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HomeMy WebLinkAbout6/29/2005 - STAFF REPORTS c U N f % �9nONiEO ,' # �gt'F°RN,P City Council Staff Report DATE: June 29, 2005 Public Hearing SUBJECT: CASE TTM32806 - TTM - APPLICATION BY PSP HANGERS I, LLC FOR A TENTATIVE TRACT MAP TO CREATE A ONE LOT, CONDOMINIUM MAP FOR THE EXISTING TWO COMMERCIAL BUILDINGS WITH EIGHT HANGERS IN EACH BUILDING, LOCATED AT 3400 EAST TAHQUITZ CANYON WAY (PALM SPRINGS AIRPORT), ZONE A, SECTION 18, APN 677270026 AND 677270027. FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY The subject property is approximately 2.54 acres. The proposed Tentative Tract Map will create a one lot, commercial condominium map for the existing two commercial buildings, which contain eight individual hangers in each building for a total of sixteen hangers. Per Section 66424 of the Subdivision Map Act, "subdivision is the division of any units of improved or unimproved land for the purposes of sale, lease or financing. Therefore the proposed Tentative Tract Map is to create a condominium map for the purposes of a long-term lease. The subject property is located within the Palm Springs International Airport property. This land cannot be sold, rather a long-term lease must be entered. So that the owners of the commercial hangers can sell or lease the individual hangers, a subdivision map is required. RECOMMENDATION: 1. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING TENTATIVE TRACT MAP 32806 FOR PS HANGERS I, LLC FOR THE CREATION OF A ONE LOT, COMMERCIAL CONDOMINIUM MAP ON APPROXIMATELY 2.54 ACRES, AT 3400 EAST TAHQUITZ CANYON WAY, ZONE A, SECTION 18, APN 677270026 AND 677270027." Item No. 1 .A. City Council Staff Report June 29, 2005 -- Page 2 Case TTM32806 STAFF ANALYSIS: The subject property is located within the Palm Springs International Airport property, is consistent with the General Plan. Policy 3.31.7 provides for the development of uses which are reasonably necessary for the proper operation of an airport in the area designated as Airport including hangers. The proposed Tentative Tract Map does not change the use of the land as hangers. The proposed Tentative Tract Map does not change the already constructed box hangers; therefore is consistent with the General Plan, Airport Master Plan, and Zoning Ordinance. General Plan Policy 3.31.7 provides for the development of uses which are reasonably necessary for the proper operation of an airport in the area designated as Airport including hangers. Airport Master Plan page 3.36 discusses the need for hangers. The A Zone does not require a minimum lot area, width or depth. The sixteen box hangers in two commercial buildings were approved by the Planning Commission on April 28, 2004 and are currently built or under construction. The proposed Tentative Track Map does not propose changing any of the existing development; rather the Tentative Track Map is for financial purposes only. There will be no additional vehicle or visual impacts to the surrounding ,area. The proposed tentative Tract Map does not include any changes or additions to the existing buildings. This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15332 (in-Fill Development). The proposed Tentative Tract Map meets the conditions outlined for in-fill development. FISCAL IMPACT: No fiscal impact. Norm Canchola, Director of Planning Services David H. Ready, Cites anager Attachments: City Council Vicinity Map City Council Draft Resolution City Council Draft Conditions of Approval Copy of Planning Commission Staff Report Copy of Planning Commission Resolution Copy of Planning Commission Conditions of Approval City Council Staff Report June 29, 2005 -- Page 3 Case TTM32806 Department of Planning Services V _ N E L SJ'icinity Map 0 0 J W U J W A\/I ATI ON VVY c7 Legend ® SITE �400'_R.diu s CITY OF PALM SPRINGS CASE NO.: TTM32806 DESCRIPTION: Tentative Tract Map An application by PSP Hangers I, LLC for a one lot condominium map for the existing hangers. Located at APPLICANT: PSP Hangers I, LLC Palm Springs Airport, Zone A, Section 18. City Council Staff Report June 29, 2005 -- Page 4 Case TTM32806 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING TENTATIVE TRACT MAP 32806 FOR PS HANGERS I, LLC FOR THE CREATION OF A ONE LOT, COMMERCIAL CONDOMINIUM MAP ON APPROXIMATELY 2.54 ACRES, AT 3400 EAST TAHQUITZ CANYON WAY, ZONE A, SECTION 18, APN 