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Home My WebLink About5/19/2004 - STAFF REPORTS (13) DATE: May 19, 2004 TO: City Council FROM: Director of Planning and Zoning CASE TTM 32263 - APPLICATION BY THE PALM SPRINGS COMMERCE CENTER, LLC OWNED BY PHILIP J. CLEARY FOR A TENTATIVE TRACT MAP FOR THE CONVERSION OF A 33,300 SQUARE FOOT LIGHT INDUSTRIAL OFFICE BUILDING INTO A BUSINESS CONDOMINIUM COMPLEX AND SUBDIVISION OF 2.30 ACRES OF LAND INTO 1 LOT. LOCATED AT 1301 MONTALVO WAY, ZONE M-1-P, SECTION 7. RECOMMENDATION: That the City Council approve Tentative Tract Map 32263, for the conversion of a 33,300 square foot light industrial office building into a business condominium complexwith on 2.30 acres of land, located at 1301 Montalvo Way. The applicant is the Palm Springs Commerce Center, LLC owned by Philip J. Cleary. SUMMARY The Planning Commission, at its April 28, 2004 meeting, by a 6-0-1 vote, recommended approval of Tentative Tract Map 32263, subject to the conditions in the attached resolution for Tentative Tract Map 32263. BACKGROUND: The project site is currently under construction. The subject property is zoned M-1-P (Service/Manufacturing Zone)and designated A(Airport) in the General Plan. The proposed lot is 2.30 acres. The Palm Springs Commerce Center was approved by the Planning Commission on July 24, 2002 as a by right of zone project and meets all codes and ordinances. The 9 unit light industrial building use fits within the broad range of uses typically allowed in the A General Plan and M-1-P Zoning Ordinance categories. The proposed business condominiums are one (1) story with a maximum height of thirty one (31) feet. The applicant is constructing fifty seven (57)standard parking spaces and twenty seven (27) compact parking spaces. Total building ground floor lot coverage is 33,321 square feet comprising of 33% of the total lot area. Landscaped open space is 17,356 square feet comprising of 15% of the total lot area. Access to the property will be from a two driveway entries on Montalvo Way. Internal circulation consists of a 24 and 26 feet wide ingress and egress common driveways. The common driveway would be privately maintained as well as the landscaped areas around the development. 11A Table 1: Surrounding General Plan Designations, Zoning, and Land Uses General Plan Zoning Land Uses North L-4, Low N-R-1-C, Single-family Single Family Residences Residential residential units per acres South Airport M-1-P, Light Industrial building Service/Manufacturing Zone East Airport M-1-P, Light Industrial building Service/Manufacturing Zone West Airport Airport Airport ANALYSIS The proposal to convert the 9 business units to business condominiums will be compatible with surrounding land uses. The majority of the surrounding properties are zoned for service/manufacturing. The project density is consistent with the General Plan Designation and Zoning code. ENVIRONMENTAL ANALYSIS This action is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15301 (Existing Facilities)and 15315 (Minor Land Divisions)of the California Environmental Quality Act (CEQA), whereas the proposed Tentative Tract Map meets the conditions outlined for existing facilities and minor land divisions. Director'f Manning and Zoning City Manager ATTACHMENTS 1. Vicinity Map 2. Resolution 3. Conditions of Approval NOTICE OF PUBLIC HEARING CITY COUNCIL Tentative Tract Map 32263 Palm Springs Commerce Center LLC 1301 Montalvo Way NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of May 19, 2004. The City Council meeting begins at 7:00p.m. in the City Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California. The purpose of the hearing is to consider Tentative Tract Map 32263, an application by Philip Cleary of the Palm Springs Commerce Center to convert a light industrial 33,300 sq.ft. office building into a business condominium complex with 9 office suites. The site is approximately 2.30 acres and is located at 1301 Montalvo Way, Zone M-1-P, Section 7. This project is categorically exempt from further environmental review pursuant to Section 15301 (Existing Facilities) and 15315 (Minor Land Divisions) of the California Environmental Quality Act (CEQA), whereas the proposed Tentative Tract Map meets the conditions outlined for existing facilities and minor land divisions. 