HomeMy WebLinkAbout23632 RESOLUTION NO. 23632
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA APPROVING A
TENTATIVE TRACT MAP, CASE TTM 36756, TO
CONVERT 104 EXISTING APARTMENTS TO FOR-SALE
CONDOMINIUMS THROUGH A ONE LOT SUBDIVISION
FOR CONDOMINIUM PURPOSES ON A 5.28-ACRE SITE
LOCATED AT 1700 ARABY DRIVE."
WHEREAS, Northwood-Palm Springs LLC ("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 Tract Map
proposing one lot for 104 condominiums at 1700 Araby Drive, Zone R-3, Section 25;
and
WHEREAS, a notice of public hearing of the Planning Commission of the City of Palm
Springs to consider Case TTM 36756 was given in accordance with applicable law; and
WHEREAS, on February 26, 2014, a public meeting on Case TTM 36756 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 Tract Map by
Resolution, subject to Conditions of Approval; and
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to
consider TTM 36756 was given in accordance with applicable law; and
WHEREAS, the proposed project is considered a "project" pursuant to the terms of the
California Environmental Quality Act ("CEQA"), and has been determined to be
Categorically Exempt as a Class 1 exemption (Division of existing multiple family or
single-family residences into common-interest ownership...where no physical changes
occur which are not otherwise exempt) pursuant to Section 15301(k) of the CEQA
Guidelines; 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:
Resolution No. 23632
Page 2
SECTION 1. Pursuant to the California Environmental Quality Act (CEQA) Guidelines,
the project is exempt from CEQA review as the proposal meets the Class 1 Exemption
under Section 15301(k), whereby the project conforms to the following: "division of
existing multiple family or single-family residences into common-interest
ownership...where no physical changes occur which are not otherwise exempt."
SECTION 2. Pursuant to Municipal Code Chapter 9.64 (Maps) and the State of
California Subdivision Map Act Section 66474, the City Council finds as follows:
a. That the proposed Tentative Tract Map is consistent with all applicable
general and specific plans.
The TTM proposes one (1) lot equaling 5.28 gross acres for the purpose of a 104 unit
condominium project. The site is located within the HDR (High Density Residential)
General Plan Land Use designation, which allows up to 30 dwelling units per acre. The
residential density is 21 units per acre and therefore consistent with the current General
Plan. Therefore, the 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-3 zone in which the property is
located. The Tentative Tract Map will consist of one lot equaling roughly 230,202-
square feet. The design of the proposed condominium plan is consistent with the
existing development, including covered parking, and applicable zoning. Therefore, the
finding has been met.
c. The site is physically suited for this type of development.
The site is an existing 104 unit residential complex with adequate access to streets. No
further development of units is proposed. The surrounding neighborhood is a mix of
established and newly constructed residential properties. 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 density of the existing development will not change. It is physically suited for the
density of the development (104 units) with common open space, off-street parking and
circulation for pedestrians and vehicles. The only difference will be the ability to sell
individual units. Therefore, the finding has been met.
e. The design of the subdivision is not likely to cause environmental damage or
substantially and avoidably injure fish, wildlife, or their habitats.
Resolution No. 23632
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The California Environmental Quality Act considers these types of applications as being
exempt from environmental review, pursuant to Section 15301(k) "Division of multiple-
family residences into common-interest ownership...". Thus, the subdivision is not likely
to cause environmental damage.
f. The design of the subdivision or type of improvements is not likely to cause
serious public health problems.
The subdivision will create a one lot parcel for the sale of individual units. There are no
improvements proposed that would likely cause serious public health problems.
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 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.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council hereby approves Case TTM 36756; a Tentative Tract Map one lot subdivision
for 104 condominiums at 1700 Araby Drive; subject to the attached conditions set forth
in Exhibit A.
ADOPTED this 16th day of July, 2014.
David H. Ready, C' ger
ATTEST:
mes Thompson, City Clerk
Resolution No. 23632
Page 4
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. 23632 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 Tern Hutcheson and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ames Thompson, City Clerk
City of Palm Springs, California
oq�a�2or`�'
Resolution No. 23632
Page 5
EXHIBIT A
Tentative Tract Map 36756
Northwood Palm Springs LLC
104-unit Condominium Conversion at the Southeast Corner of
East Palm Canyon Drive and Araby Drive
1700 Araby Drive
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.
PROJECT CONDITIONS:
1. Smart meters shall be installed and continuously maintained for all common
landscaping.
2. Applicant shall meet all State laws regarding relocation.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case TTM
36756, except as modified by the conditions below.
ADM 2. Reference Documents. The Final Map shall be consistent with approved
Tentative Tract Map, date stamped May 6, 2014 on file in the Planning
Division.
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.
Resolution No. 23632
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ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
devia
tions to the project description and approved plans in accordance with
the provisions of the Palm Springs Zoning Code.
ADM 5. 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 TTM 36756. 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 6. 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 7. Time Limit on Approval. Approval of a Tentative Tract Map (TTM) 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 and City
Council upon demonstration of good cause.
ADM 8. 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.
ADM 9. CC&R's The applicant prior to issuance of building permits shall submit a
draft declaration of covenants, conditions and restrictions ("CC&R's") to the
Resolution No. 23632
Page 7
Director of Planning for approval in a format to be approved by the City
Attorney. These 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
ADM 10, CC&R's. Prior to recordation of a final Tentative Tract Map or issuance of
building permits, 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 developer's
successor-i n-inte rest.
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,
ADM 11. CC&R's Deposits & Fees. The applicant shall submit to the City of Palm
Springs, a deposit in the amount of $3,500, for the review of the CC&R's by
the City Attorney. A $675 filing fee shall also be paid to the City Planning
Department for administrative review purposes. Note: these fees may
change upon City Council approving updates to the current fee schedule.
ADM 12. CC&R's Noise Disclosure. The CC&R's shall have a disclosure statement
regarding the location of the project relative to roadway noise, City special
events and roadway closures for special events. Said disclosure shall inform
perspective buyers about traffic, noise and other activities which may occur in
this area.
ADM 13. Notice to Tenants. The applicant shall provide all tenants with a copy of the
Conditions of Approval for this project.
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security
Codes" of the Palm Springs Municipal Code.
Resolution No. 23632
Page 8
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.
ON-SITE
ENG 1. Dedicate an easement for the right of ingress and egress for service and
emergency vehicles and personnel over the proposed private travel way.
ENG 2. All easements of Record that have been recorded on said property are to
remain in place, all access to easements (vehicular, utility, bike path or other)
to remain accessible.
MAP
ENG 3. A Final Tract 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 Final Map to the Engineering Division as part of the review of the Map.
The Final Map shall be approved by the City Council prior to issuance of
building permits.
ENG 4. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be
submitted to the City Attorney for review and approval for any restrictions
related to the Engineering Division's recommendations. The CC&R's shall be
approved by the City Attorney prior to approval of the Final (Parcel) Map by
the City Council, or in the absence of a Final (Parcel) Map, shall be submitted
and approved by the City Attorney prior to issuance of Certificate of
Occupancy.
ENG 5. Upon approval of a final map, the final 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
Resolution No. 23632
Page 9
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 (e00),
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.
END OF CONDITIONS