677270026 AND 677270027. WHEREAS, PS Hangers I, LLC. (the "Applicant') has filed an application with the City pursuant the Palm Springs Municipal Code Section 9.60 for a Tentative Tract Map for the creation of a one lot, commercial condominium map on approximately 2.54 acres, at 3400 East Tahquitz Canyon Way, Zone A, Section 18; and WHEREAS, the Applicant has filed Tentative Tract Map 32806 with the City and has paid the required filing fees; and WHEREAS, said Tentative Tract Map was submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comments, and requirements; and WHEREAS, notice of the public hearing of the Planning Commission of the City of Palm Springs to consider Tentative Tract Map 32806, was given in accordance with applicable law; and WHEREAS, on June 8, 2005, a public hearing on the application for Tentative Tract Map 32806 was held by the Planning Commission in accordance with applicable law; and WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to consider Tentative Tract Map 32806, was given in accordance with applicable law; and WHEREAS, on July 6, 2005, a public hearing on the application for Tentative Tract Map 32806 was held by the City Council in accordance with applicable law; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the Project, including but not limited to the staff report, and all written and oral testimony presented. ADOPTED THIS 6th day of July, 2005. David H. Ready, City Manager ATTEST: James Thompson, City Clerk June 29, 2005 -- Page 5 Case TTM32806 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 0'_s 0015 City Council Staff Report June 29, 2005 -- Page 6 Case TTM32806 EXHIBIT A TENTATIVE TRACT MAP 32806 PSP HANGERS I, LLC 3400 EAST TAHQUITZ CANYON WAY CONDITIONS OF APPROVAL JULY 6, 2005 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. PROJECT SPECIFIC CONDITIONS PLANNING: 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 employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case TTM 32806. 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 judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation 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 9:_:6-`3tg' City Council Staff Report June 29, 2005 -- Page 7 Case TTM32806 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. 4. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total valuation for individual single- family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. CC&R's 5. The applicant shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning Services for approval in a form approved by the City Attorney, which shall be recorded prior to approval of a final map. 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. 6. The applicant shall submit to the City of Palm Springs, a deposit in the amount of$10,000.00, for the review of the CC&R's by the City Attorney. A $2,000.00 filing fee shall also be paid to the City Planning Department for administrative review purposes. 7. The appeal period for a Tentative Tract Map application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. POLICE DEPARTMENT: 8. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. FIRE DEPARTMENT: 9. All Fire Department codes and regulations must be met before Final Map. ENGINEERING: 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. MAP 10. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title 0 . 0%07 City Council Staff Report June 29, 2005 -- Page 8 Case TTM32806 Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. City Council Staff Report June 29, 2005 -- Page 9 Case TTM32806 DATE: June 8, 2005 TO: Planning Commission FROM: Director of Planning Services Case TTM32806 - TTM -Application by PSP Hangers I, LLC for a Tentative Tract Map to create a one lot, condominium map for the existing two commercial buildings with eight hangers in each building, Located at 3400 East Tahquitz Canyon Way (Palm Springs Airport), Zone A, Section 18, APN 677270026 and 677270027. RECOMMENDATION: That the Planning Commission recommend approval to the City Council of Tentative Tract Map 32806 for the creation of a one lot, commercial condominium map on approximately 2.54 acres for the existing two commercial buildings with eight hangers in each building, at 3400 East Tahquitz Canyon Way, Zone A, Section 18. BACKGROUND: The subject property is approximately 2.54 acres. The proposed Tentative Tract Map will create a one