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 City Council hearing. An opportunitywill be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Gabriel Diaz, Assistant Planner, Department of Planning &Zoning, (760) 323-8245. Si necesita ayuda con esta carta, porfavor flame a la Ciudad de Palm Springs y puede hablar con Gabriel Diaz telefono (760) 323-8245. Patricia A. Sanders City Clerk #43 F VALM Sp N r N Department of Planning and Zoning w E U Vicinity Map s q<<FORN� CHIA RD 0 0 0 m 0. cn CD O Z D r O CITY OF PALM SPRINGS CASE NO.: Tentative Tract Map 32263 DESCRIPTION: Application by Philip Cleary of the Palm Springs Commerce Center to convert a light industrial 33,300 sq.ft. office building into a business APPLICANT: Philip Cleary of the Palm condominium complex with 9 office suites, the site is Springs Commerce Center approximately 2.30 Acres. The subject property is located at 1301 Montalvo wa , Zone M-1 P, Section 7. EXHIBIT A Tentative Tract Map 32263 1301 Montalvo Way May 19, 2004 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. 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 TTM 32263. 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. 11AS000, 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. CC&R's 4. The applicant shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning and Zoning for approval in a form to be approved by the City Attorney, to 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. The applicant shall submit to the City of Palm Springs, a deposit in the amount of$2,000 for the review of the CC&R's by the City Attorney. A $250 filing fee shall also be paid to the City Planning and Zoning Department for administrative review purposes. 5. Conditions of Approval for Case 3.2214 adopted on July 24, 2002 also apply. POLICE DEPARTMENT: 6. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. FIRE DEPARTMENT: 7. Per Conditions of Approval for Case 3.2214 adopted on July 24, 2002. ENGINEERING: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. MAP 8. 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. /1,110 AFFIDAVIT OF MAILING STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) I,the undersigned,say: I am and was at all times herein mentioned,a citizen of the United States and employed in the County of Riverside, over the age of eighteen years, and not a parry to the within action or proceeding; that my business address is 3200 E. Tahquitz Canyon Drive, Palm Springs, California; that on the 5th day of May 2004, 1 served the within NOTICE OF PUBLIC HEARING for CITY COUNCIL CASE NO. TTM 32263 to consider an application by Philip Cleary of the Palm Springs Commerce Center to convert a light industrial 33,300 sq. ft. office building into a business condominium complex with nine (9) office suites. The site is approximately 2.3 acres at 1301 Montalvo Way, Zone MIP, Section 7. This Notice was served on persons contained in Exhibit "A" attached hereto in said action or proceeding by depositing a true copy thereof, 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 3, 2004 and certified by the City's Planning Technician, and attached hereto as Exhibit"A". I hereby declare under penalty of perjury that the foregoing is true and correct. ��Loretfa D. Moffett / Dated at Palm Springs, California, this 5th May, 2004. 11 Public Hearing Notices Notification Information for City Council Hearing on May 19, 2004 Case No. TTM 32263 Applicant Name: Philip Cleary Address Palm Springs Commerce Center Project Location & Convert light industrial 33,300 sq. ft. office building into a business Descrption condominium complete with 9 office suites on 2.3 acres, Zone M1 P, Section 7 at 1301 Montalvo Way Assigned Planner: Gabriel Diaz, Assistant Planner Labels Prepared by: Yoav Shernock Certification to City Clerk Date: May 7, 2004 Property Owners / Groups / Date Notices Number of Notices Organizations Mailed Mailed Applicant/Sponsors May 5, 2004 1 Property Owners: Land Owner (master lessor) May 5, 2004 26 Master Lessor (sub-lessor) Sub-lessee (unit owner) Indian Land Owners - to BIA May 5, 2004 1 Neighborhood Coalition May 5, 2004 9 Homeowners Association ONIPP Agua Caliente Band/Cahuilla Indians Rep May 5, 2004 1 City Rep for Verification (office & home address) May 5, 2004 2 Public Agencies & City Staff- IS or EA Other Interested Parties May 5, 2004 Public Notice Binder & Case File May 5, 2004 2 To Desert Sun Newspaper for Publication May 4, 2004 1 TOTAL NUMBER MAILED: 43 OF PILM SAT City of Palm Springs V �'` •••••• '�' Department of Planning & Zoning 111FOR� MEMORANDUM Date: May 5, 2004 From: Yoav