HomeMy WebLinkAbout23439RESOLUTION NO. 23439
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING A
TENTATIVE PARCEL MAP SUBDIVIDING A ROUGHLY
FIVE (5) ACRE PARCEL INTO TWO CONFORMING LOTS
ON THE NORTH SIDE OF ACANTO ROAD, EAST OF LAS
BRISAS WAY, APN 512-220-006, ALLOTMENT 80C, ZONE
R-1-13, CANYON SOUTH SPECIFIC PLAN, SECTION 35
(IL) (CASE TPM 36431).
WHEREAS, The Bureau of Indian Affairs on behalf of Diana Bow and Lucille
Bow ("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 a roughly five
acre parcel into two lots; and
WHEREAS, a notice of public hearing for Case TPM 36431 was given in
accordance with applicable law; and
WHEREAS, on August 14, 2013, a public hearing on Case TPM 36431 was held
by the Planning Commission in accordance with applicable law; and
WHEREAS, at said hearing, the Planning Commission continued the hearing to
a date certain of September 11, 2013; and
WHEREAS, on September 11, 2013, the City Council carefully reviewed and
considered all of the evidence presented in the hearing and voted unanimously to
recommend approval of the project by the City Council; and
WHEREAS, a notice of public hearing for Case TPM 36431 was given in
accordance with applicable law; and
WHEREAS, on October 2, 2013, a public hearing on Case TPM 36431 was held
by the City Council 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 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.
Resolution No 23439
Page 2
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
SECTION 1. Pursuant to the California Environmental Quality Act (CEQA)
Guidelines, the City Council adopts 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. The proposed Tentative Parcel Map is consistent with all
applicable general and specific plans.
The proposed project is consistent with the General Plan designation of L-2 (Very Low
Density residential), which allows a maximum density of two dwelling units per acre.
The proposal is to create two lots; each approximately 2 acres in area. The project lies
within the Canyon South Specific Plan (CSSP). The CSSP was established to
encourage development of a destination resort hotel and golf course and custom single
family residential development. The proposed parcel map is located in Planning 6 of
the CSSP which is identified as a roughly 178 acre intended for residential uses. (Table
III-1, CSSP).
b. The design and improvements of the proposed Tentative Tract
Map are consistent with the zone in which the property is located.
The subject property is zoned R-1-B (Single Family Residential), which allows one
dwelling unit per 15,000 square feet of lot area. The subdivision proposes two lots each
of which are proposed to be approximately two acres in area. This lot area is consistent
with the R-1-B zoning classification.
C. The site is physically suited for this type of development.
The project site is a relatively flat undeveloped site with street access along Acanto
Road. The size and shape of the parcel is sufficient to create at least two conforming
lots and thus the site is physically suited for this type of development.
d. The site is physically suited for the proposed density of
development.
The project site is roughly 4.99 acres. Maximum density for this area is two dwelling
units per acre pursuant to the General Plan and roughly three dwelling units per acre
pursuant to the R-1-13 zone (15,000 square foot minimum lot size). The proposed
density of the project is one dwelling unit per two acres; well within the maximum
allowable density.
Resolution No. 23439
Page 3
e. The design of the subdivision is not likely to cause environmental
damage or substantially and avoidably injure fish, wildlife, or their
habitats.
The design of the proposed subdivision is a simple two -lot parcel map. The site is not
within a conservation area as designated by the Coachella Valley Multiple Species
Habitat Conservation Plan (CVMSHCP) is not near a watercourse and is in an
urbanized part of the City. The project is not likely to cause environmental damage to
wildlife or their habitat. .
The design of the subdivision or type of improvements is not likely to cause
serious public health problems.
The proposed development is in an urbanized part of the City in which public utilities are
available. The provision of public water service and the existing street provides an orderly
system of both routine and emergency access to the project site.
g. The design of the subdivision or type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of the
property within the proposed subdivision.
There is no known public access across the subject property; therefore, the subdivision
will not conflict with easements for access through or use of the property. All utilities are
located within and around the existing development.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council approves Case TPM 36431 a Tentative Parcel Map subdividing a roughly five
acre parcel into two conforming lots located on the north side of Acanto Road, east of
Las Brisas Way; subject to the attached conditions set forth in Exhibit A.
