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Home My WebLink About9/1/2004 - STAFF REPORTS (21) DATE: September 1, 2004 TO: City Council FROM: Director of Planning Services CASE TPM 32550 - APPLICATION BY BUNTAIN CONSTRUCTION FOR A TENTATIVE PARCEL MAP FOR THE SUBDIVISION OF APPROXIMATELY 6.63 ACRES OF LAND INTO TWO (2) LOTS, LOCATED AT 19071 — 19531 MCLANE STREET, M-2 ZONE, SECTION 15. RECOMMENDATION: That the City Council approve Tentative Parcel Map 32550, for the subdivision of approximately 6.63 acres of land into two lots, located at 19071 — 19531 McLane Street. SUMMARY: The Planning Commission voted 6-0 at its July 28, 2004 meeting to recommend approval to the City Council, subject to the attached Conditions of Approval. BACKGROUND: The subject property is approximately 6.63 acres. The proposed subdivision will split the lot into two (2) lots with one lot containing approximately 3.52 acres and the other containing approximately 3.10 acres. Each lot is proposed to have a single building constructed on it. Building A has a footprint of approximately forty seven thousand five hundred twenty (47,520) square feet and building B has a footprint of approximately forty thousand eight hundred (40,800) square feet. Surrounding General Plan Designations, Zoning, and Land Uses: General Plan Zoning Land Uses North HC M2 Vacant, Industrial South HC M2 Vacant, Interstate Freeway East HC M2 Vacant West HC M2 Vacant ANALYSIS: The subject property is designated HC (Highway Commercial). The HC designations are areas that are for commercial uses needing a large amount of space, which is not compatible with an intensive shopping district. The objective of the General Plan for the HC is to develop service oriented, commercial uses. The proposed subdivision will allow 17/1 for large commercial spaces near 1-10, which is a major interstate, that can be used for service oriented, commercial uses that maintain the City's image. The proposed subdivision is consistent with the General Plan. The subject property is zoned M-2 (Manufacturing Zone) and the subdivision would split one lot of approximately 6.62 acres into two lots of 3.52 acres and 3.10 acres. The M-2 Zone requires a minimum lot size of 20,000 square feet; one lot will be approximately 153,331 square feet and the other lot approximately 135,036 square feet. The proposed subdivision is consistent with the Zoning Ordinance. The proposed buildings were approved at the November 26, 2003 Planning Commission meeting. The building designs are not proposed to change from the previous approval. The tenants will have to comply with the uses and development standards as outlined in the M-2 Zone. ENVIRONMENTAL ANALYSIS; This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15305 (Minor Alterations in Land Use Limitations); the proposed Tentative Tract Map meets the conditions outlined for minor alterations in land use limitations. A public hearing notice was published in the Desert Sun newspaper. Public hearing notices were sent out 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 Di•ector of Inning Services \ 77� City Manager 1 � ATTACHMENTS 1. Vicinity Map 2. Resolution 3. Conditions of Approval 4. Reduced Site Plan I, the undersigned, say: I am and was at all times herein rnentiaiad, a citizen of the United States and employed in the County of Riverside, over the age of eighteen years, and not a party to the within action or proceeding; that my business address is 3200 E. Tahquiiz Canyon Drive, Palm Springs, California; that on the 14ffi day of July, 2004, 1 served the within NOTICE Or PUBLIC HEAPING for PLANNING COMMISSION CASE NO. I-Ra 32550 to consider an application by Buntain Construction for a Tentative Parcel @/data to divide approxirnately 6.63 acres into two (2) parcels at '1907'1-.19531 McLane Street, Zone ivl-2, Section 'I5. This Notice was served on persons contained in Exhibit "A" attached hereto in said action or proceeding by depositing a