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HomeMy WebLinkAbout7/16/2014 - STAFF REPORTS �y V N a CITY COUNCIL STAFF REPORT DATE: JULY 16, 2014 PUBLIC HEARING SUBJECT: TRIPALMSVIEW PROPERTIES, LLC. FOR A TENTATIVE PARCEL MAP 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 (CASE TPM 36706). (GM) CASE: TPM 36706 FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY The City Council to review a request for a Tentative Parcel Map to subdivide one existing Lot 10 and lot line adjustment for Lot 11 creating four (4) lots and an Administrative Minor Modification to reduce front lot line dimensions located in Las Palmas Estates at 555 N. Via Monte Vista. RECOMMENDATION: Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FOR 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" ISSUES: • Las Palmas Estates was subdivided as part of TTM 28966 in 2002. • Engineering Department is currently reviewing lot line adjustment request. ITEM NO. 1" �' City Council Staff Report July 16, 2014— Page 2 Case No. TPM 36706— Las Palmas Estates Related Relevant,City Actions by Planning, Fire, Building, etc... March /1987 Building permit issued for house, swimming pool, and tennis court. 10/9/2002 Planning Commission reviews and approves a request for TTM 28996 to subdivide into 17 single-family lots; and approval of a Negative Declaration. 09/02/2004 Grading permit approved for street improvements and pad construction. 06/11/2014 Planning Commission votes 7-0 to approve TPM 36706 and Administrative Minor Modification Case 7.1418. Most Recent Ownership 7/7/2010 1 Tripalmsview Properties LLC Nei hborhood Notification 7/2/2014 Email notification was sent to representatives of Old Las Palmas, and Vista Las Palmas Neighborhood Organizations Field Check June 2014 Staff visited site to observe existing conditions Notification 7/2/2014 Notice sent to all property owners within 500 feet of subject site Details of Application Request Site Area Net Area 18.23 acres into 17 Lots Subject Site: Las Palmas Estates Drive fl % City Council Staff Report July 16, 2014— Page 3 Case No. TPM 36706— Las Palmas Estates ANALYSIS: 41 Ong; FacisVng',f0 441 Pfan A*t�ft LAhd Use casting � � � 'Clio. esi nat_ sin Subject ER (Estate Residential) Single-Family R-1-B (Single-Family) Property Residential - Vacant North ER (Estate Residential) Single-Family R-1-B (Single-Family) Residential South Open Space Mountain 0-20 (Open Space East ER (Estate Residential) Single-Family R-1-A (Single-Family) Residential West Water Course Water Course - W (Water Course) Riverside County Flood Control Dam. General Plan Land Use; Density TPM 36706 & TTM 28966 Compliance Designation ER (Estate Up to 2 dwelling units / Residential use at 1.01 Yes Residential) acre dwelling units / ac. DEVELOPMENT STANDARDS: R-1-13 Proposed Project Lot Area 15,000 - sq. ft. 15,000 to 23,000- sq. ft. (conforms) Lots vary in size Lot Width 120 feet Lots 12 - 14 110 feet (conforms with approval of AMM) Parcels 1-3 110 feet (conforms with approval of AMM Lot Depth 100 feet 193 to 203 feet conforms Front Yard 25 feet 25 feet conforms Side Front Yard 10 feet 10 feet conforms Rear Yard 15 feet 15 feet conforms Building Height 12 feet at setback line to New construction (conforms) max. max 18 at a 4:12 slope Bldg. Coverage 35% lot coverage New construction conforms House / Garage 1,500 - sq ft New construction conforms Off-street parking 2 covered spaces 2 covered provided conforms Note: 1) Existing Lots #15 and #17 are previously approved as part of TTM 28966 with substandard lot width located the end of cul-de-sac. 03 City Council Staff Report July 16, 2014— Page 4 Case No. TPM 36706— Las Palmas Estates Table — Lot Configuration Lot# Width'- Depth Size Conforming 12 110 feet 193 feet Approx 21,230 —sq ft Yes —with AMM for width 13 110 feet 180 feet Approx 21, 335— sq ft Yes —with AMM for width 14 110 feet 240 feet Approx 23, 100— sq ft Yes —with AMM for width Parcel 1 110 feet 205 feet 22,869—sq ft Yes —with AMM for width Parcel 2 110 feet 209 feet 23,217 — sq ft Yes —with AMM for width Parcel 3 110 feet 211 feet 22,825— sq ft Yes —with AMM for width Parcel 4 275 feet 193 feet 190,270- sq ft Yes —with AMM for width PROJECT DESCRIPTION: Tentative Tract Map 28966 The Las Palmas Estates subdivision was approved by the Planning Commission including a Negative Declaration on October 9, 2002 as Tentative Tract Map 28966 for 17 single-family residential lots and one conservation lot (Lot 18). The project site was formally known as the Mountain Falls Golf Course project which never gained approval. Currently the site has been graded; pad sites formed and infrastructure including streets, curbs and gutters has been installed. A control access gate has been added at the entrance to the development. The approval of TTM 28966 included several conditions of approval granting deviations from the required lot sizes and lot widths for several parcels. An Administrative Minor Modification (AMM) allowed Lot #2 to be 14,810- square feet substandard in area; and Lots #15 and #17 substandard in width. The justification for grating the AMM was based upon adjacent R-1-13 zoned properties directly to the north of the subdivision along Crescent Drive. Several of these residential lots are substandard in overall lot size and it was determined that the proposed subdivision would be consistent with neighboring properties under identical zoning classifications. A condition of approval requires Lots #11 — #17 be subject to Architectural Approval to hillside development standards. Tentative Parcel Map 36706 Tentative Parcel Map 36706 is seeking approval for lot line adjustment of Lots #11 to #14 and subdividing existing Lots #10 and #11 creating Parcels #1 to #4. These actions will result in an increase of two (2) additional lots in the Las Palmas Estates subdivision. Currently there exists within the subdivision a large two building residential compound with a swimming pool and tennis court. The property owner intends to raze the two- 04 City Council Staff Report July 16, 2014— Page 5 Case No. TPM 36706—Las Palmas Estates story residential building, pool and tennis court and subdivide the lot. A lot line adjustment for the parcels on the south side of Las Palmas Estates Drive will shift all lot lines several feet narrowing the front property lines. The proposed subdivision and lot line adjustment will result in a non-conforming front lot line width. An Administrative Minor Modification (AMM) is required to reduce the front lot lines by 10% to a possible minimum of 108 feet. Lots #12, #13, #14 and Parcels #1, #2, #3 to have front lot line widths of 110 feet which is less than a 10% reduction from the required 120 foot lot width for the R-1-B zone. A lot line adjustment is pending review by the City Engineering Department contingent upon approval of the TPM FINDINGS: Tentative Parcel Map Findings are required for the proposed subdivision pursuant to Section 66474 of the California Subdivision Map Act. If any of these findings are not met, the City shall deny approval: 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-1-13 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 � w City Council Staff Report July 16, 2014— Page 6 Case No. TPM 36706 — Las Palmas Estates 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 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. Administrative Minor Modification 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%. r C� City Council Staff Report July 16, 2014— Page 7 Case No. TPM 36706— Las Palmas Estates 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% 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. 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-1-13 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. ENVIRONMENTAL DETERMINATION: Pursuant to Section 15315 of the California Environmental Act (CEQA), the project is considered a "Minor Land Division" and is Categorically Exempt. The preparation of further environmental assessment is not necessary since the proposed subdivision meets the standards as stated above. The present request will not result in any new environmental impacts. FISCAL IMPACT: No fiscal impact. 07 City Council Staff Report July 16, 2014— Page 8 Case No. TPM 36706— Las Palmas Estates M. M rgoWfieeler, FAICP David H. Ready, pager Director of Planning Services Attachments: 1. Vicinity Map 2. Resolution 3. Conditions of Approval 4. Justification Letter from Applicant 5. TPM 36706 6. City Council Staff Report October 16, 2002 7. Conditions of Approval TTM 28966 8. Planning Commission Resolution & Conditions of Approval 9. Planning Commission Meeting Minutes 6-11-2014 10.Planning Commission Staff Report 6-11-2014 os +OFPPLM da4'y N Department of Planning Services W E %...,,. Vicinity Map S C9/iFO0.NP RIB RIB R16 � w RIB H R1A g RIA x a O CRESCENT DR 5 = w W C RIB LAS PALMAS ESTATES DR R1A INO DR �y PD 020 Legend Q 500 Ft R1 A Site 0 OZoning Parcels CITY OF PALM SPRINGS CASE NO: TPM 36706 DESCRIPTION: To consider an application by Tripalmsview Properties, LLC for TPM 36706 to APPLICANT: Tripalmsview Properties, subdivide Lot 10 and adjust Lot 11 of Tract 28966 LLC resulting in four single-family lots; a gain of one lot, at 555 North Via Monte Vista and Las Palmas Drive, Zone R-1-13, Section 10. 09 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING CASE TPM 36706, A TENTATIVE PARCEL MAP 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-1-13, 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. 10 City Council Resolution No. July 16, 2014 Case TPM 36706 Page 2 of 5 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 City Council Resolution No. July 16, 2014 Case TPM 36706 Page 3 of 5 Negative Declaration has been adopted as part of a previously approved Tentative Tract 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% 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. 12 City Council Resolution No. July 16, 2014 Case TPM 36706 Page 4 of 5 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. 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. AYES: NOES: ABSENT: ABSTAIN: David H. Ready, City Manager i3 City Council Resolution No. July 16, 2014 Case TPM 36706 Page 5 of 5 ATTEST: James 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. 