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HomeMy WebLinkAboutPC Resolution _4722- Case 5.0850-PD-263RESOLUTION NO.4722 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING APPROVAL OF CASE NO. 5.0850-PD-263 / TENTATIVE TRACT MAP 29695 TO ALLOW FOR A 9 LOT SUBDIVISION AND SINGLE FAMILY RESIDENTIAL DEVELOPMENT LOCATED ALONG THE WEST SIDE OF AVENIDA CABALLEROS BETWEEN COTTONWOOD ROAD AND CHUCKWALLA ROAD, R-2 ZONE, SECTION 11. WHEREAS, the Planning Commission has received a request by Interactive Design Corporation for the Coachella Valley Housing Coalition fora Planned Development and Tentative Tract Map to allow for a 9 lot subdivision and single family residential development (the project); and WHEREAS, the proposed development will provide nine affordable single family residences; and WHEREAS, the city has actively worked towards improving this residential neighborhood with an active community preservation program; and WHEREAS, the Zoning Ordinance requires lots zoned R-2 to contain a minimum of 20,000 square feet, have front setbacks of 25 feet, and have side setbacks of 10 feet and the proposed project requests relief of these property development standards; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider the applications for Case No. 5.0850-PD-263 and Tentative Tract Map 29695 was given in accordance with applicable law; and WHEREAS, on November 22, 2000, a public hearing on the application for the Planned Development and Tentative Tract Map 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 hearing 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 as follows: This action is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15332 (In -Fill Development Projects). Section 2: Pursuantto 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: policies, and general land uses and programs provided in the City's General Plan and any applicable specific plan; and Page 2 of 4 Resolution Case No. 5.0850/TTM 29695 November 22, 2000 Section 3: Pursuantto Government Code Section 65567, the Planning Commission finds that the proposed subdivision and the provisions for its design and improvements are compatible with the objectives, policies, and general land use provided in the City's local open space plan; and Section 4: Pursuant to Government Code Section 66474, the Planning Commission finds that with the incorporation of those conditions attached in Exhibit A: a. The proposed map and preliminary planned development district are consistent with the applicable general and specific plans. The subject property is designated as M15 (Medium Density Residential) with15 units per acre and is zoned R-2. The application entails subdividing .745 acres into 9 single family residential lots. The project complies with the General Plan and will be a beneficial improvement within the neighborhood b. The design or improvements of the proposed subdivision are consistent with the General Plan. The improvements associated with the proposed subdivision include single family residential units, sidewalks, and landscaping. The proposed single family residential units provide off- street parking, adequate front yard setbacks and have been designed to be compatible with surrounding developments. All of the proposed improvements are consistent with the General Plan. c. The site is physically suitable forthe type of development contemplated by the proposed subdivision. The projectwili complywith all R-2 property development standards with the exceptionn of lot sizes, side yard setbacks, and lot width. Cottonwood Road and Chuckwalla Road will provide a bufferforthe existing residences to the north and south and single story units are proposed adjacent to existing single story apartments. Thus, the project is compatible with the surrounding neighborhood. Page 3 of 4 Resolution Case No. 5.08501TTM 29695 November 22, 2000 d. The site is physically suitable for the proposed density of development contemplated by the proposed subdivision. The project will be compatible with existing land use designations in the surrounding neighborhood based on the density. The proposed 9 unit development is consistent with the General Plan designation of 15 units per acre. In this case, the units would consist of both one-story and two-story units that have been designed to respect the existing single story buildings in the neighborhood. The neighborhood also consists of some existing two-story buildings to the north and to the west of the subject property. There are existing two-story condominiums directly across Cottonwood Road to the north that are similar in scale to those proposed. Two-story multi -family (hotel and residential condominiums) have been developed westerly of the subject property and have been encouraged to help redevelop this neighborhood. Thus, the projectshould be compatiblewith the surrounding neighborhood. e. 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. Conditions of this projectwill require dedication of right-of-way along Avenida Caballeros, Chuckwalla Road, and Cottonwood Road so that the streets can be developed to their ultimate right-of-way as required by the General Plan such that these roadways will not be 4 negatively impacted by trips generated from this project. f. The conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety, and general welfare, including any minor modifications of the zone's property development standards. All proposed conditions of approval are necessary to ensure public health and safety including, but not limited to, the requirements for curb, gutter, and sidewalks. Additionally, the project design features street trees adjacent to sidewalks, landscaped front yards, enclosed garages, and deep driveways to provide adequate off-street parking. g. A nexus and rough proportionality have been established for requirement of dedication of the additional right-of-way to the City and the off -site improvements as related to the tentative tract map. The off -site improvements, which are required by the Zoning Ordinance, are related to the project since the property owners must use Avenida Caballeros to access the site. Currently, the subject property is vacant and therefore little or no usage of the roads, sidewalks, and utilities is due to the subject property at this time. However, the future property owners will benefit from any improvements made to Avenida Caballeros such as dedication of easements, sidewalks, and future widening. The required dedication of right- of-way and improvements will provide safety benefits to the property owners and will aesthetically enhance the neighborhood. Page 4 of 4 Resolution Case No. 5.08501TTM 29695 November 22, 2000 NOW, THEREFORE, BE IT RESOLVED that, based on the foregoing, the Planning Commission hereby recommends approval of Tentative Tract Map 29695 and Case No. 5.0850-PD-263 subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to issuance of building permits for the project, unless otherwise specified. ADOPTED this 22 day of November , 2000. AYES: Mills, Raya, Klatchko, Matthews, Shoenberger NOES: ABSENT: Jurasky, Caffrey ATTEST: CITY OF PALM SPRINGS, CALIFORNIA 14 Planning Commission Chairman Planning &mmission Secretary .