true copy trrereof, enclosed in a sealed envelope with postage thereon fully prepaid, in a mailbox, sub-post office, substation or mail chute, or other like facility, regularly maintained by the Government of the United States in the City of Palm Springs, California, addressed to the list of persons or firms indicated on the report received from the title company dated May 11, 2004, certified by the City's Planning Technician, and attached hereto. I hereby declare under penalty of perjury that the foregoing is true and correct. rl \_.. Loretta D. Moffett, Senior Secretzlr�/i Dated at Palm Springs, California, this 15th day of July, 2004 `J i , NOTICE OF EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT NOTICE OF PUBLIC HEARING PLANNING COMMISSION CITY OF PALM SPRINGS Tentative Parcel Map Buntain Construction TPM 32550 19071 — 19531 McLane Street NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Springs, California, will hold a public hearing at its meeting of July 28, 2004. The Planning Commission meeting begins at 1:30 p.m. (Public Hearings begin at 2:00 p.m.) in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider an application by Buntain Construction for a Tentative Parcel Map to divide approximately 6.63 acres into two (2) parcels. The proposed project is located at 19071-19531 McLane Street, Zone M-2, Section 15. An approval of the Tentative Parcel Map will require the approval of the Planning Commission and the City Council (Section 9.63.000 of the Municipal Code). This project is categorically exempt from environmental review pursuant to Section 15305 (Minor Alterations in Land Use Limitations) of the California Environmental Quality Act (CEQA), whereas the proposed subdivision meets the conditions outlined for minor alterations in land use limitations. 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 Planning Commission hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Matthew Feske, Associate Planner at (760) 323-8245. Si necesita ayuda con esta carts, porfavor [lame a la Ciudad de Palm Springs y puede hablar con Nathan Mendenhall te[efono (760) 323-8245. Kathryn A) Lotfes Director of Planning Services OF pPLM gp�' N Department of Planning and Zoning w�E w Vicinity Map S } C,q<IFO RNp Cn w Z J � U � W a a ORR WY \ Site 20TH AVE 1-1 0 GAR' ET,q VE CITY OF PALM SPRINGS CASE NO.: TPM 32550 DESCRIPTION: Application by APPLICANT: Buntain Construction Buntain Construction to subdivide approximately 6.63 acres into 2 lots. 2-one M-2. Section 15. i- L00k Hec",dnoi No'lices la9t lificad:don Information for Rannung Conimilssjon Hearing on July 28, 2004 Case No. TPNI 32550 Applicant Name: Buntain Construction Address 4531 Harlin Drive Sacramento, CA 05326 Project Location 8, -tentative Parcel 5'oJtlap to subdivide 6.63 acres into 2 lots between Description: 10071-19531 McLane Street, L6-2 Zone, Section 15. Assigned Planner: Matthew Feslre, Associate Planner Labels Prepared by: Stewart Title of CA and Yoav Shernock, Planning Technician Certification to City Clerk Date: March 4, 2005 F_P�Organizations ropertyOwners ! Oroups ! Date G9oNumber of Failed Notices Mai a __-- � _-s��.�-. ��LLB..._ �..�.�. • ....�__ 11 o Desert Sun for publication of Jute/ 13, 2004 1 Applicant/Sponsors July 'K 2004 �uu 3 Property Owners: g Land Owner (master lessor) July 14, 2004 '➢3 Master Lessor (sub-lessor) Sub-lessee (unit owner) Indian Land Owners - to B1A �I h1/A Neighborhood Coalition July 1.4, 2004 0 Homeowners Association j ONlPP i Ague Caliente Band/Cahuilla Indians Pep July 14, 2004 1 City Rep for Verification (office 8: horse July 14, 2004 2 address) Public Agencies & City Staff- IS or EA Other Interested Parties July 14, 2004 I 1 Public Notice Binder & Case Pile July 14, 2004 2 TOTAL NUTA13ER MAILED: 32 — 04 P}LM SpT u r li1,l�r iFR'I��'j'j O"p�� Depau`Lnnsnt o. Planning &Zoning • �1ifonHa Date: July 15„ 2004 From: Loretta Moffett, Senior Secretary Subject: Mailing Labels for Notice of TPM 