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 by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California i� 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. Proiect 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 Map. 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 15 City Council Resolution No. July 18, 2014 Case TPM 36706 officers concerning Case TPM 36706. 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. 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 16 City Council Resolution No. July 18, 2014 Case TPM 36706 County Clerk with the Notice of Exemption. 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 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 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. i� City Council Resolution No. July 18, 2014 Case TPM 36706 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. Any and all conditions associated with Tentative Tract Map 28966 shall remain and be made part of the TPM 36706 approval. 18 City Council Resolution No. July 18, 2014 Case TPM 36706 FIRE DEPARTMENT CONDITIONS (none at this time) END OF CONDITIONS 19 THE E OUP AiL CiV WCiIOX architecture / pfanning / interior / construction /project management 210.9N Centm(Avenue Suite 200 ClendaCe,California 91203 7ek 818.244.5666 7ac. 818.244.7304 administrator@heritage-usa.com vv�� p �y/, /�-/l 4�• t February 11, 2014 Subject: Las Palmas Estate Drive Lot Adjustment Public Benefit information City of Palm Springs, California The reduction of the lots to less than ten percent width has the following multiple public Benefits: We request the reduction of the following lots to less than ten percent of the lot width only. The current lots, No. 11, 12, 13, 14 are standard lots with a width of 120 feet in the subdivision. Lot 10, which is the first lot at the southwest of the subdivision, is a non-standard lot with a width of 448 feet, as per the tract map no. 28966. We propose subdividing this particular lot in to three lots. By reducing the scale of this massive lot, we would reintroduce the same balance, harmony and order into an otherwise disproportionate lot at the head of the subdivision. One of the public benefits is the creation of more orderly lot sizes and scale with respect to the surrounding lots of similar sizes. A further public benefit would be that the rear portion of this tract, including the three newly created lots, is that a large portion of each lot is dedicated to the public and will be part of the wilderness preserve as part of open space. Each lot newly created and existing already has an area that far exceeds the required minimum lot area in this zone of the City of Palm Springs. Additionally, a further benefit to the public is the security of the subdivision in itself. The massive lot No. 10 currently has a portion of its lot line outside the main entrance to this gated community. It is currently possible to enter lot 10 from outside the gated community boundary and exit into the gated community boundary. By reducing the size of lot No. 10 into three lots, we eliminate the possibility of gaining access to the gated community and the 11Page 20 THE E OUP nec c* eacnae architecture / P fann' / interior / construction /project management �g 210 N CentrurAvenue Suite 200 gienda(e,California 91203 TeE 818.244.5666 4hx• 818.244.7304 adminWrator@keritage-usacom adjustment facilitates the economic feasibility of developing these lots, so the neighbors and city public safety services are not burdened by vacant land that may attract public nuisance type activities. Please refer to the lotline adjustment preliminary map sheet 1 of 1, Exhibit A and B attached to this letter for reference. Best regards, The HERITAGE GROUP Vicky Barbieri, Managing Principal Architect, A.I.A. 21Page 21 RF�IVED�6 IN OLE 01 OF PALM SM NOS.COUNTY OF RNERSVE.STATE OF ULfRWN FEB 2 7 '. TENTATIVE PARCEL MAP NO. 36706 T..u0.TONR LOT AN.m4..MNBARBER,sA PLANNING SERVICES LOCATEOA BEINGASECTION IO.TONON Ol'L T 10l .RANGE<M.EAST.MR BAR 9E RNAImWOMERIC WI NOMEMBER3OIS r y DEPARTMENT 10 p � o 2 e IBB, DPP 0��� Rro veal IRn M.) (FIB T9 SE 1) Q �C ; > w z m3 MMMM 71 r Z 9�sar ! ! �`r9 - L ii 3 O 2 ` ----- - Figs.' ' �•— � � rin WAD / � �A z 8:z i2000 fwu8snT1 eu5�i a-o. Pf RCEL 7 7 8i �I 6D1O '� I I vT.ne �— 9tl � 1r D }-p ,I ryw uE. f1L525 A o n smn _t � • N_. z N 14 I t wo ) �I�m O AG( � I;p L.�. _ PFAWA EL 2 Y 0.524 AC gg I I ' I I O I ; a ----- zoNlN3-O20 se e 10 PARCEL 4.368 AC GRE TRACT NO, 2S988 M6 86'1/23-20 .M..M LrGALOrSCRIP20N1ND-020 ywr i yy d Mum 6'�^..'.'W.'N^.M.. ...mr. , IS RNSES, RR,— RNMERMSE.I.— =M. PRELIMINARY IFOMOTOR ®rR.�^-�= r�� r —� xa y � oArE TF NTAT IVE i se o ENGINEERING PARCEL MAP Na � 5 PC YNE swRI R G, A ti0 oen..>r N N DATE: October 16, 2002 TO: City Council FROM: Director of Planning & Zoning TENTATIVE TRACT MAP 29886-APPLICATION BY JOHN SANBORN, THE OWNER IS THE PRESERVE GOLF COMPANY, LLC., TO SUBDIVIDE 18.23 ACRES INTO 17 SINGLE FAMILY RESIDENTIAL LOTS, ONE LETTERED LOT FOR USE AS PRIVATE STREET AND ONE CONSERVATION LOT, LOCATED AT THE SOUTHWEST CORNER VIA MONTE VISTA AND CRESCENT DRIVE, ZONE R-1-B, SECTION 10. RECOMMENDATION: The Planning Commission will review this project at it's meeting on October 9, 2002. The City Council will receive a supplemental report following that meeting which contains the Planning Commission's recommendation.The officers of Preserve Golf Company, LLC.are Fred N. Grand, President, and William H. McWethy, Jr., Chief Executive Officer. BACKGROUND: The Planning Commission conducted a public hearing on this item on October 9, 2002. The subject property is designated by the General Plan as L2 (Low Residential 2 Units/Acre) and is zoned R-1-B (Single Family Residential) with a minimum lot size of 15,000 square feet. The application includes the subdivision of 18.23 acres into 17 parcels, one lettered lot for use as a private street and one conservation parcel, ranging in size from 14.810 square feet to 32,234 square feet, with Lot#18 at 4.89 acres and Lot#10 at 5.18 acres in area. The proposed project would create a gated community with 17 single family residences. No architecture is proposed at this time. The proposed map is located east of the spillway of the Tachevah Dam, and a portion of the project incorporates steep hillside slopes. The applicant has proposed a building limit line, which would limit development of the hillside on seven hillside lots. In working with the applicant, the project design has evolved to include a large conservation lot, on which all future development would be prohibited. The project site was formerly proposed to be utilized for casitas for the Mountain Falls Golf project. The applicant of the proposed project is the same applicant as the Mountain Falls project. The applicant has submitted a letter to the City formally withdrawing its earlier application for the Mountain Falls Golf Course project. Three of the proposed parcels do not meet all of the R-1-B zone requirements for lot sizes and dimensions.All lots are reasonable and staff supports minor adjustments to lot size and dimensions. Lot #2, at 14,810 square feet, is substandard in area by 190 square feet (1.2%). Lots #15 and 17 are substandard in width, while a lot width of 120' is required, lot #15 measures 112' in width and is substandard by 7.1%. Lot#17 is 111 feet in width and is substandard by 7.5%. Pursuant to Section 94.06.01.A.4, an applicant may apply for an Administrative Minor Modification to allow reductions in lot area, width or depth by a maximum of 10%. Adjacent lots to the north are also zoned R-1-13 and range from 14,336 square feet to 18,480 square feet in area. The proposed lot sizes and dimensions are therefore consistent with property in the vicinity and under identical zoning classification. Pursuant to Section 93.06.00 of the Zoning Ordinance, a reduction of lot area, and lot dimensions, by not more than ten percent is permitted through the AMM process. Staff recommends approval of the lots as proposed. NA723 The 18.23 acre site is commonly referred to as the former Coler estate. The site contains a large main residence, a guest building, a swimming pool, and a tennis court. The site previously contained a three hole golf course.The existing residence and its improvements a will be contained with the proposed Lot #10. The remainder of the site was previously developed as a private golf course and is located directly east of the Tachevah Dam. As proposed, Lot 9 would be a flag lot and lot # 16 and 17 would share a 25' driveway easement. The flat, developable portion of the site slopes gently to the east at an overall gradient of two to three percent and ranges in elevation from 541.3 to 519.5. The overall differential in elevation is approximately 22.3 feet. The proposed road ranges from 533 to 519. The elevation of the hillside portion of the project range from 530 feet at the proposed building limit line to an elevation of of approximately 770 above sea level. Hillside slopes averaging between fifty to seventy percent are common on this site. Pad heights have not been proposed. A grading plan has not been prepared. Given the general topography of the area, the proposed pad heights for lots# 1 - 9 will be controlled through the conditions of approval, and would be conditioned to be within 18" of the elevations of top of the curb at the private street. The conditions include as provision for minimum graded slopes of 0.5% for drainage, 1% has been the City standard. Slopes in excess of 0.5%shall be prohibited for the purposes of site drainage and pad development. The intent is to minimize elevational differences for built-up slopes and residential pads during site grading operations. With two exceptions the existing elevations of the proposed lots are one to two feet below the pad heights of the existing residences to the north. Lot #1 has some topographical features, such as berms, swales, sand traps and greens from the site's former golf course and varies in elevation from 519 to 525, whereas lot #42 directly the north ranges from 520 to 521. Lot#8 ranges in elevation from 536 to 538,while lot #35 to the north is 537. Through the