+reKUVtU t$) riHlrnueu 6 085a•• PU-3v 3 .,ne �i�ak5 ,. oate__f -4— Aitlal _ L] Vb APPROVED BY CITY COUNCIL RESOLUTION NO. 4722 .Ice #._._ - Oate-------- lnitial.-.__.._— EXHIBIT A 'Wlution _.. ----•- Ordinance _.. _--• —_ APPF0—%1A 51-J_WECi- 10 ALL REQUIRED West side of Avenida Caballeros • rnNf11Tii-fAS t3Y uROVE BOGIES between Cottonwood Road and Chuckwalla Road November 22, 2000 Case No. 5.0850-PD-263 TTM 29695 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. I. 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 5.0850-PD-2631TTM 29695. 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 applicantwill 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 orfailure to appeal, shall notcause a waiver of the indemnification rights herein. 3. The final development plans shall be submitted in accordance with Section 9403.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. Page 2 of 9 Conditions of Approval November 22, 2000 4. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Building for review and approval in conjunction with #6 above. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 5. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 6. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 7. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance waterfrom entering the public streets, roadways or gutters. 8. 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 per City of Palm Springs Engineering specifications. 9. No exterior downspouts shall be permitted on anyfacade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 10. All roof mounted mechanical equipment (if proposed) shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 11. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 12. The street address numbering/lettering shall not exceed eight inches in height. 13. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 14. Trash cans shall be screened from view and kept within fifty (50) feet of the street. Page 3 of 9 Conditions of Approval November 22, 2000 15. An assessment district must be entered into with the City of Palm Springs to maintain the landscaped parkways located in the right-of-way along the street frontages. 16. The sidewalk along Avenida Caballeros must be an eight (8) foot wide meandering sidewalk. A majority of this sidewalk should be adjacent to the curb. The design of this sidewalk must be approved by the Director of Planning and Building priorto the issuance of building permits. 17. Add a rear yard (or where appropriate) tree(s) where two-story units adjoin single -level units. FIRE: 18. Construction shall be in accordance with the 1998 California Fire Code, the 1998 California Building Code,1996 National Electrical Code, City of Palm Springs Ordinance 1570, Desert Water Agency and NFPA 13D (Modified). 19. Approved addresses shall be plainly visible and legible from the street or road fronting the property per the 1998 California Building Code. Contact building official. 20. Construction site fencing required. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. Access gates shall be at least 14' in width and equipped with a frangible chain and padlock. 21. Provide a garden hose or hoses on construction site equipped with an adjustable spray nozzle or nozzles capable of reaching all combustible construction. 22. If the required fire flow of 1250 GPM cannot be met with the existing water supply and fire hydrants an automatic fire sprinkler system with 24 hour monitoring will be required. Installation shall be in accordance with NFPA Pamphlet 13D (Modified). Contact this office as soon as possible. 23. Residential Smoke Detectors shall be installed to protect all sleeping areas in accordance with the 1998 California Building Code. Contact building official. 24. Each building shall be assigned an individual address and plancheck number. 25. Further comments as conditions warrant. Page 4 of 9 Conditions of Approval November 22, 2000 ENGINEERING: The Engineering Department 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. 1. 4:4:01 26. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Secondary Thoroughfares. 27. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B. All agreements and improvement plans approved by City Engineer, IF applicable- C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. GIVA t I►IIiTTAYi ; :: ; • 28. Dedicate an additional right-of-way of 14 feet to provide the ultimate half streetwidth of 44 feet along the entire frontage (APN 507-042-011), togetherwith a property line - corner cut- back at the NORTHEAST corner of the subject property in accordance with City of Palm Springs Standard Drawing No. 105. 29. Dedicate a property line - corner cut -back at the SOUTHEAST corner of the subject property (APN 507-042-022) in accordance with City of Palm Springs Standard Drawing No. 105. 30. Construct a 6 inch curb and gutter 32 feet WEST of centerline along the entire frontage, with a 35 foot radius curb return at the NORTHEAST and SOUTHEAST corners of the subject property per City of Palm Springs Standard Drawing No. 200. Page 5 of 9 Conditions of Approval November 22, 2000 31. Construct a 6' 6" to 8 foot wide colored sidewalk along the entire AVEN I DA CABALLEROS frontage. The construction shall be adjacent to the curb with colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, orapproved equal color by the Engineering Department. The concrete shall receive a broom finish. 