32550, July 23, 2004f Buntain Construction Tentative Parcel Malo This is to cerkif.1 that the attached labels were createdon May'0 1, 2004 using then most current in orrnaiion available. To the best of my knowledge, the labels are complete and accurate. i 1 LdrettA" D_ Moffett, Senior Secr al July 15, 2004 :Idm Z S� .51Ile 666-330-001 666-330-063 666-330-064� INDIAN AVENUE CO I I 3550 77 TH ST PO BOX 22623 PO BO 22623 JACKSON HEIGHTS, NY 11372 LONG BEACH, CA 90801 Lopd' BEACH, CA 90801 GG6-330-072 /// n ,/) 666-330-078 666-391-002 I A/M'V' J GARY BURKE CORP BURR GROUP LLC PO BOX 226,2' VVV""" V PO BOX 248 9890 CHERRY AVE LONG BEA.Cfi, CA 90801 HUBBARD, OH 44425 FONTANA, CA 92335 666-392-009 666-401-009 666-411-001 STEVE & MARGIT EGRESITS BRADLEY V FISCHER MARVIN L OATES 41270 CARLOTTA D4 2020 E ORANGETHORPE AVE 8615 ELDER CREEK RD 200 PALM DESERT, CA 92211 FULLERTON, CA 92831 SACRAMENTO, CA 95828 666-411-002 / � 666-411-003 666-411-004 MARVIN L OATE.S/ RANCHO TEMECULA NEW COVENANT RASOUL NOTAHARI 8615 ELDER,9REEK RD 200 26109 YNEZ RD 4000 BARRANCA PKY 160 SACRAMENTO, CA 95828 TEMECULA, CA 92591 IRVINE, CA 92604 666-412-002 666-412-005 666-412-006 STEVE & MARGIT EGRESITS SEAWEST PROP HIROSHI & SADAKO TANAKA 41270 CARLOTTA DR 14SS FRAZEE RD 900 31 NEWPORT PLZ PALM DESERT, CA 92211 SAN DIEGO, CA 92108 NEWPORT BEACH, CA 92660 666-412-007 *** 16 Printed *** TR KOTAKE 31 NEWPORT PLZ NEWPORT BEACH, CA 92660 NEIGH BORHOODCOALITION/SPONSOR MR BILL DAVIS AND AND VERIFICATION LIST MR PETER DIXON MS TRISHA DAVIS ONIPP Meeting July 28, 2004 TENNIS CLUB AREA TENNIS CLUB AREA CASE NO.TPM 32550 431 SOUTH MONTE VISTA DRIVE 227 SOUTH CAHUILLA Buntain Construction PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 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 1303 WEST PRIMAVERA DRIVE PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 MR MARSHALL ROATH MS MARGARET PARK MS SHERYL HAMLIN AGUA CALIENTE BAND OF HISTORIC TENNIS CLUB AREA AGUA CALIENTE BAND OF CAHUILLA INDIANS 565 WEST SANTA ROSA DRIVE CAHUILLA INDIANS =0-0-0 --J-J -D 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 CITY OF PALM SPRINGS PLANNING &ZONING DEPT MS LORETTA D MOFFETT VERIFICATION NOTICE-0 =0 -J ATTN SENIOR SECRETARY PO BOX 2494 PO BOX 2743 PALM SPRINGS CA 92263-2494 PALM SPRINGS CA 92263-2743 CASE TPM 32550 CASE TPM 32550 SPONSORS -zJ -J -D (3) BUNTAIN CONSTRUCTION MARVIN L OATES TRUST 4531 HARLIN DRIVE 8615 ELDER CREEK ROAD#200 SACRAMENTO CA 95826 SACRAMENTO CA 95828 CASE TPM 32550 SPONSORS =J NOLTE ASSOCIATES INC 255 EAST RINCON ST#110 CORONA CA 92879 MR PETE MORUZZI HISTORIC SITE REP. � PALM SPRINGS MODERN COMMITTEE PO BOX 4738 PALM SPRINGS CA 92263-4738 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 before the City Council of the City of Palm Springs, in conjunction with Buntain Construction, TPM 32550, 19071 — 19531 McLane Street, to divide approximately 6.63 acres into two parcels, was mailed to each and every person set forth on the attached list on the 20th day of August, 2004. A copy of said Notice is attached hereto. Said mailing was completed by placing a copy of said Notice in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 20th day of August, 2004. G2�tz; PATRICIA A. SANDERS City Clerk PROOF OF PUBLICATION This is space for County Cleric's Filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside No.9343 NOTICE OF EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT NOTICE OF PUBLIC HEARING CITY COUNCIL I am a citizen of the United States and a resident of CITY OF PALM SPRINGS the County aforesaid;I inn over the age of eighteen Tentative Partial Map years,and not a party to or interested in the Buntain Construction above-entitled matter.I am the principal clerk of a TPIVI 3255019071 - 19631 McLane Street printer of the,DESERT SUN PUBLISHING NOTICE IS HEREBY GIVEN that the City Couna. COMPANY a newspaper of general circulation, of the City of Palm fornla,Springs,Cau will hold; publle hearing at its