Shernock Planning Technician Subject: Mailing Labels for Notice of Public Hearing City Council Meeting of May 19, 2004 TTM 32263 - Philip Cleary This is to certify that the attached labels were created on May 5, 2004 using the most current information available. To the best of my knowledge, the labels are complete and accurate. Yoav �ernock, Planning Technician May 5, 2004 :Idm 507 02 004 50 02 007 677 242 004 City 0 r Springs City P Springs Margaret Morgan PO Be 43 PO Bo 743 3377 E Camino Rojos Pa Spr n ,CA 92263 P�}i Spr n ,CA 92263 Palm Springs, CA 92262 677 242 005 677 242 006 677 242 017 Eric Duran Robert Desrochers&Shirley Desrocher Wendy Noalani Jardine 547 Cherry St SE#5D PO Box 1630 3352 E Chia Rd Grand Rapids,MI 49503 Los Angeles, CA 90035 Palm Springs,CA 92262 677 242 018 677 242 019 677 242 020 Joann George Rick&Therese Cassar Sandra Joy Mcewen 3350 E Avenida Fey Norte 3360 E Avenida Fey Norte 3370 E Avenida Fey Norte Palm Springs,CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 677 242 024 677 242 025 677 242 026 Shirley Nesbitt Joffrey Long Teri Taylor 3375 E Avenida Fey Norte PO Box 33517 3355 E Avenida Fey Norte Palm Springs, CA 92262 Granada Hills,CA 91394 Pahn Springs, CA 92262 677 242 027 677 242 028 677 242 029 Marlaine Jizrawi Gordon Howe Eugene Hernandez 3354 E Chia Rd 3362 E Chia Rd 3420 E Chia Rd Pahn Springs, CA 92262 Palm Springs, CA 92262 Palm Springs,CA 92262 677 242 030 677 242 031 677 451 002 Jewell Roach Benjamin Seymour Buresh&Hayes 3450 E Chia Rd 3480 E Chia Rd PO Box 208 Pahn Springs,CA 92262 Palm Springs,CA 92262 Pahn Springs,CA 92263 YMM3 677 452 001 677 452 002 es Jerry&Margaret Good Warren&Helen Hench 5165 E Lakeside Dr 301 Calle Dorado CA 92263 Palm Springs,CA 92264 San Clemente,CA 92672 677 452 006 677 461 001 677 461 004 Paul Ly Singsao&Barbara Suza Singsa Dominic Tenace T&F Prop PO Box 687 PO Box 2059 1111 E Tahgnitz Canyon Way 4203 Cathedral City, CA 92235 Lake Elsinore, CA 92531 Palm Springs,CA 92262 677 461 005 677 461 006 677 462 001 3462 La Campana Way H F&Jean Mccall John Genies 42306 10th St W#C 624 Laguna Dr PO Box 2107 Lancaster, CA 93534 Carlsbad, CA 92008 Palm Springs,CA 92263 677 462 002 677 462 005 S 0 7-- 3 o Z — rO 1 V Rlnett&Michelle Ferrell Richard&Harriet Squire O nei US A Sa 7 29850 Avenida Xmuiio 26822 Malibu Cove Colony Dr Cathedral City,CA 92234 Malibu, CA 90265 NEIGHBORHOODCOALITION/SPONSOR MR BILL DAVIS AND AND VERIFICATION LIST MR PETER DIXON MS TRISHA DAVIS C.C. HEARING 5-19-04 TENNIS CLUB AREA TENNIS CLUB AREA CASE NO.TTM 32263 431 SOUTH MONTE VISTA DRIVE 227 SOUTH CAHUILLA Philip Cleary of P.S. Commerce Center 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 � W� MS MARGARET PARK MS SHERYL HAMLIN Y^0 AGUA CALIENTE BAND OF HISTORIC TENNIS CLUB AREA AGUA CALIENTE BAND OF Co\�"9 CAHUILLA INDIANS 565 WEST SANTA ROSA DRIVE CAHUILLA INDIANS -D -J �J -J -J 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 CITY OF PALM SPRINGS CASE NO TTM 32263 PLANNING &ZONING DEPT MS LORETTA D MOFFETT VERIFICATION NOTICE=D 4-0 ATTN SENIOR SECRETARY PO BOX 2494 PO BOX 2743 PALM SPRINGS CA 92263-2494 PALM SPRINGS CA 92263-2743 � MR HILIP CLEARY P S COMMERCE CENTER LLC SPONSORS-0 =D =J PO BOX 2827 DEL MAR CA 92014 Or \a� \�.o,t pALM sp City of Palm Springs Q Department of Planning &Zoning v' ^ 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Telephone: 760-323.8245 C'4 tl FOUL Fax: 760-322-8360 E-mail: LorettaM@ci.palm-springs.ca.us MEMORANDUM Date: May 4, 2004 To: Claudia Salgado AND Arvada Wilson i Bureau of Indian Affairs i` J From: Loretta Moffett, Senior Secretary ) Planning Department Subject: Philip Cleary, Palm Springs Commerce Center - TTM 32263 City Council Hearing May 19,2004 Here is the one notice for the above hearing that need to be sent to the appropriate Indian landowners within the 400 ft. radius of the project at 1301 Montalvo Way. Many thanks for your continued support and help in notifying Indian landowners when special hearings come up that might affect their properties. Enclosures: 2 notices 1 postage- prepaid envelope I 50714, AEI�o�'06,I3e feO PROOF OF PUBLICATION This is space for Coanty Clerks Filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside ------------------- -_ --- No a1•IG .uS" nc �,nLM_ SoWNC5 NOTICE 6F P'19E9IC 9EAISt`3C1 I am a citizen of the United States and a resident of zplry cotiNCn- the County aforesaid; I am over the age of eighteen "rcn4.ative'rraot P, Inl,222so years,and not a party to