lot, commercial condominium map for the existing two commercial buildings, which contain eight individual hangers in each building for a total of sixteen hangers. Per Section 66424 of the Subdivision Map Act, "subdivision is the division of any units of improved or unimproved land for the purposes of sale, lease or financing. Therefore the proposed Tentative Tract Map is to create a condominium map for the purposes of a long-term lease. The subject property is located within the Palm Springs International Airport property. This land cannot be sold, rather a long-term lease must be entered. So that the owners of the commercial hangers can sell or lease the individual hangers, a subdivision map is required. ANALYSIS: The subject property is located within the Palm Springs International Airport property, is consistent with the General Plan. Policy 3.31.7 provides for the development of uses which are reasonably necessary for the proper operation of an airport in the area designated as Airport including hangers. The proposed Tentative Tract Map does not change the use of the land as hangers. The proposed Tentative Tract Map does not change the already constructed box hangers; therefore is consistent with the General Plan, Airport Master Plan, and Zoning Ordinance. General Plan Policy 3.31.7 provides for the development of uses which are reasonably necessary for the proper operation of an airport in the area designated as Airport including hangers. Airport Master Plan page 3.36 discusses the need for hangers. The A Zone does not require a minimum lot area, width or depth. The sixteen box hangers in two commercial buildings were approved by the Planning Commission on April 28, 2004 and are currently built or under construction. The proposed 6 ;A'tt'v5 City Council Staff Report June 29, 2005 -- Page 10 Case TTM32806 Tentative Track Map does not propose changing any of the existing development; rather the Tentative Track Map is for financial purposes only. There will be no additional vehicle or visual impacts to the surrounding area. The proposed tentative Tract Map does not include any changes or additions to the existing buildings. ENVIRONMENTAL ANALYSIS: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15332 (in-Fill Development). The proposed Tentative Tract Map meets the conditions outlined for in-fill development. NOTIFICATION: A public hearing notice was published in the Desert Sun newspaper. A public hearing notice was sent to the neighboring properties within a four hundred foot (400') radius. Staff has not received any written correspondences and/or phone calls at the time this staff report was written. ATTACHMENTS 1. Vicinity Map 2. Draft Resolution 3. Draft Conditions of Approval YJ�.✓�L�Pn�Y City Council Staff Report June 29, 2005 -- Page 11 Case TTM32806 Department of Planning Services w N E Vicinity Map s 0 c < J W U J W AV'I ATI ON VVY n_ C Legend ® SITE Q400'_P.adius J CITY OF PALM SPRINGS CASE NO.: TTM32806 DESCRIPTION: Tentative Tract Map An application by PSP Hangers I, LLC for a one lot condominium map for the existing hangers. Located at APPLICANT: PSP Hangers I, LLC Palm Springs Airport, Zone A, Section 18. i F,PLMSpP City of Palm Springs Office of the City Clerk i V•�'�„e,,,a..,P, P. O. Box 2743 '<iFonN` Palm Springs, California 92263-27,6 I,IT1 f l7 . ., ; F ) ALH r rnPIM :; 20o5 ,o,i If 20 IF,i 2: 19 J ,, _ 677-270-026 City Of Palm Springs •1- !I PO Box 2743 Palm Springs, CA 92263 �v pPLM � City of Palm Springs ; N Office of the City Clerk a�-i- �f P. O. Box 2743 r'T CIP�)'G�I),I°I SrnRli'v�%;; s' 17 ggFORNs Palm Springs,California 92263-274 �'. 20D5 JRKI 20 NI 2- i 9 677-270-030 City Of Palm Springs .F-•f1' PO Box 2743 Palm Springs, CA 92263 "~ a Office of the lCity rlc Springs - R `[.Li O A ( I\. P. O. Box 2743 ` •. c!,oP 17 � . q<rpOµN` Palm Springs, California 92�6)3T2``74,1�' I''F!'I''") `I `"� �`.. 0 J)- JtFN El2: 17 691agw5 50 0-029 J� Ca Sou PO Box rings Palm Spr?ngs, CA 92263 —xt- F ^, City of Palm Springs P.) Office of the City Cleric ;(:".'i ¢� JUN - PO. Box 2743 CITYC 'F r�aftLi^4 5r'fvii'JG9� Cq` P �woas'' Palm Springs, California 92263-27{�43 �t p (� 2Q05 w�U,J 20 f !I 2: � 1 677-270-025 City of Palm Springs PO Box 2743 Palm Springs, CA 92263 Fcnim spy City of Palm Springs Office of the City Cleric17 JUN PO. Box 2743 I Y 0;"' PALF1 S1-'�rH-IGS 't)BS �;•' q�ir-o nN` Palm Springs, California 922�3-2743 ----- 2005 JUIN20 N12: 19 : I '.' �^^`)4105 677-270-029 'I A City of Palm Springs PO Box 2743 palm Springs, CA 92263 <::�:.......... ........