meeting of September 1 printed and published in the city of Palm Springs, 2004. The City Council meeting ho ins at 7:0t U pt m.m the council chamber at ity Mail,3290 E =i ahquitz Canyon Way, Palm Springs. County of Riverside,and which newspaper has been adjudged (— a newspaper of general circulation by the Superior Court of the County of Riverside,State of The purpose of this hearing is to consider an application by Buntam Construction for a Tentative California under the date of March 24 1988.Case Parcel Map PPto all appieximately 6.63 acies in ta two )7The cLane Sttret sed e , Zone M 2 project l ocat Number 191236;that the notice,of which the ed it 1001-19531 Nl section 15. An ap proval of the Tentative Pence annexed is a prinked Copy(Set In type not Smaller Map will require the app raval of the Plannint than non panel,has been published in each regular Commission the Municipal) Cod council (sectioi and entire issue of said newspaper and not in any ---•--� supplement thereof on the following dates,to wit: I-._,1' °•° r" ^ August 21`t ----•--------------------------------------------------------- All in the year 2004 I certify(or declare)under penalty of perjury that the foregoing is true and correct. - ,a:,, Dated at Palm Springs,California this-----27a'----day -- ,.,,w�. ... hruusem of----------August__________ ______,2004� This piojes t is cbte Qricaly ex pt o m, ect exempt from e ollon- Section 5305 (Minor Itationsl of the herel- me { the c whereas the proposed subdivision meets the conditions outlinee for minor operations inland use limlts- Signature twns If enyy mdlmduel or gicup challenges the action ino cud, issues raised_may_be limited to onlythose issues raised at the public hearing described in this notice or in written correspondence at, or pri- or to, the Planning Commission hearing. An opportunity will be given at said hearing far all interested persons to be heaid.Questlons regaid- !no this case may be directed to Matthew Peaks, Associate Planner at (760) 323-3246. 'Si necssita ayuda can esta cads,porfavor(lame a la Qudad de Palm Spnngs y puede nobler con Nathan Mendenhall teleiono (760) 323-8245. PATRICIA A. SANDERS City Clerk PUB: August 21, 2004 NOTICE OF EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS Tentative Parcel Map Buntain Construction TPM 32550 19071 — 19531 McLane Street NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of September 1, 2004. The City Council meeting begins at 7:00 p.m. in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider an application by Buntain Construction for a Tentative Parcel Map to divide approximately 6.63 acres into two (2) parcels. The proposed project is located at 19071-19531 McLane Street, Zone M-2, Section 15. An approval of the Tentative Parcel Map will require the approval of the Planning Commission and the City Council (Section 9.63.000 of the Municipal Code). This project is categorically exempt from environmental review pursuant to Section 15305 (Minor Alterations in Land Use Limitations) of the California Environmental Quality Act (CEQA), whereas the proposed subdivision meets the conditions outlined for minor alterations in land use limitations. 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 Planning Commission hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Matthew Feske, Associate Planner at (760) 323-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nathan Mendenhall telefono (760) 323-8245. PATRICIA A. SANDERS City Clerk 1746- 3 tiO pALM,rp�i N F N Department of Planning and Zoning w E Vicinity Map S C'9<I FO RN+P VJ W J I- ^L F- w W d a ORR WY Site in-rml AVE 1-1 0 G'4RNET AVE J CITY OF PALM SPRINGS CASE NO.: TPM 32550 DESCRIPTION: Application by Buntain Construction to subdivide approximately APPLICANT: Buntain Construction 6.63 acres into 2 lots. Zone M-2. Section 15. 