or interested in the Palm spsings bommierce c_ntm'Pica above-entitled matter.I am the principal clerk of a Sot itiontalvo every printer of the,DESERT SUN PUBLISFIING NOTICE IS I-IEFlE61'GIVEN that the city council COMPANY a newspaper of general circulation, of the Ott,of Palm springs, Califoinia I.viil held a Ii�ublic hearing at Its moehng of May 19, 2004. y tinted and published in the cif of Palm Springs, "the city Council meeting begins at r00p in in County of Riverside,and which newspaper has been no city council Chamber at City I-Izll 3200 E. Tahgwtz Canyon Way, Palm Spnngs, C6io,m'ia. adjudged a newspaper of general circulation by the The purpose of the hearing is to eon,idel �"ent1- Superior Court of the County of Riverside,State of tive Tract Map 32263, an a placation by Philip Cleary of the Palm Spnngs 30o0mmf4 office build- convert , t California under the date of March 24,1988.Case a light Indusn'IaI 3a, on Number 191236;that the notice,of which the mq Into a business condominium complex:with s office suits,.The site la approxlmatol y2.Zon�oiMs annexed is a printed copy(set in type not smaller and Is located at 13o1 Montalvo t.a than non parcel,has been published in each regular _ �J� "- 1-P, Section 7. and entire issue of said newspaper and not in any d�«pi:_')°° "°"��_�':`�"'IT """ ' supplement thereof on the following dates,to wit: - � �.__ May 7a' — — x All in the year 2004 71- I certify(or declare)under penalty of perjury that the --- foregoing is true and correct. Dated y Springs,California this 00419th----derY -- Ma -- -- this proleot is P1to iorlirsuo sacto lu5rt3h0o tt o ni pan 1(Existing `aclllhes) and 15016 (Minor Land av1- x/(�t� a ^ lone) oI the California E1 lanmentel aiLiveuallt' Act ;/�`__ , _ _�,(y-�Cc:,�. (SECA), whereas the proposed tentative tract Map meet,ins aonditioi�s outlined far erasting fa- _ cihus, and rmnar land divisions. Signature If any IndwIdual a group linalga the only those in ,,'w+' 1 ) cow'[, Issues isised viall be limited to only those v' issues I'aised at the suGhc hearings described m d `a this noho or In v nUon correspondence ei oa pre- y_y or foci tins, "citycouncil haafing,An oppciv miry will C3 Mqy' ry i bo given at aid healing for all,inuerstsd persons C�'1®n III to he heard. Questions IcgzrdIng his case may n 4 G. be duaMell to Gabnel Diaz, Asslsrart Planner, Department m Planning &Zoning, (700)37_3-8245. °I neeaslta ayuda con esta oil I",o¢daahabls��oan in Ciudad de Palm Ssnngs y t �C�.��': Gabnel Diaz Lemon. �" 323-8245. Patncaa A. Sou-'ers City r-relic PTEL May 7, 2004_____—_--- P�®g � c),9V,! PROOF OF PUBLICATION This is space for County Clerks Piling Starnp (2015.5.C.C.P) STATE OF CALIFORNIA - County of Riverside No.7ag7 Ci7V OF PALM SPRINGS NOTICE OF PUBLIC NCARING PLANNINC COMMISSION I am a citizen of the United States and a resident of PI Tentative Tract Map 32263 the County aforesaid;I am over the age of eighteen — Palm Springs Commerce Center LLC years,and not a party to or interested in the _ above-entitled matter.I am the principal clerk of a 1301 Mori way rinter of the,DESERT SUN PUBLISHING NOTICE IS 4TEREBY LIVEN That the Planning P Commission of the City of Palm Springs, Calaor- COMPANY a newspaper of general circulation, ilia, will hold a public hearing at Its meeting of Aprtl 20,2004.Tito Planning Commission meeting printed and published in the city of Palm Springs, b gIn rtt at In 30 Maly(a ulincii HeariChIngs b at clay County of Riverside,and which newspaper has been Hall, 3200 E. Tahgmtz Canyon way, Palm adjudged a newspaper of general circulation by the Springs, California. Superior Court of the County of Riverside,State of The pui pass of the hearing Is to consider Tenta- five Map 32263, an application by Philip California under the date of March 24, 1988.Case Cleary of the aim spprmel omn,eroe Center to convert a light Indust lal 3 s o nnn.r.Flee ter to Number 191236; that the notice,of which the ing into a business condominium complex with g ofne"suites.The site is appeaimately 2.30 acres annexed is a printed copy(set in type not smaller and is located at 1301 Montalvo way, zone M- than non pariel,has been published in each regular f-P, Section 7. and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: j April 16" -"-, h ------------------ All in the year 2004 I certify(or declare)under penalty of perjury that the foregoing s true and correct. - ;--r Y g g�L Dated at Palm Springs,California this-----loth---da f T