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HomeMy WebLinkAbout22162 - RESOLUTIONS - 2/20/2008 RESOLUTION NO. 22162 A RESOLUTION OF THE. CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA. APPROVING TENTATIVE PARCEL MAP 35817 TO SUBDIVIDE APPROXMATELY 0.59 ACRES INTO TWO PARCELS, LOCATED ALONG VIA MIRALESTE BETWEEN MIRALESTE COURT AND THE PALMS STREET. WHEREAS, Frank De Lelys, Owner, has filed an application with the City pursuant to Section 9.62.010 of the Palm Springs Municipal Code, for Tentative Parcel Map 35817; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Tentative Parcel Map 36817 was given in accordance with applicable law; and WHEREAS, on January 9, 2008, a public hearing on the applications for subdivision was held by the Planning Commission in accordance with applicable law; and WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the Planning Commission has considered the effect of the proposed project on the housing needs of the region, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Tentative Parcel Map 35817 was given in accordance with applicable law; and WHEREAS, On February 20, 2008, a public hearing on the application for project was held by the City Council in accordance with applicable law; and WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the City Council has considered the effect of the proposed project on the commercial/retail needs of the community, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources; 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. i THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE l AS FOLLOWS: Section 1. Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the project is Categorically Exempt per section 15315 (Minor Land Divisions). i Resolution No. 22162 Page 2 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 Section 66474 of the Subdivision Map Act, the City Council makes the following findings: 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 Very Low Density residential (2.1 -- 4.0 du/ac), which allows a maximum density of four dwelling units per acre or approximately one dwelling unit per 10,890 square feet. The existing lot is approximately 0.59 acres and the proposed subdivision is to create a 0.31 acre lot and a 0.35 acre lot. b. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. The site has improvements on all right-of-way surrounding the proposed subdivision. a The site is physically suited for this type of development. This project is to create a 0.31 acre lot with the existing house and create a 0.35 acre future building site that will have a building pad once the tennis court is removed. The site is a non-hillside property, and there are no topographic features that would prohibit the uses allowed in the R-1 Zone on each lot. d. The site is physically suited for the proposed density of development. The project site is a 0.59 acre parcel and the subdivision would create a 0.31 acre lot and a 0.35 acre lot. The proposed density is consistent with density requirements of the General Plan and (2.1 — 4.0 du/ac) and the Palm Springs Zoning Code (minimum area of 10,000 square feet per lot). e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The existing house will remain on lot one; the proposed lot two will utilize the existing tennis court area as a future building site. Therefore, the design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. Resolution No. 22162 Page 3 f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The existing development includes the provision of public water service and the existing street provides an orderly system of ordinary 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. Section 4. Pursuant to Section 94.06.01 of the Palm Springs Zoning Code, the City Council finds that: I a. The requested minor modification is consistent with the general plan, applicable specific plan(s) and overall objectives of the zoning ordinance; The proposed project is consistent with the General Plan designation of Very Low Density residential (2.1 — 4.0 du/ac), which allows a maximum density of four dwelling units per acre or approximately one dwelling unit per 10,890 square feet. The existing lot is approximately 0.59 acres and the proposed subdivision is to create a 0.31 acre lot and a 0.35 acre lot. b. The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor modification; The proposed subdivision will allow two dwelling units on 0.59 acres, which is consistent with other properties in the area. The reduction is to allow for a nine percent reduction in lot width or ten feet. The property exceeds the lot depth and lot area and will accommodate an R-1 use that will not adversely affect neighboring properties. C. The approval or conditional approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity; and The reduction is to allow for a nine percent reduction in lot width or ten feet. The property exceeds the lot depth and lot area and will accommodate an R-1 use to build a safe and structurally sound building that will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity. Resolution No. 22162 Page 4 d. The approval of the minor modification is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood. Properties in the neighborhood, specifically to the north and east, have substandard lot width sizes. Therefore, the approval of the minor modification is justified to allow a lot width reduction of nine percent. Section 5. The City Council Approves Tentative Parcel Map 35817, subject to those conditions set forth in Exhibit A. ADOPTED THIS 201h day of February, 2008. David H. Ready, City Mana ATTEST: *mesompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. i CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 22162 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 the 201h day of February, 2008, by the following vote: AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, Mayor Pro Tern Foat, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. A _ A es Thompson, City Clerk /Z008 Ity of Palm Springs, California / = Resolution No. 22162 Page 5 EXHIBIT A CITY OF PALM SPRINGS CONDITIONS OF APPROVAL FEBRUARY 20, 2008 TENTATIVE PARCEL MAP 35817 APN 507-030-036 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 1. The owner shall remove the Tennis Court Use prior to final map approval to the satisfaction of the Director of Planning Services. 2. The owner shall apply for an Administrative Minor Modification application with the Planning Services Department prior to final approval of the Parcel Map_ 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 that 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 35817. 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 Resolution No. 22162 Page 6 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. 