conditions of approval, staff will recommend the imposition of conditions of approval which would ensure thatthese pad elevations are below the heights of existing residential development to the north. The site is noted for an abundance of non-native vegetation. The top soil on site is coarse and underlain with sand. There are outcroppings of granitic rocks on the upper portion of the site. The site has been altered by previous grading activities. Section 9313.00 and Section 9406.01, Minor Modifications, of the Ordinance, allow for building height up to 30 feet in hillside areas. This is typically only done in response to topographic issues. Staff recommends that the Commission allow the City's architectural approval process to guide future development of the hillside lots 10-16, within the project site. However, based on existing topography, staff does not feel two story from grade houses would be appropriate. Based upon the City's architectural approval process, and the established procedure of sending courtesy notices to abutting property owners when any single family residential development being proposed in hillside areas, future conflicts can be reduced to a level acceptable within the community. The staff also recommends that the applicant submit codes, covenants, and restrictions ("CC&R's")to the Director of Planning and Zoning for approval prior to final map approval. The CC&R's will include project design guidelines, landscape requirements, slope restoration, building height standards, walls, building materials and require multi-level homes conforming to existing topography. SURROUNDING ZONING/LAND USE: North: R-1-13 (Single Family Residential); single family homes ' YAO South: 0-20 (Open Space); Vacant East R-1-A (Single Family Residential);single family homes West: 0-20 (Open Space) and W (Watercourse); Debris basin, dam and vacant 24 ENVIRONMENTAL ASSESSMENT AND NOTIFICATION: %. An Environmental Assessment/initial Study has been prepared for the project and routed to the appropriate agencies. A number of environmental studies originally prepared for the Mountain Fall Gold Course Environmental Impact Report (EIR)were incorporated into the study. These special studies include: Final Environmental Impact Report on the General Plan Update; Mountain Falls Golf Preserve Final Environmental Impact Report, State P P P Clearinghouse #97111049, prepared by Smith Peronii & Fox, a division of Dudek & Associates, 1998; Identification and Evaluation of Historic Properties Mountain Falls Golf Preserve, CRM Tech, December 17, 1997; Mountain Falls Golf Preserve Traffic Impact Analysis, Endo Engineering, December 1997; Mountain Falls Golf Preserve Air Quality and Noise Impact Analysis, Endo Engineering December 1997; Hydrology report for the Mountain Falls Golf Preserve, Harold Vance, PE,August 1997; Phase I Environmental Site Assessment, Earth Systems, November 25, 2997; Soils report prepared for the Mountain Fall Golf Resort Project; Geotechnical report prepare for the Mountain Falls Golf Resort Project; and Biological Survey of the Mountain Falls Golf Preserve Site, Lilburn Corporation March 1998. The study identified a number of areas of potential impact including land use and zoning, geologic, water, air quality, transportation, biological resources, hazards, public services, and cultural resources. The environmental assessment concluded that although the proposed project could have a significant effect on the environment, the project will not result in a significant environmental impact because of the mitigation measures described in the Mitigated Negative Declaration. The City received two responses regarding the Initial Study (attached). Correspondence f from the Palm Spring Unified School District outlines school fee requirements. Correspondence from the California Department of Fish and Game requests that the standard bighorn sheep exclusion fence needs to be 8' in height to be effective. A 6'fence had been recommended. Staff has revised the mitigation measures to require that, should bighorn sheep become a problem on the site, the proposed 6'fence would be augmented with an additional 2' of iron fence, for a total of 8' of fence. Biological studies of this and other sites have indicated that San Jacinto Mountain Peninsular Bighorn Sheep (PBS) do not frequent existing development for forage or water purposes. No PBS have been sighted on the subject property and the portions of the site proposed for development does not contain any PBS habitat. PBS in the Santa Rosa Mountains are known to frequent developed areas.As of this date, PBS in the San Jacinto Mountains for not exhibit similar behavior. Recently, the Bighorn Institute (BI), Fish and Wildlife Service (FWS) and California Department of Fish and Game (CDFG) released sheep into the San Jacinto Mountains. These sheep were relocated from the Santa Rosa Mountains and the BI. City staff raised questions regarding this capture and augmentation program with regards to the possibility that released sheep could change the behavior patters of the existing San Jacinto Mountains herd. To date the BI, FWS and CDFG have not responded to the City's letter and concerns. The applicant conducted an informational meeting on the project on June 6, 2002. Approximately 20 people attended the meeting. 1q#49 25 The public hearing was noticed in accordance with established City procedures. Four residents have inquired about the project at City Hall. As of the writing of this report, no correspondence from neighbors has been received. DOUGLASek EVANS Director of Planning and Zoning City Manager ATTACHMENTS: 1. Vicinity Map 2. Environmental Assessment 3. Correspondence 4. Resolution 5. Conditions of Approval 2n RESOLUTION NO. EXHIBIT A xrvrtuvEU BY "NAInb IR�10t0 A%e x e peIn, ,bias A/h Tentative Tract Map.28886-a_ Preserve Estates APPRUYED eYYIC�ITY COUNCIL 555 North Via Monte Vista se x2$966 Oatah'�°�ntt�al. M-- (APN 505-130-015, 016), Section 10, T 4 S, R 4 E, S.B.B.M. asalution _--- Ordinance �___—_--.•• APPROVAL SUBJECT TO ALL REQUIRED October 16, 2002 r01401T10NS BY ABOVE BOOIF" REVISED 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, 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. 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents,officers,and employeesfrom any claim,action,orproceeding against the City of Palm Springs or its agents,officers oremployees to attach,set aside,void orannul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning TM 29886. 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 matterfollowing an adverse judgement orfailure to appeal,shall not cause a waiver of the indemnification rights herein. 3. The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Game Code; therefore a fee of $1,328.00 plus an administrative fee of$50.00 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to Council action on the project. 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. 27 4. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, conservation easements, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line,including sidewalks,conservation 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 forthe property if required by the City. 5. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the negative declaration will be included in the plans prior to Planning Commission consideration of the environmental assessment. 6. Final landscaping, irrigation, exterior lighting, gates and fencing plans and an entry plan shall he submitted for approval by the Department of Planning and Building prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 7. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Building for review and approval prior to the issuance of a building permit. Referto Chapter 8.60 of the Municipal Code for specific requirements. 8. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 9. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. The plan shall include the elimination of all topographic features associated with the former golf course. All lakes, berms, tees and greens shall be removed. The plan shall include pad and finish floor elevations at or below those of the adjacent residences to the north. 10. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3'wide and 6" deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 11. 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 per City of Palm Springs Engineering specifications. 28 12. The applicant, prior to Final Tract Map approval, shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning and Building for approval in a form to be approved by the City Attorney, to be recorded prior to issuance of occupancy permits. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and.in accordance with all ordinances, and the establishment of a permanent conservation easement over lots#17 and 18.The applicant shall submit to the City of Palm Springs, a deposit in the amount of$2000, for the review of the CC&R's by the City Attorney, The CC&R's shall include project design guidelines, landscape requirements, slope restoration, building height standards,walls, building materials and require multi-level homes conforming to existing topography. The CC&R's shall include a provision requiring that the developer construct a fence orwall at least 6(six)feet high around the perimeterof the subdivision forthe purpose of keeping bighorn sheep out of the area of development and to prohibit residents from access to the conservation lot or easement areas. Should the six foot fence prove ineffective at excluding sheep,the developer shall install an additional 2'of iron fence, for a total of 8' of fence. 13. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 14. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning & Building prior to the issuance of building permits for future single family residences and entry way improvements. Manufacturer's cut sheets of all exterior and landscape shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of the hillside is permitted. 15. Priorto the issuance of grading permits,locations of all utility service, including but not limited to telephone, electrical boxes, transformers etc., must be indicated on the grading plans and must be completely located in a below ground vault. 