of a money order or a cashier's check payable to the
Riverside County Clerk prior to the final City action on the project (either
Planning Commission or City Council determination). This fee shall be
submitted by the City to the County Clerk with the Notice of Determination.
Action on this application shall not be final until such fee is paid. The project
may be eligible for exemption or refund of this fee by the California
Department of Fish & Game. Applicants may apply for a refund by the CFG
at www.dfg.ca.gov for more information.
ENV 3. Cultural Resource Survev 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 4. 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 5. 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.
City Council Resolution No. 23635
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PLANNING DEPARTMENT CONDITIONS
PLN 1. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 2. No off-site Parking. Vehicles associated with the operation of the proposed
development including company vehicles or employees vehicles shall not be
permitted to park off the proposed building site unless a parking management
plan has been approved.
PLN 3. 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. Deed restrictions, easements, covenant conditions and restrictions that
are to be recorded.
b. 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
may not be terminated or substantially amended without the consent of
the City and the developer's successor-in-interest.
PLN 4. Any and all conditions associated with Tentative Tract Map 28966 shall
remain and be made part of the TPM 36706 approval.
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security
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.
ENG 1. Any and all conditions associated with Tentative Tract Map 28966
shall remain and be made part of the TPM 36706 approval.
ENG 2. A (Parcel/Final) 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
City Council Resolution No. 23635
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guarantee for the subject property, the traverse closures for the existing
parcel and all lots created therefrom, and copies of recorded documents
shall be submitted with the (Parcel/Final) Map to the Engineering Division
as part of the review of the Map. The (Parcel/Final) Map shall be approved
by the City Council prior to issuance of building permits.
FIRE DEPARTMENT CONDITIONS
(none at this time)
END OF CONDITIONS