7A y" w,,0965 aasel slagel ssaippV ®A?JBAV Qj/ NEIGHBORH0 OD,CdA"ITION/SPbNsb? MR BILL DAVIS AND A'ND'VERIFICP'TION LISWjr, 1 ��i�� MR PETER DIXON MS TRISHA DAVIS cCc'Heanng TENNIS CLUB AREA TENNIS CLUB AREA CASE NO.TPM 32�550' 431 SOUTH MONTE VISTA DRIVE 227 SOUTH CAHUILLA B,wntaln, drYtruotion :'+ PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 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 FLOSS MR PHIL TEDESCO DEEPWELL OLD LAS PALMAS DEEPWELL RANCH 1387 CALLE DE MARIA 930 CHIA 1303 WEST PRIMAVERA DRIVE PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 MR MARSHALL ROATH MS MARGARET PARK MS SHERYL HAMLIN AGUA CALIENTE BAND OF HISTORIC TENNIS CLUB AREA AGUA CALIENTE BAND OF CAHUILLA INDIANS 565 WEST SANTA ROSA DRIVE CAHUILLA INDIANS -D-J D�J -0 -0 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 CITY OF PALM SPRINGS CASE TPM 32550 PLANNING &ZONING DEPT MS LORETTA D MOFFETT VERIFICATION NOTICE - =J ATTN SENIOR SECRETARY PO BOX 2494 PO BOX 2743 PALM SPRINGS CA 92263-2494 PALM SPRINGS CA 92263-2743 CASE TPM 32550 CASE TPM 32550 SPONSORS (3)--D -0=J BUNTAIN CONSTRUCTION MARVIN L OATES TRUST 4531 HARLIN DRIVE 8615 ELDER CREEK ROAD #200 SACRAMENTO CA 95826 SACRAMENTO CA 95828 CASE TPM 32550 NOLTE ASSOCIATES INC 255 EAST RINCON ST#110 CORONA CA 92879 MR PETE MORUZZI HISTORIC SITE REP. -0 -D--D PALM SPRINGS MODERN COMMITTEE PO BOX 4738 PALM SPRINGS CA 92263-4738 _nnrc mi aintdmm Acn 666-330-001 666-330-063 ( 666-330-064 INDIAN AVENUE CO I I 3550 77TH ST PO BOX 22623 PO BOX 22623 l JACKSON HEIGHTS, NY 11372 11 LONG BEACH, CA 90601 LONG BEACH, CA 90801 666-330-072 666-330-078 666-391-002 I J GARY BURKE CORP BURR GROUP LLC PO BOX 22623 PO BOX 248 9890 CHERRY AVE LONG BEACH, CA 90801 HUBBARD, OH 44425 FONTANA, CA 92335 666-392-009 666-401-009 666-411-001 j STEVE & MARGIT EGRESITS BRADLEY V FISCHER MARVIN L OATES 41270 CARLOTTA D4 2020 E ORANGETHORPE AVE 8615 ELDER CREEK RD 200 PALM DESERT, CA 92211 FULLERTON, CA 92831 SACRAMENTO, CA 95828 666-411-002 666-411-003 666-411-004 MARVIN L OATES RANCHO TEMECULA NEW COVENANT RASOUL NOTAHARI 8615 ELDER CREEK RD 200 26109 YNEZ RD 4000 EARRANCA PKY 160 SACRAMENTO, CA 95828 I'; TEMECULA, CA 92591 IRVINE, CA 92604 666-412-002 666-412-005 666-412-006 STEVE & MARGIT EGRESITS SEAWEST PROP HIROSHI & SADAKO TANAKA 41270 CARLOTTA DR 1455 FRAZEE RD 900 31 NEWPORT PLZ PALM DESERT, CA 92211 SAN DIEGO, CA 92108 NEWPORT BEACH, CA 92660 666-412-007 *** 16 Printed *** TR. KOTAKE 31 NEWPORT PLZ li NEWPORT BEACH, CA 92660 666-412-007 TR KOTAKE op 31 NEWPORT PLZ NEWPORT BEACH, CA 92660 11 E ..... .. .. 666-412-006 HIROSHI & SADAKO TANAKA 31 NEWPORT PLZ NEWPORT BEACH, CA 92660 RESOLUTIONNO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 32250, FOR THE SUBDIVISION OF 6.63 ACRES OF LAND INTO TWO LOTS, LOCATED AT 20TH AVENUE AND MCLANE STREET, ZONE M-2, SECTION 15. WHEREAS, Buntain Construction (the "Applicant') has filed an application with the City pursuant to the Palm Springs Municipal Code Section 9.60 for a Tentative Parcel Map to subdivide 6.63 acres of land into two lots located at 201h Avenue and McLane Street, Zone M-2, Section 15; and WHEREAS, the Applicant has filed Tentative Parcel Map 32250 with the City and has paid the required filing fees; and WHEREAS, said Tentative Parcel 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 Parcel Map 32250, was given in accordance with applicable law; and WHEREAS, on July 28, 2004, a public hearing on the application for Tentative Parcel Map 32263 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 Parcel Map 32250, was given in accordance with applicable law; and WHEREAS, on September 1, 2004, a public hearing on the application for Tentative Parcel Map 32263 was held by the City Council in accordance with applicable law; and WHEREAS, the proposed subdivision, Tentative Parcel Map 32250, is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and is categorically exempt from the provisions of CEQA per Section 15305 (Minor Alterations in Land Use Limitations); nad 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. 