16. An Administrative Minor Modification shall be granted for Lot # 2 (substandard lot area), Lot#15 (substandard lot width) and Lot# 17 (substandard lot width) prior to approval of a final map. 17. Lots#11-17 shall be subjectto Architectural Approval(Section 94.04)and the Hillside Development Ordinance (93.13). 18. The applicant shall construct a decorative masonry wall along the entire north property line. MITIGATION MEASURES AND MONITORING PROGRAM 19. A preliminary grading plan and soils report shall be reviewed and approved by the Planning Commission. Contour and terrace grading shall be required for development of lots 11 - 17. Split level pads and yards shall be required which step development and create grade transitions. The soils report prepared with the grading plan shall address the concerns stated in the DTSC letter dated October 1, 2002. 29 20. A courtesy notice shall be provided to properties adjacent to lots# 11-17, with each single family residence application. 21. Prior to approval of final map pad elevations for lots 1-13 shall be established and approved by the Director of Planning and Zoning and the Director of Public Works. 22. Residences on lots#1-9 shall be limited to a single story, maximum height of 18'. 23, The developer shall record building limit lines on Lots #10-16 and 18 and shall dedicate and record of conservation easements on Lots#10 and#18.These building limit lines limit the area of construction and are intended to limit the development of the parcels to the downslope areas. No structures,landscape,lighting,water features or any other type of construction would be allowed past these building limit lines. 24. For lots # 1-9, the project shall include minimum slopes of 0.5% for drainage for individual lot grading. Slopes in excess of 0.5% shall be prohibited for the purposes of site drainage and pad development 25. The developer and future owners will be prohibited from planting or constructing any other improvements on the hillside areas above the building limit lines or slope protection boundary. 26. All landscape, golf course improvements and construction debris on site shall be excavated, removed and replaced with compacted fill 27. The minimum seismic design of all future residences shall comply with the Uniform Building Code. 28. All future residences shall employ engineered design and earthquake resistant construction. 29. The developer shall submit a precise grading plan and soils report for each individual lot as part of the architectural approval or building permit process. 30. For lots#10-16,the Director of Planning and Zoning and City Engineer shall approve all individual grading plans and building pad locations. 31. The developer shall prepare a storm water pollution prevention plan (SWPPP) and revise the SWPPP as necessary as construction conditions change. 32. Grading operations shall be suspended during first and second stage ozone episodes or when winds exceed 25 MPH per the PM10 SIP. 33. Construction operations affecting off-site roadways shall be scheduled for off-peak hours and shall minimize construction of through traffic lanes. 34. The developer shall construct an intersection of the private street with Via Monte Vista and Crescent Drive, with curb returns, cross gutter, access ramps and removal and relocation of existing improvements. 35. The developer shall provide a stop sign to control exiting site traffic. Clear unobstructed sight clearances shall be provided at the driveway. 30 36. Entry monumentation that does not interfere with sight distance orturning movements shall be incorporated in the project entry. Landscaping shall be provided that is appropriate to the entry but will not interfere with sight distances or turning movement operations.The final design forthe project entrance ands corresponding entry lighting shall be reviewed by the City Engineer priorto the issuance of the first building permit. 37. If blasting is determined to be necessary as part of the excavation operation for any of the future residences on the property, the timing of such a procedure shall be planned with the assistance of a biologist. If the biologist determines that the location and extent of blasting is likely to affect sheep lambing, breeding, or watering, blasting should be done during a period when the auditory impacts will be negligible. A biological monitor may also be necessary prior to and during blasting events to halt blasting immediately if sheep are present in the area. While the biologist will determine the final implementation techniques, it is anticipated that the biologist will be positioned at the higher elevations of the site equipped with a spotting scope and radio and would conduct visual surveillance before and during blasting. 38. Any additional landscaping or landscape alteration outside of fenced areas shall consist of plant species that are native to the immediate area. No oleanders shall be planted on the project perimeter or within areas open to undeveloped areas, as they have been implicated in Peninsular Bighorn Sheep deaths through poisoning. 39. The final design of any perimeter fencing or walls shall be reviewed by the Planning and Building Departments as part of the Architectural Review process for each residence within the subdivision.The fencing shall be of a height,location,and design as to not create a "trap" for Peninsular Bighorn Sheep that could potentially wander to the fringe of the subdivision. 40. The developershall be responsible for com plianoe with the State Endangered Species Act and Federal Endangered Species Act prior to the issuance of grading permits, if deemed necessary by the applicable resource agencies. 41. Lot #18 shall have a conservation easement recorded which prohibits any and all development of the property, including structures, landscaping, lighting and recreational use,with the exception of the North Lykken Trail.A trail easement forthe North Lykken Trail shall be noted in the conservation easement. The conservation easement shall be granted in favor of the City of Palm Springs. Lot#18 shall also be dedicated to the City of Palm Springs, 42. Lot #10 shall have a conservation easement recorded which prohibits any and all development of the property, including structures, landscaping, lighting and recreational use,with the exception of the North Lykken Trail.A trail easement for the North Lykken Trail shall be noted in the conservation easement. The conservation easement shall be granted in favor of the City of Palm Springs. 43, Lots#11-16 shall have conservation easements recorded for all areas above the no- build line. 44. The developer shall prepare and cause to be recorded CC&R's which shall address conservation easements and no build restrictions. The no build restrictions shall include provisions against the construction of structures, trails, pools, landscaping, and hillside lighting, etc. 31 45. The developer shall design ands construct all water mains, fire hydrants and on-site circulation in accordance with City of Palm Springs Fire Department rules and regulations prior to the issuance of building permits. 46. The developer shall create and implement , with consultation and approval from the City of Palm Springs Fire Department, a fuel modification plan which provides fire safety buffer treatments between natural and open space and planned buildings, which provided for long term maintenance of the buffer, prior to issuance of occupancy permits. Maintenance under the plans shall continue for the life of the project. 47. The construction of this project shall utilize, to the extent feasible, non-combustible exterior building materials, and fire resistant ornamental vegetation, subject to Fire Department approval prior to issuance of building permits. 48. An on-site archeological monitor shall be present during all grading operations. An archeological report shall be submitted by the monitorto the City following observation of grading operations. In addition to an archeological monitor, a Native American cultural resource monitor be present during all phases of grading. POLICE DEPARTMENT: 49, Developer shall comply with Section 11 of Chapter 8.04 of the Palm Springs Municipal Code. WASTE DISPOSAL SERVICES: 50. The location of the trash enclosure is acceptable subject to approved construction details approved by the Director of Building and Safety consistent with approved City details. ENGINEERING The Engineering 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: 51. The developer shall submit a final soils report and hydrology study with recommendations to the City Engineer with the first submittal of a grading plan. 52. Dedicate an easement for sewer and public utility purposes with right of ingress and egress over the private street. The easement shall be the width of the travel way from back of curb to back of curb. Provide the City with Key or card (whatever access mechanism is used) for access to the development for sewer maintenance purposes. 53. The developer shall comply with Riverside County Flood Control and Water Conservation District requirements placed on this project, and approved by the City Engineer. 32 " i C Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 54. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. 55. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B. All agreements and improvement plans approved by City Engineer, IF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. VIA MONTE VISTA 56. The existing fire hydrant shall be relocated out of the main entry and a blue marker shall be placed in the street opposite the relocated fire hydrant, per Fire Department standards. 57. " Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 58. Developer shall construct an intersection of the Private Street with Via Monte Vista and Crescent Drive, complete with curb returns, cross-gutter, access ramps, and removals and relocation of existing improvements. The intersection design shall be shown on the Street Improvement Plans for the Private Street and be subject to the review and approval of the City Engineer. The maintenance driveway along the east property line shall be redesigned to intersect with the private street. 