David H. Ready, CT nager
ATTEST:
mes Thompson, City Clerk
Resolution No. 23439
Page 3
e. The design of the subdivision is not likely to cause environmental
damage or substantially and avoidably injure fish, wildlife, or their
habitats.
The design of the proposed subdivision is a simple two -lot parcel map. The site is not
within a conservation area as designated by the Coachella Valley Multiple Species
Habitat Conservation Plan (CVMSHCP) is not near a watercourse and is in an
urbanized part of the City. The project is not likely to cause environmental damage to
wildlife or their habitat. .
f. The design of the subdivision or type of improvements is not likely to cause
serious public health problems.
The proposed development is in an urbanized part of the City in which public utilities are
available. The provision of public water service and the existing street provides an orderly
system of both routine and emergency access to the project site.
g. The design of the subdivision or type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of the
property within the proposed subdivision.
There is no known public access across the subject property; therefore, the subdivision
will not conflict with easements for access through or use of the property. All utilities are
located within and around the existing development.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council approves Case TPM 36431 a Tentative Parcel Map subdividing a roughly five
acre parcel into two conforming lots located on the north side of Acanto Road, east of
Las Brisas Way; subject to the attached conditions set forth in Exhibit A.
ADOPTED THIS 2No DAY OF OCTORE�_, 2013.
David H. Ready, C nager
ATTEST:
mes Thompson, City Clerk
Resolution No. 23439
Page 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Resolution No. 23439 is a full, true, and correct copy, and was
adopted at a regular meeting of the City Council held on October 2, 2013, by the
following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Lewin,
Mayor Pro Tem Mills, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
?mes Thompson, City Clerk
City of Palm Springs, California J oleolzoI s
EXHIBIT A
Case TTM 36431
A two -lot parcel map
on the north side of Acanto Road, east of Las Brisas Way
(APN: 512-220-006; ALLOTMENT 80C, ZONE R-1-13; SECTION 35 (IL)
October 2, 2013
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
36431; except as modified with the approved Mitigation Monitoring Program
and the conditions below;
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped May 6, 2013, on file in the
Planning Division except as modified by the approved Mitigation Measures
and conditions below.
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 Mai. This approval is for Tentative Parcel Map 36431 located on
the north side of Acanto Road, east of Las Brisas, date stamped May 6, 2013.
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.
October 2, 2013
Case TPM 36431
ADM 6. Indemnification. The owner shall defend, indemnify, and hold harmless the
City of Palm Springs, its agents, officers, and employees from any claim,
action, or proceeding against the City of Palm Springs or its agents, officers
or employees to attach, set aside, void or annul, an approval of the City of
Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case TPM 36431. 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. Riaht to AoDeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00. Permits will not be issued until the appeal period has
concluded.
ADM 10. Tribal Fees Reauired. As the property is Indian reservation land, fees as
required by the Agua Caliente Band of Cahuilla Indians Tribal Council,
October 2, 2013
Case TPM 36431
including any applicable habitat conservation plan fees shall be paid prior to
consideration of this project by the Planning Commission.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Tribal Habitat Conservation Plan (THCP) Fee reauired. All projects within the
City of Palm Springs, within the Agua Caliente Band of Cahuilla Indians
reservation are subject to payment of the Tribal Habitat Conservation Plan
prior to the issuance of certificate of occupancy.
ENV 2. Notice of Exemption. The project is exempt from the California Environmental
Quality Act (CEQA); therefore, an administrative fee of $64 shall be submitted
by the applicant in the form of a money order or a cashier's check payable to
the Riverside County Clerk within two business days of the Commission's
final action on the project. This fee shall be submitted by the City to the
County Clerk with the Notice of Exemption. Action on this application shall
not be considered final until such fee is paid (projects that are Categorically
Exempt from CEQA).
ENV 3. 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 Davable to the
Riverside Countv 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.dfa.ca.aov for more information.
ENV 4. Cultural Resource Survev Reauired. 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 5. Cultural Resource Site Monitorina. 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 6. 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
October 2, 2013
Case TPM 36431
Indian Cultural Office for additional information on the use and availability of
Cultural Resource Monitors. Should buried cultural deposits be encountered,
the Monitor shall contact the Director of Planning. After consultation the
Director shall have the authority to halt destructive construction and shall
notify a Qualified Archaeologist to further investigate the site. If necessary,
the Qualified Archaeologist shall prepare a treatment plan for submission to
the State Historic Preservation Officer and Agua Caliente Cultural Resource
Coordinator for approval.
b). Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record search
results and site records/updates shall be forwarded to the Tribal Planning,
Building, and Engineering Department and one copy to the City Planning
Department prior to final inspection.