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 expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. The tentative map shall expire two years after the approval date unless extended as provided by the City of Palm Springs Municipal Code; otherwise it shall become null and void and of no effect whatsoever. Extensions of time may be approved pursuant to Code Section 9.63.110. Such extension shall be requested in writing and received prior to expiration of the original approval. 5. Pursuant to the Subdivision Map Act, Section 66473.1 the design of the subdivision shall provide, to the extent feasible for future passive or natural heating or cooling opportunities in the subdivision_ 6. That the property owner(s) and successors and assignees in interest shall maintain all site improvements free from waste and debris, including sidewalks, bikeways, parking areas, landscape, irrigation, lighting, walls, and fences between the curb and property line, including any easement areas that extend onto private property 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. 7. 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 f b. Deed restrictions, easements, of Covenant Conditions and c. Restrictions to be recorded. I 8. 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, open space restrictions. The approved documents shall Resolution No. 22162 Page 7 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. 9. All residential development shall be subject to parkland dedication requirements and/or park improvement fees. The dedication, payment of fees or combination thereof shall be required prior to issuance of building permits. Parkland mitigation amounts shall be based upon the costs to acquire and fully improve parkland and shall be adopted by ordinance or resolution. POLICE DEPARTMENT 1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 1. Prior to any construction on-site, all appropriate permits must be secured. ENGINEERING DEPARTMENT 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. STREETS 1. Engineering Division recommends deferral of off-site improvement items at this time due to lack of full improvements in the immediate area. The owner shall execute a street improvement covenant agreeing to construct all required street improvements upon the request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be submitted with the Grading Plan, and shall be executed prior to approval of the Grading Plan or issuance of grading or building permits. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the applicant prior to issuance of any grading or building permits- 2- Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 3. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. Deferred Resolution No. 22162 Page 8 VIA MIRALESTE 4. Dedicate additional right-of-way for a property line - corner cut-back at the northwest corner of the intersection of Via Miraleste and The Palms, and at southwest corner of the intersection of Via Miraleste and Miraleste Court, in accordance with City of Palm Springs Standard Drawing No. 105. 5. Remove existing street improvements as necessary to construct curb and gutter to match the existing curb and gutter along the entire frontage, with a 25 feet radius curb return and spandrel at the northwest corner of the intersection of Via Miraleste and The Palms, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. Deferred 6. Construct the north half of a 6 feet wide cross gutter at the northwest corner of the intersection of Via Miraleste and The Palms with a flow line parallel with and located 18 feet west of the centerline of Via Miraleste and aligned with the proposed face of curb on Via Miraleste, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. Deferred 7. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. Deferred 8. Construct a Type A curb ramp meeting current California State Accessibility standards at the northwest corner of the intersection of Via Miraleste and The Palms, and at the southwest corner of the intersection of Via Miraleste and Miraleste Court, in accordance with City of Palm Springs Standard Drawing No. 212. Deferred f 9. Remove existing pavement as necessary and construct 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 along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. 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. Deferred 10. All broken or off grade street improvements shall be repaired or replaced. MIRALESTE COURT 11. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. Deferred 12. All broken or off grade street improvements shall be repaired or replaced. Resolution No. 22162 Page 9 THE PALMS 13. Dedicate an easement 3 feet wide along the back of the proposed driveway approach for sidewalk purposes. 14. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. Deferred 15. All broken or off grade street improvements shall be repaired or replaced. SANITARY SEWER 16. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. GENERAL 17. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. 18. All existing utilities shall be shown on the improvement plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. 19. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. Resolution No. 22162 Page 10 20. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "@,$- built" information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 21. Nothing shall be constructed or planted in the corner cut-off area of any intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 22. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904. MAP 23. 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 parcel 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. 24. In accordance with Government Code 66411.1 (a), all required public improvements adjacent to Parcel 2 shall be listed in an Improvement Certificate on the Parcel Map and clearly noted that the required public improvements will be the minimum development requirements for Parcel 2 of Tentative Parcel Map No. 35817, but shall be completed prior to issuance of a building permit on i Parcel 2. 25. Upon approval of a final map, the final map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from 'f 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 F drawing file), DXF (AutoCAD ASCII drawing exchange file) ), and PDF (Adobe Resolution No. 22162 Page 11 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 26. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks adjacent to the site. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the The Palms, Via Miraleste, and Miraleste Court frontages of the subject property. 2T Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones" dated 2006, or subsequent additions in force at the time of construction. END OF CONDITIONS i I