59. All broken or off grade CURB, GUTTER AND AC PAVEMENT shall be repaired or replaced. Indicates conditions to be deferred by covenant. PRIVATE STREET 60. All centerline radii shall be a minimum of 130 feet. 61. The right-of-way width of the private street shall be 37 feet. 33 62. Construct a Type B-1 curb and gutter, or other curb configuration (wedge curb) to the satisfaction of the City Engineer, 18 feet both sides of centerline along the portions of the street with on-street parking and 12 feet both sides of centerline along the portions of the street with no on-street parking per City of Palm Springs Standard Drawing No. 200. 63. Deleted. 64. Construct minimum 10 wide driveway approaches at approved locations to each lot, in accordance with City of Palm Springs Standard Drawing No. 201. 65. See Condition No. 83 for gated entrance requirements for Main Entries that are proposed to be gated. 66. The curb radius throughout the cul-de-sac bulb shall be a minimum of 43 feet. 67. Construct pavement with a minimum pavement section of 2-1/2 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to edge of proposed gutter along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. The pavement section shall be designed, using "R"values, by a licensed Soils Engineer and submitted to the City Engineer for approval. SANITARY SEWER 68, Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. 69. Developer shall construct an 8 inch sewer main across the entire PRIVATE STREET frontage and connect to the existing sewer system manhole at the intersection of Via Monte Vista and Crescent Drive. 70. All sewer mains constructed by the developer and to become part of the City sewer system shall be televised by the developer prior to acceptance of said lines. 71. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following: A. Copy of signed Conditions of Approval from Planning Department. B. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. C. Sewer Study/Report, IF required by these conditions. 72. Stamp an "S" on the top of curb where all laterals cross to each lot. 34 GRADING 73. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 74. Submit a Grading Plan prepared by a Registered Civil Engineer to the Engineering Department for plan check. A PM 10 (dust control) Plan shall be submitted to and approved by the Building Division prior to approval of the grading plan. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Copy of signed Conditions of Approval from Planning Department. B. Copy of Site Plan stamped approved and signed by the Planning Department. C. Copy of Title Report prepared/updated within past 3 months. D. Copy of Soils Report. E. Copy of Hydrology Study/Report. F. Copy of the General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. 916 657-0687) to the City Engineer prior to issuance of the grading permit. 75. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep-to keep nuisance water from entering the public streets, roadways, or gutters. 76. Developer shall obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. (916)-657-0687) and provide a copy of same, when executed, to the City Engineer prior to issuance of the grading permit. 77. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 78. A soils report prepared by a licensed Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site. A copy of the soils report shall be submitted to the Building Department and to the Engineering Department along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 35 The previous Soils Report required that proposed buildings be constructed a minimum of 30 feet from the toe of steep, rocky slopes. A catchment area shall be constructed between the toe of slope and buildings. The height and width of the retention walls shall be determined by the Soils Report and submitted to the City Engineer for review and approval. An alternate design for the catchment area may be proposed by a Geotechnical Engineer subject to review and approval by the City Engineer prior to issuance of grading permits. If any changes are to be made to the mitigation measures of the previous report, said report shall be revised to mitigate the new site conditions. 79. Contact the Building Department to get information regarding the preparation of the PM10 (dust control) Plan requirements. 80. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the import or export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) or a verbal release from that office prior to the issuance of the City grading permit. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert. (Phone: 760-776-8208) DRAINAGE 81. The developer shall accept all stormwater runoff passing through and falling onto the site and conduct this runoff to an approved drainage structure (if available). On-site retention/detention or other facilities approved by the City Engineer shall be required if off-site drainage structures are unavailable or cannot contain the increased stormwater runoff generated by the development of the site. Provide a hydrology study to determine if the increased stormwater runoff due to development of the site exceeds the capacity of offsite drainage structures (if any exist), and to determine required stromwater runoff mitigation measures for this project. 82. The project is subject to flood control and drainage implementation fees and/or construction of drainage facilities (Line 14) according to the approved Master Plan of Flood Control and Drainage. Validated costs incurred by the developer for design and construction of storm and/or drainage improvements adjacent to such development as shown in said Master Plan shall be credited toward the drainage fee otherwise due or in the event such cost exceeds the fee otherwise due, the City will enter into a reimbursement agreement with developer to reimburse him for such excess costs from drainage fees collected from other development. The acreage drainage fee at the present time is $9,212.00 per acre per Resolution No. 15189, This condition shall be complied with, to the satisfaction of the City Engineer, prior to filing any final map or issuance of the building permit. ON-SITE 83. The following requirements for a gated entry shall be met to provide adequate setbacks and turning movements for vehicles entering the primary parking facilities of this project: A. Provide a minimum 50 foot setback to the access gate control mechanism. 36 B. Provide a turnaround after the mechanism for vehicles unable to enter the project. C. Security gates shall be a minimum of 15 feet clear width in each direction. GENERAL 84. Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional inch. See City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. 85. All existing and proposed utility lines that are less than 35 kV on/or adjacent to this project shall be undergrounded. The location and size of the existing overhead facilities shall be provided to the Engineering Department along with written confirmation from the involved utility company(s) that the required deposit to underground the facility(s) has been paid, prior to issuance of a grading permit. All undergrounding of utilities shall be completed prior to issuance of the first Certificate of Occupancy requested for this project. 86. All proposed utility lines (service drops) on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. 87. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. The approved original grading/street plans shall be as-built and returned to the City of Palm Springs Engineering Department prior to issuance of the first Certificate of Occupancy requested for this project. 88. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 89. The developer shall take every precaution needed to "Protect-in-Place" any existing Whitewater Mutual Water Company water line(s) that may traverse his project. 90. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code 93.02.00 D. 91. 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 per City of Palm Springs Engineering specifications. MAP 92. The 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 Department. 93. The Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review. Submittal shall be made prior to issuance of grading or building permits. 37 94. A reciprocal access easement agreement between Lot 15, Lot 16 and Lot 17 shall be indicated on the Final Map, or recorded as a separate document prior to issuance of grading or building permits. TRAFFIC 95. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the VIA MONTE VISTA frontage of the subject property. 96. Street name signs shall be required at each intersection in accordance with City of Palm Springs Standard Drawing Nos. 622 and 623. 97. A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND" shall be installed per City of Palm Springs Standard Drawing Nos. 620-625 at the following locations Via Monte Vista and Private Street Crescent Drive and Via Monte Vista The "STOP" sign at the northeast corner of Crescent Drive and Via Monte Vista shall include a warning sign indicating that cross traffic on Via Monte Vista does not stop. 98. The developer shall provide and install a 9,500 lumen high pressure sodium vapor safety street light with glare shield on a marbelite pole on the NORTHEAST corner of CRESCENT DRIVE and VIA MONTE VISTA with the mast arm over VIA MONTE VISTA. The developer shall coordinate with Southern California Edison for required permits and work orders necessary to provide electrical service to the street light. As an alternative, other decorative landscape and entryway lighting which adequately illuminates the project entry may be considered. 99. Construction signing, lighting and barricading shall be provided for on all projects 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 State of California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1996, or subsequent additions in force at the time of construction. 