_.,..: .•._.; 1.1:�„-4M1-„-1?_.�s —lLj-1,_._s Pw`Ms, City of Palm Springs ° offic 0. e f the CityCleric IT A � i7 JUN s C 1; a °44 Palm Springs,California 92263-2743 2005 JUN 20 117 '� � � i..,,c,a�, 677-270-027 �.A. City Of Palm Springs PO Box 2743 Palm Springs, CA 92263 NEIGHBORHOOD COALITION MR BILL DAVIS AND M1 Irl CASE NO.TTM 32806 MR PETER DIXON MS TRISHA DAVIS CITY COUNCIL MEETING TENNIS CLUB AREA TENNIS CLUB AREA 06.29.05 431 SOUTH MONTE VISTA DRIVE 3375 FOOTHILL ROAD, #821 PALM SPRINGS CA 92262 CARPINTERIA, CA 93013 MR FRANK TYSEN C/O CASA CODY COUNTRY INN MS CHRISTINE HAMMOND MR BOB WEITHORN SMALL HOTELS TAHQUITZ RIVER ESTATES TENNIS CLUB/SMALL HOTELS 175 SOUTH CAHUILLA ROAD 1155 SOUTH CAMINO REAL 261 SOUTH BELARDO ROAD PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 MR TIM HOHMEIER MS ROXANN PLOSS MR PHIL TEDESCO DEEPWELL OLD LAS PALMAS DEEPWELL RANCH 1387 CALLE DE MARIA 930 CHIA 335 BIG CANYON DRIVE PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 MR MARSHALL ROATH MS SHERYL HAMLIN HISTORIC TENNIS CLUB AREA 565 WEST SANTA ROSA DRIVE PALM SPRINGS CA 92262 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA INDIANS I I I I I I INDIANS 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 CITY OF PALM SPRINGS CASE NO. TTM 32806 PLANNING&ZONING DEPT MRS JOANNE BRUGGEMANS VERIFICATION NOTICE I 1 I ATTN SECRETARY 506 W SANTA CATALINA ROAD PO BOX 2743 PALM SPRINGS CA 92262 PALM SPRINGS, CA 92263-2743 MR. MICHAEL DUNN MR. BRAD HENDERSON PSP HANGARS I, LLC AVIATION DEVELOPMENT GROUP SPONSORS 1 1 1 2939 OHIO WAY 5677 COUNTY ROAD,#106 DENVER, CO 80209 ELBERT, CO 80106 MR.JOHN SANBORN CASE NO. TTM 32806 SANBORN A/E, INC. MR PETE MORUZZI 1227 S. GENE AUTRY TRAIL,#C HISTORIC SITE REP 1 1 1 PALM SPRINGS MODERN COMMITTEE PALM SPRINGS, CA 92264 PO BOX 4738 PALM SPRINGS CA 92263-4738 r lei TT/f 3 ,�Y©C /h0"'f 502-100-017 5C2-100-029 502-100-035 Ap Palm Springs Airport Ca Sou Kenneth R & Vanessa Copeland 12383 Lewis St 200 PO Box 2743 9334 Hayvenhurst Ave Garden Grove, CA 92840 Palm Springs, CA 92263 North Hills, CA 91343 502-100-036 502-100-038 677-270-022 Pond Walter H Annenberg Flight S Signature 64725 Acanto Dr 150 N Radnor Chester Rd 210 N E1 Cielo Rd Palm Springs, CA 92264 Radnor, PA 19087 Palm Springs, CA 92262 677-270-025 677-270-026 677-270-027 City Of Palm Springs City Of Palm Springs City Of Palm Springs PO Box 2743 ' PO Box 2743 PO Box 2743 Palm Springs, CA 92263 Palm Springs, CA 92263 Palm Springs, CA 92263 677-270-029 677-270-030 *** 11 Printed *** City Of Palm Springs City Of Palm Springs PO Box 2743 PO Box 2743 Palm Springs, CA 92263 Palm Springs, CA 92263 City Council Staff Report June 29, 2005 -- Page 12 Case TTM32806 RESOLUTION NO. THAT THE PLANNING COMMISSION RECOMMEND TO CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP 32806 FOR THE CREATION OF A ONE LOT, COMMERCIAL CONDOMINIUM MAP ON APPROXIMATELY 2.54 ACRES, AT 3400 EAST TAHQUITZ CANYON WAY, ZONE A, SECTION 18, APN 677270026 AND 677270027. WHEREAS, PS Hangers I, LLC. (the "Applicant') has filed an application with the City pursuant the Palm Springs Municipal Code Section 9.60 for a Tentative Tract Map for the creation of a one lot, commercial condominium map on approximately 2.54 acres, at 3400 East Tahquitz Canyon Way, Zone A, Section 18; and WHEREAS, the Applicant has filed Tentative Tract Map 32806 with the City and has paid the required filing fees; and WHEREAS, said Tentative Tract Map was submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comments, and requirements; and WHEREAS, notice of the public hearing of the Planning Commission of the City of Palm Springs to consider Tentative Tract Map 32806, was given in accordance with applicable law; and WHEREAS, on June 8, 2005, a public hearing on the application for Tentative Tract Map 32806 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the meeting 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 CEQA, the Planning Commission finds that, Tentative Tract Map 32806 is categorically exempt from environmental assessment per Section 15332 (In-Fill Development) of the California Environmental Quality Act (CEQA). Section 2: Pursuant to Government Code Section 66474 (Subdivision Map Act), the Planning Commission finds that with the incorporation of those conditions attached in Exhibit A: 1. The proposed Tentative Map is consistent with applicable general and specific plans. The subdivision is consistent with the General Plan and Airport Master Plan. General Plan Policy 3,31.7 provides for the development of hangers in the designated Airport area. The Airport Master Plan (page 3.36) discusses the need for hangers. The Tentative Tract Map does not change the already approved box hangers. 