32. Construct the SOUTH half of an 8 foot cross gutter and spandrel at the intersection of COTTONWOOD AVENUE and AVENIDA CABALLEROS with a flow line parallel to the centerline of AVENIDA CABALLEROS in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 33. Construct the NORTH half of an 8 foot cross gutter and spandrel at the intersection of CHUCKWALLA ROAD and AVENIDA CABALLEROS with a flow line parallel to the centerline of AVENIDA CABALLEROS in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 34. Construct a curb ramp meeting current California State Accessibility standards at the NORTHEAST and SOUTHEAST corners of the subject property per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 35. Remove and replace existing pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to clean saw cut edge of existing pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 330 and 110. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 36. All broken or off grade CURB, GUTTER and AC PAVEMENT shall be repaired or replaced. COTTONWOOD AVENUE 37. Construct a 6 inch curb and gutter 18 feet SOUTH of centerline along the entire frontage of the subject property per City of Palm Springs Standard Drawing No. 200. (Remove all cracked or unsuitable existing curb, gutter, sidewalk, and reconstruct per items No. 36 and No. 38. Remove all existing driveway approaches. The existing curb, gutter and sidewalk which is undamaged shall remain in place except for proposed driveway approaches which shall be constructed per item No. 38) 38. The driveway approaches shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum widths of 10 feet. 39. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. Page 6 of 9 Conditions of Approval November 22, 2000 40. Remove and replace existing pavement with a minimum pavement section of 2 112 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 300 and 110. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 41. All broken oroff grade CURB, GUTTER, SIDEWALKAND AC PAVEMENT shall be repaired or replaced. 191'aff 42. The existing curb and gutter shall remain in place except for curb cuts necessary for driveway approaches. 43. The driveway approaches shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum widths of 10 feet. 44. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 45. Remove and replace existing pavement with a minimum pavement section of 2 Y2 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of existing gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 300 and 110. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 46. All broken or off grade CURB, GUTTER, AND AC PAVEMENT shall be repaired or replaced. SEWER 47. Connect all sanitary facilities to the City sewer system. Each lot shall have a separate Lateral and shall not be connected at a manhole. GRADING 48 A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. Page 7 of 9 Conditions of Approval November 22, 2000 49. Submit a Grading Plan, with the City of Palm Springs Title Block, prepared by a Registered Professional to the Engineering Department for plan check. Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Department_ The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Copy of final Planning Department comments regarding the Grading Plan. B. Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. E. Copy of Soils Report, IF required by these conditions. 50. Drainage swales shall be provided adjacent to all curbs - 3' wide and 6" deep - to keep nuisance water from entering the public streets, roadways, or gutters. 51. A soils report prepared by a licensed Soils Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site. A copy of the soils report shall be submitted to the Building Department and to the Engineering Department along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. DRAINAGE 52. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure. On -site retention/detention or other measures approved by the City Engineer shall be required if off -site facilities are determined to be unable to handle the increased flows generated by the development of the site. Provide calculations to determine if the developed Q exceeds the capacity of the approved drainage carriers_ 53. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $ 9,212.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 54. Any utility cuts in the existing off -site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional inch. See City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. Page 8 of 9 Conditions of Approval November 22, 2000 55. The owner shall enter into a covenant agreeing to underground all existing overhead facilities on/or adjacent to this property that are less than 35 kV in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be consummated and submitted to the Engineering Department prior to issuance of a grading permit. An updated title report or a copy of the current tax bill shall be provided to verify ownership. 56. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. 5T All existing utilities shall be shown on the grading plans. The existing and proposed service laterals shall be shown from the main line to the property line. The approved original grading plans shall be as -built and returned to the City of Palm Springs Engineering Department prior to issuance of the certificate of occupancy. 58. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 59. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance perCity of Palm Springs Standard Drawing No. 203, 60. 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 per City of Palm Springs Engineering specifications. MAP 61. The 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 Department. 62. The Title Report prepared for subdivision guarantee for the subject property and the traverse closures for the existing parcel and all areas of right-of-way or easement dedication shall be submitted to the City Engineer for review and approval with the Grant Deed. 63. The Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review. Submittal shall be made prior to issuance of grading or building permits. Page 9 of 9 Conditions of Approval November 22, 2000 TRAFFIC 64. The developer shall provide a minimum of48 inches of sidewalk clearance around all street furniture, fire hydrants and other above -ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signallsafety light poles, conduit, pull boxes and all appurtenances located on the AVENIDA CABALLEROS, CHUCKWALLA ROAD and COTTONWOOD ROAD frontages of the subject property. 65. 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 1996, or subsequent additions in force at the time of construction. 66. This property is subject to the Transportation Uniform Mitigation Fee based on the SINGLE FAMILY RESIDENTIAL DETACHED ITE Code B land use.