100, This property is subject to the Transportation Uniform Mitigation Fee based on the RESIDENTIAL SINGLE FAMILY DETACHED ITE Code B land use. FIRE 101. Access During Construction: Access for fire fighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 14'6". Fire department access roads shall have an all weather driving surface and support a minimum weight of 67,500 lbs. (Sec. 902 CFC) 38 102, Fire Apparatus Access Plans: Plans for fire apparatus access road shall be submitted to the fire department for review and approval prior to construction. Plans shall include certification from a Registered Professional Engineer stating the roads are of all weather construction and capable of supporting fire apparatus weighing 67,500 lbs. G.V.W. (901.2.2.1 CF). 103. Water Systems and Hydrants: Where underground water mains are to be provided, they shall be installed, completed, and in service with fire hydrants or standpipes (or combinations thereof located as directed by the fire department) not later than the time when combustible materials are delivered to the construction site. (Sec. 903 CFC) 104. Residential Fire Hydrants: Residential fire hydrants shall be installed in accordance with DWA specification and standards. No landscape planting, walls or fencing are permitted within three (3) feet of fire hydrants, except ground cover plantings. 105. Site Plan: Provide the fire department with two (2) copies of an approved site plan. Approved locations for fire hydrants will be marked on this site plan, with one (1) copy being returned to the applicant. The second copy will be retained by the fire department. 106. Fire Hydrant Systems: Following fire department selection of hydrant locations, plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. (901.2.2.2) 107. Building or Complex Gate Locking Devices: Gate(s) shall be equipped with a KNOX key switch device or key box. Contact the fire department for a KNOX application form. 108, Residential Smoke Detector Installation: Provide residential smoke detectors. Detectors shall receive their primary power from the building wiring and shall be equipped with a battery backup. (310.9.1.3 CBC) 109. Site Fire Protection: Provide a garden hose or hoses on construction site equipped with an adjustable spray nozzle capable of reaching all combustible construction. 110. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. 111. Fire Department Access Road Dimensions: Provide a minimum of 20 feet unobstructed width. If parking on access road is desired, provide an eight (8) foot parking lane with opposing curb marked red with appropriate signage for a total of 28 feet in width. Provide an additional eight (8) feet for parking on both sides of access road for a total of 36 feet width. 112. Vertical Fire Apparatus Clearances: Palm Springs fire apparatus require an unobstructed vertical clearance of not less than14'6". 39 113. Fire Flow Determination: Provide information on the size of the proposed buildings and type of construction. This is necessary to determine fire flow requirements. All residences located at toe of slope will require automatic fire sprinklers. All other residences may be required to have automatic sprinklers, depending on size and type of construction. 114. Distance From Water Supply: It appears that portions of buildings to be constructed on several lots could be more than 150 feet from a water supply on a public street. This may require the construction of additional on-site fire protection facilities. (903.2 CFC) 40 RESOLUTION NO. 6405 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING CASE TPM 36706, A TENTATIVE PARCEL MAP 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, 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, the Planning Commission 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 PLANNING COMMISSION HEREBY FINDS 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. 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. 41 Planning Commission Resolution No. 6405 June 11, 2014 Case TPM 36702 Page 2 of 4 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 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. 42 Planning Commission Resolution No. 6405 June 11, 2014 Case TPM 36702 Page 3 of 4 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% 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 front'.ng 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. 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. 43 Planning Commission Resolution No. 6405 June 11, 2014 Case TPM 36702 Page 4 of 4 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 Planning Commission hereby recommends that the City Council 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 11th day of June 2014. AYES: 7, Commissioner Calerdine, Commissioner Klatchko, Commissioner Lowe, Commissioner Roberts, Commissioner Weremiuk, Vice Chair Hudson and Chair Donenfeld NOES: None ABSENT: None ABSTAIN: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA 'tt"L/ rg Wheeler, FAICP Director of Planning Services 44 CITY OF PALM SPRINGS RESOLUTION NO. 6405 APPROVED BY PLANNING COMMISSION EXHIBIT Case#Er'-' 3 '0mate 611 J' Intial C Case TPM 36706 APPROVED BY CITY COUNCIL Las Palmas Estates Case# Date Initial 555 North Via Monte Vista Resolution# Ordinance# June 11 , 2014 APPROVAL SUB1ECr TO ALL REQUIRED CONDIMONS BY ABOVE BODIES 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 Map. 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 45 Planning Commission Resolution No. 6405 June 11, 2014 Case TPM 36706 officers concerning Case TPM 36706. 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. 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 46 Planning Commission Resolution No. 6405 June 11, 2014 Case TPM 36706 County Clerk with the Notice of Exemption. 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 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 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. 47 Planning Commission Resolution No. 6405 June 11, 2014 Case TPM 36706 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. PLN 5. (add any additional conditions imposed by the Planning Commission or Citv Council here 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. 48 Planning Commission Resolution No. 6405 June 11, 2014 Case TPM 36706 Any and all conditions associated with Tentative Tract Map 28966 shall remain and be made part of the TPM 36706 approval. FIRE DEPARTMENT CONDITIONS (none at this time) END OF CONDITIONS 49 Planning Commission Minutes June 11, 2014 AYES: Commissioner Calerdine, Commissioner Klatchko, Commi ' Commissioner Roberts, Commissio ice-Chair Hudson and Chair Don 2B. TRIPALMSVIEW PROPERTIES, LLC, FOR A TENTATIVE PARCEL MAP 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-1-13 (CASE TPM 36706). (GM) ASSOCIATE PLANNER NEWELL presented the proposed project as outlined in the staff report. CHAIR DONENFELD opened the public hearing: ETHAN MEZRAHL, REPRESENTING TRIPALMSVIEW PROPERTIES, provided details on the use of the lot and addressed questions from the Commission. There being no further appearances the public hearing was closed. ACTION: Recommend approval to the City Council, subject to Conditions. MOTION: Commissioner Calerdine, seconded by Vice Chair Hudson and unanimously carried on a roll call vote. AYES: Commissioner Calerdine, Commissioner Klatchko, Commissioner Lowe, Commissioner Roberts, Commissioner Weremiuk, Vice-Chair Hudson and Chair Donenfeld LIZ AND MARK OSTOICH FOR A CONDITIONAL USE PERMIT TO ALLOW A -SQUARE FOOT CASITA AND WINE CELLAR WITH KITCHEN ON A HILLS OT LOCATED AT 660 PALISADES DRIVE, ZONE R-1-A (CASE NOS. 5.1337 ND 3.1745 MAJ). (GM) Associate Planner Newell presente roposed project as outlined in the staff report. He reported that staff has prepared CHAIR DONENFELD opened the public hearing: LIZ OSTOICH, APPLICANT, provided details on the specifics of ouse and indicated that the tennis court is in a dilapidated condition. 3 so PALMS. �OQ 4�y o V N Cg4Fp0.N`P. PLANNING COMMISSION STAFF REPORT DATE: JUNE 11, 2014 SUBJECT: TRIPALMSVIEW PROPERTIES, LLC. FOR A TENTATIVE PARCEL MAP 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 (CASE TPM 36706). (GM) FROM: M. Margo Wheeler, FAICP, Director of Planning Services SUMMARY The Planning Commission to review a request for a Tentative Parcel Map to subdivide one existing Lot 10 and lot line adjustment for Lot 11 creating four (4) lots for a net gain of two parcels and an Administrative Minor Modification to reduce front lot line dimensions located in Las Palmas Estates at 555 N. Via Monte Vista. RECOMMENDATION: Approve as submitted with conditions and recommend approval to City Council ISSUES: • Las Palmas Estates was subdivided as part of TTM 28966 in 2002. • Applicant is working with Engineering Department for lot line adjustment. BACKGROUND: 3/1987 Building permit issued for house, swimming pool, and tennis court. 10/9/2002 Planning Commission reviews and approves a request for TTM 28996 to subdivide into 17 single-family lots; and approval of a Negative Declaration. 09/02/2004 Grading permit approved for street improvements and pad construction. 7/7/2010 1 Tri almsview Properties LLC 54 Planning Commission Staff Report June 11, 2014 -- Page 2 Case TPM 36706—Las Palmas Estates Neighborhood Notification 5/31/2014 Email notification was sent to representatives of Old Las Palmas, and Vista Las Palmas Neighborhood Organizations Field Check June 2014 Staff visited site to observe existing conditions Notification 5/31/2014 Notice sent to all property owners within 500 feet of subject site �— Details of Application Request Site Area Net Area 18.23 acres into 17 Lots -�. _ i+ . ��' _ `A � •'•ram-1 I�ri ! 3 .