PLANNING DEPARTMENT CONDITIONS
PLN 1. 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 Parkina. 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. The document to convey title.
b. Deed restrictions, easements, covenant conditions and restrictions that
are to be recorded.
c. The approved documents shall be recorded at the same time that the
subdivision map is recorded. The documents shall contain provisions for
joint access to the proposed parcels and open space restrictions. The
approved documents shall contain a provision which provides that they
may not be terminated or substantially amended without the consent of
the City and the developer's successor -in -interest.
PLN 4. (add anv additional conditions imposed by the Plannino Commission or Citv
Council here)
October 2, 2013
Case TPM 36431
POLICE DEPARTMENT CONDITIONS
Pot_ 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.
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer.
GENERAL
ENG 1. Applicant shall obtain right-of-way to provide legal access on the south side of W.
Acanto Road 44 feet south of the section line. Legal access must be maintained
for Amended Tract No. 16623, as well as Assessor's Parcel No. 686-050-001.
STREETS
ENG 2. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
ENG 3. Submit street improvement plans prepared by a registered California civil
engineer to the Engineering Division. The plan(s) shall be approved by the City
Engineer prior to issuance of any building permits.
ENG 4. When public dedications of easements or rights -of -way over Tribal Allottee land
are required, the applicant shall be responsible for compliance with all Bureau of
Indian Affairs (B.I.A.) requirements, including payment of any BIA fees. It is the
applicant's responsibility to determine what additional costs or other
requirements may be necessary to obtain any required public dedications as
identified by the City for this development. Required public dedications for
easements or rights -of -way are "without limitation as to tenure'; easements
granted with a defined term, or made in connection with an underlying Indian
Land Lease, shall not be accepted.
ENG 5. Upon completion of required improvements by the applicant, and as a condition
of acceptance by the City Engineer, the applicant shall prepare for the City
Engineer's approval, an Affidavit of Completion in accordance with Section
October 2, 2013
Case TPM 36431
169.16, Title 25, of the Code of Federal Regulations, for any improvements
constructed by the applicant for which an easement was dedicated to the City
through the Bureau of Indian Affairs. The Affidavit of Completion shall be
provided to and approved by the City Engineer prior to final acceptance of the
public improvements. The applicant shall be responsible for obtaining the
necessary form for the Affidavit of Completion from the Palm Springs Agency of
the Bureau of Indian Affairs, and for having it completed as necessary by the
applicant's Engineer of Record.
ENG 6. A Road and Bridge Impact Fee of $2,704 per single family residential unit; as
well as a Fire Station Fee of $469.00 per acre for single family residential units
shall be paid (or as may be adjusted annually) in accordance with Chapter
9.69.040 and 9.69.060 of the Palm Springs Municipal Code, shall be paid prior to
issuance of a building permit.
WEST ACANTO ROAD
ENG 7. Dedicate a half street right-of-way of 34 feet north of section line along the entire
frontage, by separate instrument.
ENG 8. Applicant shall dedicate a 20 feet wide equestrian and landscape easement
behind (north of) the proposed curb.
ENG 9. Construct a 6 inch curb and gutter, 4 feet north of section line to match existing
curb and gutter west of the site, along the entire frontage in accordance with City
of Palm Springs Standard Drawing No. 200.
ENG 10. Note that work south of the section line is not located in the City of Palm Springs.
Applicant shall obtain appropriate permits from the governing jurisdiction prior to
plan approval.
ENG 11. Construct pavement with a minimum pavement section of 3 inches asphalt
concrete pavement over 6 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, from edge of
proposed gutter to clean sawcut edge of pavement (1 foot south of section line)
along the entire frontage in accordance with City of Palm Springs Standard
Drawing No. 110 and 325. Applicant shall match existing asphalt concrete
pavement adjacent to the southwest corner of the site parcel and the proposed
street section shall be 36 feet between the north and south faces of curb. If an
alternative pavement section is proposed, the proposed pavement section shall
be designed by a California registered Geotechnical Engineer using "R" values
from the project site and submitted to the City Engineer for approval.