2. The design of improvement of the proposed subdivision is consistent with the General Plan and any applicable Specific Plan. Pursuant to Government Code Section 66473.5 the Planning Commission finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, polices, and general land uses and program provided in the City's General Plan. All street, drainage, and utilities improvements will be constructed to the standards of the General Plan and Conditions of Approval associated with TTM 32806. The subdivision and the provisions for its design and improvements are compatible with the Airport Master Plan. The subdivision does not change the already approved and constructed box hangers. The subdivision is for financial purposes only, so that City can enter into a long-term lease agreement with a lessee. 3. The site is physically suitable For the type and density of development contemplated by the proposed subdivision. The subject property is physically suitable for the type and density of development. The tentative Tract Map will create a one lot, commercial condominium lot of approximately 2.54 acres. The proposed project does not change the density that already exists and is surrounded by airport facilities. 4. The design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. The design of the subdivision is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. The subdivision is located within the airport, which is fully developed. The airport is surrounded by fully improved streets and fully developed properties. 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision and proposed improvements must comply with the conditions of approval including, but not limited to, the application of the Uniform Building Code Seismic Safety Standards, and the City of Palm Springs Fugitive Dust Control Ordinance in order to ensure public health and safety. M' ..'Q:J City Council Staff Report June 15, 2005 -- Page 14 Nuisance Abatement Proceedings 6. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The applicant will be required to construct on and off-site improvements. Therefore the design and the type of improvements proposed will not conflict with easements acquired by the public at large. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby recommends that the City Council approve Tentative Tract Map 32806, subject to those conditions set forth in the attached Exhibit A. ADOPTED this 8th day of June, 2005. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Chairman of the Planning Commission Secretary of the Planning Commission City Council Staff Report June 15, 2005 -- Page 15 Nuisance Abatement Proceedings EXHIBIT A TENTATIVE TRACT MAP 32806 PSP HANGERS I, LLC 3400 EAST TAHQUITZ CANYON WAY CONDITIONS OF APPROVAL JUNE 8, 2005 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. PROJECT SPECIFIC CONDITIONS PLANNING: 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 employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case TTM 32806. 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 judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation 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 City Council Staff Report June 15, 2005 -- Page 16 Nuisance Abatement Proceedings 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. 4. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. CC&R's 5. The applicant shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning Services for approval in a form approved by the City Attorney, which shall be recorded prior to approval of a final map. 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. 6. The applicant shall submit to the City of Palm Springs, a deposit in the amount of$10,000.00, for the review of the CC&R's by the City Attorney. A $2,000.00 filing fee shall also be paid to the City Planning Department for administrative review purposes. 7. The appeal period for a Tentative Tract Map application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. POLICE DEPARTMENT: 8. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. FIRE DEPARTMENT: 9. All Fire Department codes and regulations must be met before Final Map. ENGINEERING: 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. MAP City Council Staff Report June 15, 2005 -- Page 17 Nuisance Abatement Proceedings 10. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. OF PALM S City of Palm Springs V � * * Office of the City Cleric s anoap7Eo 3200 Tahgmcz Canyon Way• Palm Springs,CaEfouva 92262 �q�{TO R� TEL (760)323-8204 • Too (760)864-9527 AFFIDAVIT OF MAILING NOTICES I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing to consider an application by PSP Hangers I, LLC, a Tentative Tract Map to create one lot condominium map for existing hangers, located at the Palm Springs International Airport, Zone A, Section 18, at 6:00 p.m., on Wednesday, June 29, 2005. A copy of said notice was mailed to each and every person set forth on the attached list on the 16th day of June, 2005, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (27 notices) I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 17th day of June, 2005. Y T-HOMPSON Clerk Post Office Box 2743 • Palm Springs, California 92263-2743 CITY COUNCIL CITY OF PALM SPRINGS NOTICE OF PUBLIC HEARING CASE NO. TTM32806 TENTATIVE TRACT MAP PSP HANGERS I, LLC PALM SPRINGS AIRPORT NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of June 29, 2005. 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 TTM32806 an application by PSP Hangers I, LLC. The proposed project involves a Tentative Tract Map to create a one lot condominium map for the existing hangers. The proposed project is located at the Palm Springs Airport, Zone A, Section 18. This project is categorically exempt from environmental review pursuant to Section 15332 (In-Fill Development) of the California Environmental Quality Act (CEQA), whereas the proposed project meets the conditions outlined for in-fill development. 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 (mail or hand delivery) to: James Thompson, City Clerk City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at or prior to the meeting. Notice of Public Hearing is being sent to all property owners within four hundred (400) feet of the subject property. An opportunity will be given at said hearings for all interested persons to be heard. Questions regarding this case may be directed to Matthew Feske, Department of Planning Services, (760) 323-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger (760) 323-8364. Thompson?es Clerk N}� Department of Planning Services WQ�E �R Vicinity Map + rLU AVIATION WY y - c-� Legend SITE 1=400'_Radius CITY OF PALM SPRINGS CASE NO.: TTM32806 DESCRIPTION: Tentative Tract Map An application by PSP Hangers I, LLC for a one lot condominium map for the existing hangers. Located at APPLICANT: PSP Hangers I, LLC Palm Springs Airport, Zone A, Section 18. ff tt r�C E9�'; d:) ^iT�1' t,)' t I CF,, J?'i1�14�IJ:5 2005 AN 29 Ail u• 2,13 PROOF OF PUBLICATION This is space for Cenntylq-'lejk',F)un's)omP (2015.5.C.C.P) No. 2571 STATE OF CALIFORNIA CITY COUNCIL CITY OF PALM SPRINGS County of Riverside NO3TICE OF PUBLIC HEARING CASE NO. TTM32806 TENTATIVE TRACT MAP PSP HANGERS I, LLC PALM SPRINGS AIRPORT NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Spnngs, California, will bold a I am a citizen of the United States and a resident of public hearing at its meeting of June 20, 2005. The City Council meetn hegIns at 600 P.P. in the County aforesaid;I am over the age of eighteen the Couneil Chamber at City Hall, aeon East Tah- gmtz Canyon Way, Palm Springs.years,and not a party to or interested in the The purpose of the hearing is to consider Case above-entitled matter.I am the principal clerk of a TTM32806 an application by PSP Rangers I, LLG tinter of the,DESERT SUN PUBLISHING The proposed project involves a Ientauve Tract p Map to or cate e one let condominium map far the COMPANY a newspaper of general circulation, existing hangers.The proposed proleat is looted at the Palm Springs Airport, Zone Fl, Suction 13. printed and published in the city of Palm Springs, This project is categoneally exempt from envimn- County of Riverside,and which newspaper has been mental review pursuant to Section 15332 (Jr,-Fill adjudged a newspaper of general circulation b the Development)(C