� . Y° 171i�7lW+Mdwgraq� � r ; Subject Site: Las Palmas Estates Drive 52 Planning Commission Staff Report June 11, 2014-- Page 3 Case TPM 36706— Las Palmas Estates ANALYSIS: Subject Property ER (Estate Residential) Single-Family R-1-B (Single-Family) Residential -Vacant North ER (Estate Residential) Single-Family R-1-B (Single-Family) Residential South Open Space Mountain 0-20 (Open Space) East ER (Estate Residential) Single-Family R-1-A(Single-Family) Residential West Water Course Water Course — W(Water Course) Riverside County Flood Control Dam. General Plan Land Use Density TPM 36706 &TTM 28966 Compliance Designation ER (Estate Up to 2 dwelling units/acre Residential use at 1.01 dwelling Yes Residential) units/ ac. DEVELOPMENT STANDARDS: R-1-13 Proposed Project Lot Area 15,000—sq. ft. 15,000 to 23,000- sq. ft. (conforms) Lots vary in size Lot Width 120 feet Lots 12 — 14 110 feet (conforms with approval of AMM) Parcels 1-3 110 feet (conforms with approval of AMM Lot Depth 100 feet 193 to 203 feet conforms Front Yard 25 feet 25 feet(conforms) Side Front Yard 10 feet 10 feet conforms Rear Yard 15 feet 15 feet conforms Building Height 12 feet at setback line to max 18 New construction (conforms) max. at a 4:12 slope Bldg. Coverage 35% lot coverage New construction conforms House/ Garage 1,500—sq ft New construction conforms Off-street parking 2 covered spaces 2 covered provided conforms Note: 1) Existing Lots#15 and#17 are previously approved as part of TTM 28966 with substandard lot width located the end of cul-de-sac. 53 Planning Commission Staff Report June 11, 2014-- Page 4 Case TPM 36706- Las Palmas Estates Table - Lot Configuration Lot# F Width Depth Size Conforming 12 110 feet 193 feet Approx 21,230- sq ft Yes-with AMM for width 13 110 feet 180 feet Approx 21, 335 -sq ft Yes-with AMM for width 14 110 feet 240 feet Approx 23, 100 -sq ft Yes-with AMM for width Parcel 1 110 feet 205 feet 22,869 -sq ft Yes-with AMM for width Parcel 2 110 feet 209 feet 23,217 -sq ft Yes-with AMM for width Parcel 3 110 feet 211 feet 22,825 -sq ft Yes-with AMM for width Parcel 4 275 feet 193 feet 190,270- sq ft Yes-with AMM for width PROJECT DESCRIPTION: Tentative Tract Map 28966 The Las Palmas Estates subdivision was approved by the Planning Commission including a Negative Declaration on October 9, 2002 as Tentative Tract Map 28966 for 17 single-family residential lots and one conservation lot (Lot 18). The project site was formally known as the Mountain Falls Golf Course project which never gained approval. Currently the site has been graded; pad sites formed and infrastructure including streets, curbs and gutters has been installed. A control access gate has been added at the entrance to the development. The approval of TTM 28966 included several conditions of approval granting deviations from the required lot sizes and lot widths for several parcels. An Administrative Minor Modification (AMM) allowed Lot #2 to be 14,810- square feet substandard in area; and Lots #15 and #17 substandard in width. The justification for grating the AMM was based upon adjacent R-1-13 zoned properties directly to the north of the subdivision along Crescent Drive. Several of these residential lots are substandard in overall lot size and it was determined that the proposed subdivision would be consistent with neighboring properties under identical zoning classifications. A condition of approval requires Lots #11 - #17 be subject to Architectural Approval subject to hillside development standards. Tentative Parcel Map 36706 Tentative Parcel Map 36706 is seeking approval for lot line adjustment of Lots #11 to #14 and subdividing existing Lots #10 and #11 creating Parcels #1 to #4. These actions will result in an increase of two (2) additional lots in the Las Palmas Estates subdivision. Currently there exists within the subdivision a large two building residential compound 54 Planning Commission Staff Report June 11, 2014-- Page 5 Case TPM 36706— Las Palmas Estates with a swimming pool and tennis court. The property owner intends to raze the two- story residential building, pool and tennis court and subdivide the lot. A lot line adjustment for the parcels on the south side of Las Palmas Estates Drive will shift all lot lines several feet narrowing the front property lines. The proposed subdivision and lot line adjustment will result in a non-conforming front lot line width. An Administrative Minor Modification (AMM) is required to reduce the front lot lines by 10% to a possible minimum of 108 feet. Lots #12, #13, #14 and Parcels #1, #2, #3 to have front lot line widths of 110 feet which is less than a 10% reduction from the required 120 foot lot width for the R-1-13 zone. A lot line adjustment is pending review by the City Engineering Department contingent upon approval of the TPM Findings: Tentative Parcel Map Findings are required for the proposed subdivision pursuant to Section 66474 of the California Subdivision Map Act. If any of these findings are not met, the City shall deny approval: 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-1-13 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 ;5 Planning Commission Staff Report June 11, 2014 -- Page 6 Case TPM 36706— Las Palmas Estates 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 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. Administrative Minor Modification 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 56 Planning Commission Staff Report June 11, 2014 -- Page 7 Case TPM 36706— Las Palmas Estates 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% 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. 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-1-13 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. ENVIRONMENTAL DETERMINATION: Pursuant to Section 15315 of the California Environmental Act (CEQA), the project is considered a "Minor Land Division" and is Categorically Exempt. The preparation of further environmental assessment is not necessary since the proposed subdivision meets the standards as stated above. The present request will not result in any new environmental impacts. NOTIFICATION: A public hearing notice was advertised and was mailed to all property owners within 500 feet of the subject property/adjacent property owners as well as relevant neighborhood organizations. As of the writing of this report, staff has not received any comments. 57 Planning Commission Staff Report June 11, 2014 -- Page 8 Case TPM 36706— Las Palmas Estates IeG maker, AICP Ass' nt an er 7 M. WrgoWheeler, FAIL Director of Planning Services Attachments: 1. Vicinity Map 2. Resolution 3. Conditions of Approval 4. Justification Letter from Applicant 5. TPM 36706 6. City Council Staff Report October 16, 2002 7. Conditions of Approval TTM 28966 8. Site Photographs 58 CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION Date: July 16, 2014 Subject: TPM 36706 Las Palmas Estates AFFIDAVIT OF PUBLICATION I, Cynthia A. Berardi , Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun on July 5, 2014. 1 declare under penalty of perjury that the foregoing is true and correct. Cynthia A. Berardi, CMC Deputy City Clerk AFFIDAVIT OF POSTING I, Cynthia A. Berardi, Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office of the City Clerk and on July 3, 2014. 1 declare u er penalty of perjury that the foregoing is true and correct. — /��Jz? Cynt ' A. erardi, CMC Deputy City Clerk AFFIDAVIT OF MAILING I, Cynthia A. Berardi, Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was mailed to each and every person on the attached list on July 3, 2014, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (71 notices) I declare under penalty of perjury that the foregoing is true and correct. Cynthia A. erardi, CMC Deputy City Clerk 5Cl The Desert Sun Certificate of Publication 750 N Gene Autry Trail Palm Springs, CA 92262 760-778-4578/Fax 760-778-4731 -9 I 4 State Of California ss: County of Riverside '_r ' ,^ Advertiser. No 1099 - NOTICE OF PUBLIC'HEARING CITYROUNCIL CITY OF PALM SPRINGS/LEGALS CITY OFPALM SPRINGS', PO BOX 2743 TENTATIVE PARCEL MAP 36706; I LAS PALMAS ESTATES PALM SPRINGS CA 922632 555NORTHVIAMONTEVISTA f ryryOTICE 1S HEREBY GIVEN that the City Council of the Crry Di Palm springs Galdornia,will hold a public hearing at ds rnesting of July 16 1014,The City Counckhreetmg beggins at 6-00 p.m in the Council Chamber at City Hall,3200 East Tahquilz 2000442369 Canyon Way,Palm Springs; The puryryose of the hearing is to consider Case TPM 36706an application Dy Tnpalmsview ProVV- er0es LLC.;owner for a Tantal�ve Parcel Map to subdivide existing lot 10 and Iptline ad1'usim Mfor lot 11 to-create four. single-family.lots in Las Palmer Estates subdivision.The project is located at 555 North Via Monte Vista,Zone f-1-9,Section I am over the age of 18 years old, a citizen of the United States and not a party to, or have interest in this matter. I --em,emmenimPlmeW s.meu . -` ' Ny,Ity Map hereby certify that the attached advertisement appeared -- ". - in said newspaper (set in type not smaller than non panel) t in each and entire issue of said newspaper and not in any I supplement thereof on the following dates, to wit: i' t i Newspaper: .The Desert Sun I „i 7/5/2014 Io.• I CnY OFPMM BP INGB. �9suwmsmnr TJnv ENVIRONMENTAL DETERMINATION Pursuant to Section 15315 of the California Environmental Aq.(CEQA)I-tihe pmlect is considered a 'Minor I acknowledge that 1 am a Lando Divieicn and Is Categorically Exempt.,,The g principal clerk of the printer Of preparation of further environmental assessment The Desert Sun, printed and published weekly in the City is not necessar1yy since the propasosubdivision meats the stantlards as stated above. A Neggative of Palm Springs, County Of Riverside, State of California. beaaraeon,ln coin unction"with.Casa TTM 26g96 The Desert Sun was adjudicated a newspaper of general was 0oreparedfor tltis�ro' under the guidelines of ffie Cal.do nmronmental Quality Act circulation on March 24, 1986 by the Superior Court of the (CEOA)and:,was atlopted by the Planning Cam- nnsslon atthe'ir heeding of Odebee 9,2002. County of Riverside, State of California Case No. REVIEW OF PROJECT INFOR11 MATION. The 191236. staff report and other supporting documents re- garding this,prolect are available for public review at City Hall between the Hours of 8:00 a.m. and 6 00 m.Mdnda through Thursday:Please con - I declare under penalty of perjury that the foregoing is true tact eOipeceof the"City ,Cierkat • (760)323-8204 if you would like to schedule an and correct. Executed on this 5lh day of July, 2014 in appointment to review these documents COMMENT ON THIS APPLICATION: Retiree � Palm Springs,Calif to this notice may be made verbally at the Public Hearing anNor in writing before the Hearing.Writ. ten comments may be made to the City Council.by letter(for mail of hand delivery)to. dames Thompson,Ciy Clerk 31200 E.Tahqudz Can Way Palm Springs CA922B2 `Any challenge of the p oposed project in caurt may 0limited