ENG 12. All broken or off grade street improvements shall be repaired or replaced.
October 2, 2013
Case TPM 36431
SANITARY SEWER
ENG 13. All sanitary facilities shall be connected to the public sewer system. New laterals
shall not be connected at manholes.
ENG 14. Submit sewer improvement plans prepared by a California registered civil
engineer to the Engineering Division. The plan(s) shall be approved by the City
Engineer prior to issuance of any building permits.
ENG 15. Construct an 8 inch V.C.P. sewer main across the entire W. Acanto Road
frontage located 14 feet north of centerline or as required by the City Engineer
and connect to the existing public sewer manhole located adjacent to the
southwest corner of the site parcel (Assessor's Parcel No. 512-220-006.) All
sewer mains constructed by the applicant and to become part of the public sewer
system shall be digitally video recorded by the City prior to acceptance of the
sewer system for maintenance by the City. Any defects of the sewer main shall
be removed, replaced, or repaired to the satisfaction of the City Engineer prior to
acceptance.
ENG 16. The on -site private sewer lateral shall not connect to the existing sewer manhole
located adjacent to the southwest corner of the site. The on -site sewer system
shall connect to the sewer main with a standard sewer lateral connection in
accordance with City of Palm Springs Standard Drawing No. 405.
ENG 17. The project is subject to a sewer assessment fee of $146.19 per lot for
construction of the 15" sewer main in Avenida Granada, Calle Palo Fierro and
Laverne Way. The fee shall be paid prior to issuance of the building permit.
ENG 18, Upon completion of the construction of public sewer lines, an as -built drawing in
digital format shall be provided to the City as required by the City Engineer, if the
sewer was not constructed in accordance with the original approved sewer plans.
MAP
k
ENG 19. A Parcel Map shall be prepared by a California registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for review and
approval. A Title Report prepared for subdivision guarantee for the subject
property, the traverse closures for the existing allotted parcel (no. 80C) and all
lots created therefrom, and copies of record documents shall be submitted with
the Parcel Map to the Engineering Division as part of the review of the Map. The
Parcel Map shall be approved by the City Council prior to issuance of building
permits.
ENG 20. In accordance with Government Code 66411.1 (a), all required public
improvements shall be listed in an Improvement Certificate on the Parcel Map
and clearly noted that the required public improvements will be the minimum
October 2, 2013
Case TPM 36431
development requirements for Parcels 1 and 2 of Tentative Parcel Map No.
36431, but shall be completed prior to issuance of a building permit on either of
the two proposed parcels.
ENG 21, Upon approval of a parcel map, the parcel map shall be provided to the City in
G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission"
from the Riverside County Transportation and Land Management Agency." G.I.S.
digital information shall consist of the following data: California Coordinate
System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file);
lot lines, rights -of -way, and centerlines shown as continuous lines; full map
annotation consistent with annotation shown on the map; map number; and map
file name. G.I.S. data format shall be provided on a CDROM/DVD containing the
following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or
Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation
drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe
Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital
data to be submitted to the City may be authorized, upon prior approval of the
City Engineer.
TRAFFIC
ENG 22. All damaged, destroyed, or modified pavement legends, traffic control devices,
signing, striping, and street lights, associated with the proposed development
shall be replaced as required by the City Engineer prior to issuance of a
Certificate of Occupancy.
ENG 23. Submit traffic striping and signage plans for W. Acanto Road, prepared by a
California registered civil engineer, for review and approval by the City Engineer.
All required traffic striping and signage improvements shall be completed in
conjunction with required street improvements, to the satisfaction of the City
Engineer, and prior to acceptance of the public street improvements by the City.
ENG 24. Construction signing, lighting and barricading shall be provided during all phases
of construction as required by City Standards or as directed by the City Engineer.
As a minimum, all construction signing, lighting and barricading shall be in
accordance with Part 6 `Temporary Traffic Control' of the California Manual on
Uniform Traffic Control Devices for Streets and Highways, dated September 26,
2006, or subsequent editions in force at the time of construction.
FIRE DEPARTMENT CONDITIONS
(none at this time)
END OF CONDITIONS