tagollc lly Sashn�ro Kacilit es)�npu15315 to Scallion om Fur l of--------May-------------- -- 2004ojec h Z.r i' , clans) of the California Environmental Ouajt Dgctt � � (CEOA), whaised the proposed Tentative ytract --------,----- ----- -----------------^--------------�- zp nests the conditions Outllncd far existing fa- Signature cih'has and mmor land divisions, If anyy individual or group challenges the action In conrf. issues raised may be limited to only those issues reread at the public hearing described In this notice ar in written correspondence at, or po- or to, the Planning Commission hearing. An op- portunity will be given at said hearing for all inter- ested persons to be heard Questions regarding this case may be directed to Gabilel Cleo, Assis- tant Planner, Department Of Planning &Zoning,(76c) 323-3245. Si necesita ayuda con osta more,to,favor Ilame a Ia Ciudad de Palm Springs y puede hablar con Genial Dlaz telefono 760 323-3245. 75/Doughs F.Fivers Pt Mrs"for of Planning and Zoning RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 32263, FOR THE CONVERSION OF A 33,300 SQUARE FOOT LIGHT INDUSTRIAL OFFICE BUILDING INTO A BUSINESS CONDOMINIUM COMPLEX AND SUBDIVISION OF 2.30 ACRES OF LAND INTO 1 LOT. LOCATED AT 1301 MONTALVO WAY, ZONE M-1-P, SECTION 7. WHEREAS, Palm Springs Commerce Center, LLC(the"Applicant')has filed an application with the City pursuant the Palm Springs Municipal Code Section 9.60 for a Tentative Tract Map to subdivide 2.30 acres of land into 1 lot located at 1301 Montalvo Way, Zone M-1-P, Section 7; and WHEREAS, the Applicant has filed Tentative Tract Map 32263 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 32263, was given in accordance with applicable law; and WHEREAS, on April 28, 2004, a public hearing on the application for Tentative Tract Map 32263 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission, at its April 28, 2004 meeting, recommended approval of Tentative Tract Map 32263; and WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to consider Tentative Tract Map 32263, was given in accordance with applicable law; and WHEREAS, on May 19, 2004, a public hearing on the application for Tentative Tract Map 32263 was held by the City Council in accordance with applicable law; and WHEREAS,the proposed subdivision,Tentative Tract Map 32263, 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 15301 (Existing Facilities) and 15315 (Minor Land Divisions). 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. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that, Tentative Tract Map 32263 is categorically exempt from environmental assessment per Section 15301 (Existing Facilities) and 15315 (Minor Land Divisions) of the California Environmental Quality Act (CEQA). HC 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 an business office complex is authorized by the City's Zoning Ordinance and General Plan. The proposed Tentative Tract Map application for a 9 unit business condominium development 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 project site is currently under construction. The subject property is zoned M-1- P(Service/Manufacturing Zone)and designated A(Airport)in the General Plan. The proposed lot is 2.30 acres. The Palm Springs Commerce Center was approved by the Planning Commission on July 24, 2002 as a by right of zone project and meets all codes and ordinances. The 9 unit light industrial building use fits within the broad range of uses typically allowed in the A General Plan and M-1-P Zoning Ordinance categories. The proposed business condominiums are one (1) story with a maximum height of thirty one (31)feet. The applicant is constructing fifty seven (57) standard parking spaces and twenty seven (27)compact parking spaces. Total building ground floor lot coverage is 33,321 square feet comprising of 33% of the total lot area. Landscaped open space is 17,356 square feet comprising of 15% of the total lot area. 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 to the property will be from a two driveway entries on Montalvo Way. Internal circulation consists of a 24 and 26 feet wide ingress and egress common driveways. 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. The project is consistent with good development practices and would be beneficial to development in the vicinity. i G.� 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 day of , 2004. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: � y 1163