to raising,only those manes raised Dec la nt's SI tiro at a public hearing Qes4dbed in this notice or in 9 written comespondenpe delivered to the City Clerk at or prior to ¢he yublic'hearing (Government I Cadfl echon�500g[bJ[2�)-,,} An apportuntty will be given at said hearing for all interested persons to be heard.Quesudhs regard- m thiscase may be directed to Glenn Mlaker As t Planner at(760)323.8245 , S necesita'ayuda con safe carte {lodavor(lama e• 7 la Ciudad de Palm s5ring9s yy�VVuetle hablaY con NeQne Fagertelefonb(7601323 8245" "James Thompson City Clerk 'Published:715/14 1 ;' -;t7 /06 l C�-s / 4s �571�7w-) Lr /, (� 505-130-010-012 1-5 505-141-001 6 505-141-002 7 505-141-005,505-294-010 ROBERT MARSH ROBERT&ALICE RUSNARCZYK RIVERSIDE COUNTY FLOOD CNTRL 619 ROSE AVE SILVERS 1995 MARKET ST PALM SPRINGS CA 92262 671 ROSE AVE RIVERSIDE CA 92501 PALM SPRINGS CA 92262 505-142-001 8 505-142-002 9 505-142-007 10 MARY JO OHLIN THOMAS &SAPAH MCELROY MATTHEW&CAROLYNN WETHERBEE 28070 BOULDER BRIDGE 121 RIVIERA WAY P O BOX 56478 SHOREWOOD MN 55331 LAGUNA BEACH CA 92651 PORTLAND OR 97230 505-142-008 11 505-143-001 12 505-143-002 13 JON CRAIG GILBERT DOUGLAS KENT SHIRLEY ANN HAMMER 2568 PARK OAK DR 611 N DRY FALLS RD 677 N DRY FALLS RD LOS ANGELES CA 90068 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 505-143-007 14 505-143-008 15 505-144-001 16 ALAIN PERACCA ANDREW C BARNES NANCY L HOUCHEN 699 W REGAL DR 2811 WALLACE ST P O BOX 9194 PALM SPRINGS CA 92262 VANCOUVER BC CANA CALABASAS CA 91372 505-144-002 17 505-144-007 18 505-144-008 19 JOHN AAROE JEFFREY&JENNIFER KLINEFELTER LUC ROGER BERNARD 1330 W WETHERLY DR 28140 BOULDER BRIDGE DR 2450 PARK OAK DR LOS ANGELES CA 90069 EXCELSIOR MN 55332 LOS ANGELES CA 90068 505-145-001 20 505.145-002 21 505-145-003 22 RALPH &JULIE FURRA JACK&SHERRY SISKIN SIDNEY PETER& IDA POTENTE 1418 W BAY AVE 915 W CRESCENT DR 889 CRESCENT DR NEWPORT BEACH CA 92661 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 505-145-004 23 505-145-005 24 505-145-006 25 JOHN ESHAYA BRUCE LAHEY P JEFFREY DAVIS 1243 W TEMPLE ST 69 CONVERSE ST 755 CRESCENT DR LOS ANGELES CA 90026 SAN FRANCISCO CA 94103 PALM SPRINGS CA 92262 505-145-007 26 505-145-008 27 505-145-009 28 STEVEN&KARIN WEBBER P8 LHP IV GARY&JOAN GAND 707 CRESCENT DR 11260 WILBUR AVE#301 2707 GEMINI LN PALM SPRINGS CA 92262 NORTHRIDGE CA 91326 DEERFIELD IL 60015 505-291-001 29 505-291-002 30 505-291-003 31 GREGG S COCCARO JOSEPH E& LISA E LUISI MICHAEL&DEBRA FIELDS 780 VIA MONTE VISTA 696 VIA MONTE VISTA 2043 W BEACH RD PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 OAK HARBOR WA 98277 505-291-004 32 505-291-005 33 505-291-006 34 SIMON SUTTON JAMES D FIELDING SIDNEY &BEVERLY ADAIR 500 CRESCENT DR 2748 N LAKEWOOD AVE#3 777 PATENCIO RD PALM SPRINGS CA 92262 CHICAGO IL 60614 PALM SPRINGS CA 92262 505-294-001 35 505-311-008 36 505-312-002,005,011,013 37-40 ROGER NEUSTADTER ROBERT R&JULIE A FINEGAN HAROLD MATZNER 2800 CITY VIEW ST 588 N PATENCIO RD P O BOX 1717 EUGENE OR 97405 PALM SPRINGS CA 92262 ELMWOOD PARK NJ 7407 505-312-004 41 505-312-007 42 505-312-008 4347 KENNETH B SHELLAN SECURITY TRUST CO 513-060-001,002,513-070-010,013 591 PATENCIO RD 8440 HAROLD WAY CITY OF PALM SPRINGS PALM SPRINGS CA 92262 LOS ANGELES CA 90069 P O BOX 2743 PALM SPRINGS CA 92263 505-312-009 48 505-312-014 49 505-370-001-019 50-68 PALM SPRINGS CEMETERY ASSN HNM INV INC TRIPALMSVIEW PROP 31705 DA VALL 555 N PATENCIO RD P O BOX 2399 CATHEDRAL CITY CA 92234 PALM SPRINGS CA 92262 RANCHO MIRAGE CA 92270 513-070-006 69 513-070-014 70 SECURITY TRUST CO PROMONTORY PARTNER 8440 HAROLD WAY 2638 E KINGS RD LOS ANGELES CA 90069 PALM SPRINGS CA 92264 505-142-001 8 505-142-002 9 505-142-007 10 OCCUPANT OCCUPANT OCCUPANT 621 N HIGH RD 673 N HIGH RD 670 N ROSE AVE PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 505-142-008 II 505-143-007 14 505-143-008 15 OCCUPANT OCCUPANT OCCUPANT 620 N ROSE AVE 644 N HIGH RD 616 N HIGH RD PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 505-144-001 16 505-144-002 17 505-144-007 18 OCCUPANT OCCUPANT OCCUPANT 615 N VIA MONTE VIS#N 665 N VIA MONTE VIS 650 N DRY FALLS RD PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 505-144-008 19 505-145-001 20 505-145-004 23 OCCUPANT OCCUPANT OCCUPANT 610 N DRY FALLS RD 925 W CRESCENT DR 821 W CRESCENT DR PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 505-145-005 24 505-145-008 27 505-145-009 28 OCCUPANT OCCUPANT OCCUPANT 769 W CRESCENT DR 677 W CRESCENT DR 605 W CRESCENT DR PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 505-291-003 31 505-291-005 33 505-294-001 35 OCCUPANT OCCUPANT OCCUPANT 610 N VIA MONTE VIS 701 N PATENCIO RD 481 W MERITO PL PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 505-312-014 49 505-370-001 59 OCCUPANT OCCUPANT 575 N PATENCIO RD 555 N VIA MONTE VIS PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR PETE MORUZZI . . PALM SPRINGS MODERN COMMITTEE LtIKr._ k2CC y.t .. St`.k.. P.O. BOX 4738 • �s PALM SPRINGS, CA 92263-4738 s w CITY OF PALM SPRINGS CASE TPM 36706 :r PLANNING SERVICES DEPARTMENT MRS.JOANNE BRUGGEMANS _ ViAlF1Ci7N G�1 'I' E' -+# 4'I. ATTN SECRETARY/TPM 36706 506 W.SANTA CATALINA ROAD PO BOX 2743 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92263-2743 MS PATRICIA GARCIA MS MARGARET PARK, DIRECTOR TRIBAL HISTORIC PRESERVATION ' 'BAAF AGUA CALIENTE BAND OF CAHUILLA OFFICER INDIANS AGUA CALIENTE BAND OF CAHUILLA PLANNING& DEVELOPMENT DEPT. INDIANS 5401 DINAH SHORE DRIVE 5401 DINAH SHORE DRIVE PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92264 SOBOBA BAND OF LUISENO INDIANS ' z ATTN: JOSEPH ONTIVEROS �r� EE31 DP - w CULTURAL RESOURCES MANAGER 744 ATH STREET WAAllnlAllnl ?< _ ,l;`51 P.O. BOX 487 SAN JACINTO. CA 92581 27107 MR SHAUL MEZRAHI MS VICKY BARBIERI TRIPALMSVIEW LLC THE HERITAGE GROUP 2 P.O. BOX 2399 210 N. CENTRAL AVENUE, STE.200 RANCHO MIRAGE, CA 92270 GLENDALE, CA 91203 MR PHILLIP FOMOTOR FOMOTOR ENGINEERING 225 S. CIVIC DRIVE, STE 1-5 PALM SPRINGS, CA 92262 MS VICKY BARBIERI RETURNED MAIL THE HERITAGE GROUP 135 S. JACKSON STREET, STE. 202 GLENDALE, CA 91205 Cindy Berardi From: Joanne Bruggemans Sent: Thursday, July 03, 2014 2:27 PM To: Old Las Palmas;Vista Las Palmas Cc: Cindy Berardi; Glenn Mlaker Subject: TTM 36706 - Las Palmas Estates Attachments: CC PHN TPM 36706.pdf Please find the attached Public Hearing Notice of the City Council for July 16, 2014 of the proposed project within a Y2 mile of your neighborhood organization. Thank you, 4&441 L Joanne Bruggemans City of Palm Springs Planning Services Department 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 Phone: (760) 323-8245 Fax: (760) 322-8360 Email: ioanne.bruggemans(alpalmspringsca-ci t Kathie Hart From: Glenn Mlaker Sent: Thursday,June 19, 2014 7:10 AM To: Kathie Hart Subject: FW: Las Palmas Estates Kathie, please find below the email from the Las Palmas Estates tract owner—Shaul Mezrahi requesting a public hearing before the Council on July 16`h instead of July 2"d. Have a great Thursday! Glenn From: Shaul Mezrahi fmailto:shaulmezrahi(&amail.com] Sent: Wednesday, June 18, 2014 9:26 PM To: Glenn Mlaker Subject: Re: Las Palmas Estates Hi Glenn, First, I would like to thank you for the amazing work you and your staff team did.The July 16th would work for me. Thanks, Shaul Mezrah! From:Glenn Mlaker<Glenn.Mlaker@palmsprings-ca.goy> Date:Wednesday,June 18, 2014 at 10:44 AM To: Shaul Mezrahi<shaulmezrahi@gmail.com> Cc: Kathie Hart<Kathie.Hart@pa l msp rings-ca.goy> Subject: Las Palmas Estates Hello Shaul, as a follow-up to the Planning Commission recommendation of approval on the Tract Map,the next step would be to take the case to the Council. As we spoke last week, you are requesting a hearing before the City Council on July 16 instead of the next meeting on July 2"d. Can you send me an email confirming the 7/16 date? Thanks-Glenn Glenn Mlaker,AICP Assistant Planner City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs, CA 92262 760-323-8245 t NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS TENTATIVE PARCEL MAP 36706 LAS PALMAS ESTATES 555 NORTH VIA MONTE VISTA NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of July 16, 2014. The City Council meeting begins at 6:00 p.m., in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider Case TPM 36706 an application by Tripalmsview, Properties, LLC., owner for a Tentative Parcel Map to subdivide existing lot 10 and lot line adjustment for lot 11 to create four single-family lots in Las Palmas Estates subdivision. The project is located at 555 North Via Monte Vista, Zone R-1-B, Section 10. ENVIRONMENTAL DETERMINATION: Pursuant to Section 15315 of the California Environmental Act (CEQA), the project is considered a "Minor Land Division" and is Categorically Exempt. The preparation of further environmental assessment is not necessary since the proposed subdivision meets the standards as stated above. A Negative Declaration in conjunction with Case TTM 28996 was prepared for this project under the guidelines of the California Environmental Quality Act (CEQA) and was adopted by the Planning Commission at their hearing of October 9, 2002. REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this project are available for public review at City Hall between the hours of 8:00 a.m. and 6:00 p.m. Monday through Thursday. Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the City Council by letter (for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. (Government Code Section 65009[b][21). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Glenn Mlaker, Assistant Planner, at (760) 323-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. Ames Thompson, City Clerk 60 h�P pPLM S�F N Department of Planning Services wE .. ,� Vicinity Map C•C4[If04N�P 5 R1B RIB R1B K i R1B y R1 A N W = a a R1A CRESCENTOR 2 4 5 w R1B LAS PALMAS ESTATES OR R1A INO DR h PD 020 Legend Q 500 Ft R1A ®Ste Zoning 0 Parcels CITY OF PALM SPRINGS CASE NO: TPM 36706 DESCRIPTION: To consider an application by Tripalmsview Properties, LLC for TPM 36706 to APPLICANT: Tripalmsview Properties, subdivide Lot 10 and adjust Lot 11 of Tract 28966 LLC resulting in four single-family lots; a gain of two lots, at 555 North Via Monte Vista and Las Palmas Drive, Zone R-1-B, Section 10. 61