of the wheCalreas the proposEnvinoed mental J gg Y Quality Act nt)of ,whereas the proposed p natal Superior Court of the County of Riverside,State of meets the conditions outlined for in-rill seve ce- ment California under the date of March 24,1988,Case Response to this notice may be made verbally at Number 191236;that the notice,of which the the public hearing and/or in writing before the annexed Is a Anted c0 type not smaller hearing. Written comments may be made to tha p py(Set in yp City Council by letter (mail or hand delivery) to: than non pariel,has been published in each regular James Thompson, City Clerk and entire issue of said newspaper and not in any coy of Palm Springs 3200 East Tahqudz Canyan Way supplement thereof on the following dates,to wit: Palm Springs. CA g2262 If any individual or group challenges the action in❑i court, Issues raised may be limited to only those June 18 ,2005 issues raised at the public hearin clescnbed in ______________________________________________________________ this notice or in written,correspondGeuse at or n or to the meeting Notice of Public Hearing is s- ing sent to all property owners within tour ti dred(W11 feet of the subject property.r l ni ---------------------------------------------_---------------- tundy will he given at said hearings far all inter- All in the year 2005 acted persons to be heard questions reggarding Y this case a ybe directed to Matthew Fes a, Oe- I certify(or declare)under penalty of perjury that the partment of Planning Services, (760) 323-a2a5. foregoing Is true and correct. I Si necesita ayuda con esta carts,portavor Inure a Is Ciudad de Palm jrmcls )l puede hablar can Nadine Fieger(760) 323-8364. Dated at Palm S r g�s,California this-----22"d----day James Thompson li P City Clerk f y Maf+^s nrcv__ � ill Signature I I r I i -I Published: June 18, 2005 vl City Council Staff Report June 29, 2005 -- Page 4 Case TTM32806 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING TENTATIVE TRACT MAP 32806 FOR PS HANGERS I, LLC FOR THE CREATION OF A ONE LOT, COMMERCIAL CONDOMINIUM MAP ON APPROXIMATELY 2.54 ACRES, AT 3400 EAST TAHQUITZ CANYON WAY, ZONE A, SECTION 18, APN 677270026 AND 677270027. WHEREAS, PS Hangers I, LLC. (the "Applicant') has filed an application with the City pursuant the Palm Springs Municipal Code Section 9.60 for a Tentative Tract Map for the creation of a one lot, commercial condominium map on approximately 2.54 acres, at 3400 East Tahquitz Canyon Way, Zone A, Section 18; and WHEREAS, the Applicant has filed Tentative Tract Map 32806 with the City and has paid the required filing fees; and WHEREAS, said Tentative Tract Map was submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comments, and requirements; and WHEREAS, notice of the public hearing of the Planning Commission of the City of Palm Springs to consider Tentative Tract Map 32806, was given in accordance with applicable law; and WHEREAS, on June 8, 2005, a public hearing on the application for Tentative Tract Map 32806 was held by the Planning Commission in accordance with applicable law; and WHEREAS, notice of the public hearing of the ,City Council of the City of Palm Springs to consider Tentative Tract Map 32806, was given in accordance with applicable law; and WHEREAS, on June 29, 2005, a public hearing on the application for Tentative Tract Map 32806 was held by the City Council in accordance with applicable law; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the Project, including but not limited to the staff report, and all written and oral testimony presented. ADOPTED THIS 29th day of June, 2005. David H. Ready, City Manager ATTEST: James Thompson, City Clerk ���..9.,1 D44im City Council Staff Report June 29, 2005 -- Page 5 Case TTM32806 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 City Council Staff Report June 29,2005 -- Page 6 Case TTM32806 EXHIBIT A TENTATIVE TRACT MAP 32806 PSP HANGERS I, LLC 3400 EAST TAHQUITZ CANYON WAY CONDITIONS OF APPROVAL JUNE 29, 2005 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. PROJECT SPECIFIC CONDITIONS PLANNING: 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 employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case TTM 32806. 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 judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation 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