17C THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that, Tentative Parcel Map 32263 is categorically exempt from environmental assessment per Section 15305 (Minor Alterations in Land Use Limitations) of the California Environmental Quality Act(CEQA). Section 2: Pursuant to Government Code Section 66473.5 the City Council 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 and any applicable specific plan. Section 3: Pursuant to the Palm Springs Municipal Code Section 9.60, the City Council finds that with the incorporation of those conditions attached in Exhibit A: a. The use applied for at the location set forth in the application is properly one for which a warehouse complex is authorized by the City's Zoning Ordinance and General Plan. The proposed Tentative Parcel Map application to subdivide approximately 6.63 acres into two lots is in harmony with the various elements and objectives of the City of Palm Springs General Plan and is not detrimental to the existing uses specifically permitted in the zone in which the proposed use is to be located. b. The site is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The proposed subdivision is approximately 6.63 acres of land. The proposed subdivision will create two lots of approximately 3.52 acres and 3.10 acres. The proposed subdivision will create two lots that will be adequate in size and shape to permit future land uses. C. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. Access will be from McLane Street, an existing point of entry and exit. The common driveway would be privately maintained as well as the landscaped areas around the development. d. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety, and general welfare. 17C %,) The proposed subdivision is consistent with good development practices and would be beneficial to development in the vicinity. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Tentative Tract Map 32263, subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this 1 st day of September, 2004. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: 17C3 EXHIBIT A Tentative Parcel Map 32250 CONDITIONS OF APPROVAL 20ih Avenue and McLane Street September 1, 2004 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 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 ADMINISTRATIVE 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 TPM 32250. 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 jurisdiction at the property owner's sole PC expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. Tentative Tract Map approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 5. 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: 6. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. FIRE DEPARTMENT: 7. As listed with Case 3.2322. ENGINEERING: 8. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. MAP 9. 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 existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. •`"• ,. ° / 1 .., I ) \ � . e, _. . TENTATIVSANDI E PARCEL MAP ��I { 1-1 m ss... I i=zs-soou ass FIST n g A rviC Te RAI o "Rom 9 �I lai J IJ DRFAI 1 -- . G(sl 1. ZI A IF III, AJAHNAI I I l II a uaEa1.smvaoss`:�,1111°s°�Iw s.m.M a. _AllIA °�.°E°[E°,°ID A I.-AS,-mwi w1 F.ux _ omscT J I YYYIli" JI — __ zF` 1. NODA:A"" rz"Irannu muw D.OSSFORD TSSURFADD mla,n� mIDA.nn,,,,,.ReSO=F.° EARRpn° FAA FDA-AND ACNDANTAF POFFDAFS 11 FAVOR OF II i i 1 - - RDIAT II—n. I TM.OT TM- LL URIJI ID—DF oT. LL nnT °.s n [ — --- ° — ---'— -- T _ w E _u-u ea...ao r .Cf11EET un n e Y _ f'f.LR A t irnn PRO.ECT w m� .°, .. "�s�w ." RAN OFF x DR on 4` ?It�6 \ \ NL'1Mfn,MAPx �' •1 % SAN- DI AIR, IN SDA,AjN TYPICAL SECTION TYPICAL SECTION \ MCLANE STREET 20th AVENUE •--I BUNTAIN CONSTRUCTION, INC. „r.1 - NCLTE. TENTATIVE-PARCEL MAP 32550 E E r a x u E tl E I E E E A II•NF, _CITY-OF PALM 3PRIN03RIONINSIND �Tu un nv Ym.�x..l,=ruoman.Tv,veae m.w-vuumJ n,nges�v v...x.•ueRROSSNOSS K PPEVApEp FOR GLMAN Cg18iPUCigN NO. PATE 9U3AllTrU MAY'01 EL�OM