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Home My WebLink About17836 - RESOLUTIONS - 5/6/1992 r RESOLUTION NO. 17836 y OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL PLANNED DEVELOPMENT DISTRICT APPLICATION FOR CASE 5. 0460-PD-194 IN LIEU OF A CHANGE OF ZONE FOR THE CONSTRUCTION OF A 64-UNIT, TWO-STORY APARTMENT COMPLEX LOCATED ON THE SOUTHEAST CORNER OF AVENIDA CABALLEROS AND BARISTO ROAD, R-G-A(8) ZONE, SECTION 14. WHEREAS Herb Van Vliet (the "Applicant") has filed an application with the City pursuant to Section 9402 . 00 of the Zoning Ordinance + for a Planned Development district in lieu of a Change of Zone for a 64-unit, two-story apartment project, located on the southeast corner of Avenida Caballeros and Baristo Road, RGA (8) Zone, Section 14; and WHEREAS on March 25, 1992, a duly noticed meeting was held on the application for Planned Development District 194 by the Planning Commission in accordance with applicable law; and WHEREAS the proposed Planned Development district 194 is considered a "project" pursuant to the terms of the California Environmental Quality Act (CEQA) and a negative declaration was prepared and filed for this project with the preliminary Planned Development District in accordance with CEQA; and WHEREAS at the conclusion of its meeting on March 25, 1992, the Planning Commission adopted Resolution No. 4184 recommending that ' the city Council approve Planned Development District 194, subject to the findings and conditions stated in Resolution No. 4184; and WHEREAS a duly noticed meeting was held on the application for Planned Development District 194 by the City Council on May 6, 1992, in accordance with applicable law; and WHEREAS the City Council has carefully reviewed and considered all of the evidence presented in connection with the project, including but not limited to the staff report and all written and oral testimony presented. SECTION 1. The City Council hereby finds as follows: Pursuant to CEQA, the City Council finds as follows: a. Because mitigation measures identified in the Negative Declaration have been incorporated into the Project which mitigate any potential significant environmental effects to any point where clearly no significant environmental effects will occur as a result of the project. The mitigation measures adopted are identified as conditions of approval. ' SECTION 2 . A mitigation monitoring program has been adopted pursuant to Public Resources Code Section 21081. 6 in order to assure compliance with the above- referenced mitigation measures during project implementation. These mitigation monitoring measures are included as conditions of approval. i R17836 i Page 2 SECTION 3 . Pursuant to Zoning Ordinance Section 9403 . 00B and 9402 . 00B, the City Council finds that: v a. The use applied for at the location set forth in the application is properly one for which a planned development district .is authorized by the City's Zoning Ordinance (Section 9402.00B6a. ) b. The use applied for :is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located (Section 9402.00B6b. ) . C. The site for the intended use: 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 the land in the neighborhood (Section 9402. 00B6c. ) . d. 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 (Section 9402,.00B6d. ) . e. 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. ' SECTION 4. Pursuant to Government Code Section 65361 and in compliance with a conditional extension of time for the adoption of the City's General Plan granted by the State Office of Planning and Research, the City Council hereby finds as follows: a. The project is consistent with the existing Palm Springs General Plan; and A b. There is a reasonable probability that: the project will be consistent with the proposed General Plan; and C. There is little or no probability that: the project will be detrimental to or interfere with the future adopted General Plan if the project is ultimately inconsistent with that plan. R17836 Page 3 NOW THEREFORE BE IT RESOLVED that based upon the foregoing, Final Planned Development District 194 in lieu of a change of zone is hereby approved 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 6th day of May , 1992 . AYES: Councilmembers Hodges, Lyons, Reller, Schlendorf, and Mayor Maryanov NOES: None ABSENT: None ATTEST-:- CITY`;OF SP QG'$, CALIFORNIA c City Clerk y Mana er REVIEWED & APPROVED: �K� i -49 y EXHIBIT "A" CONDITIONS;. The project is approved subject to the following " conditions, all of which have to be satisfied prior to issuance of the 7sertificate of occupancy unless otherwise specified. a. All Development Committee conditions shall be complied with. b. All mitigation measures of the Environmental Assessment shall be complied with to the satisfaction of the Director of Planning and Zoning. C. That a perimeter fence/wall shall be installed along Baristo Road and Avenida Caballeros. This wall shall not exceed 416" in height and that only one entry gate shall be allowed on the Baristo side. The fence or wall adjacent: to Building licit shall be 6 feet in height. Plans shall be submitted and approved by the Director of Planning and Zoning prior to issuance of building permits. d. That a tot-lot shall be incorporated in the final design of the project. Plans shall be submitted and approved by the Director of Planning and Zoning prior to issuance of building permits. e. That the proposed Silk trees, along the east property line, shall be restudied and that any new plant material be limited to 8 to 10 feet in height in order to protect views for the Y condominium property owners. Trees spaced 40 to 50 feet on center are acceptable. Plans shall be submitted and approved by the Director of Planning and Zoning prior to issuance of building permits. f. That the existing street tree treatment along Baristo Road shall be maintained and that all tree wells shall be designed with a deep root barrier. Plans shall be submitted and approved by the Director of Planning and Zoning prior to issuance of building permits. g. That Building licit shall be shifted 5 feet to the west maintaining a 25 foot setback on Avenida Caballeros and that Building "D" shall be shifted west to maintain a 15 foot separation between buildings, thus increasing the east property line setback to 40 feet. Plans shall be submitted and approved by the Director of Planning and Zoning prior to issuance of building permits. h. That the colors for 'the project shall be restudied with the direction that an accent color be used on all the recessed areas of the building. Revised colors shall be submitted to the Director of Planning and Zoning for review and approval. i. That street lighting shall be installed as per Development 4 Committee conditions., j . That all the on-site drainage on the north portion of the site shall be directed to the satisfaction of the City Engineer to flow to the proposed catch basin located on the southeast corner of Avenida Caballeros and Baristo Road. r f k. That the pad elevation for Building "D" located on the northeast portion of the site shall be lowered 6" from the indicated elevation to the satisfaction of the City Engineer. 1. That the existing wall aloir,�g she east property line shall measure 516" minimum, measured from finish grade on the side of the project. This measurement shall be verified in the field prior to issuance of a Certificate of Occupancy. M. That the turf block from the northeast corner of the parking lot adjacent to Building "D" shall be constructed with the center inverted to channel water flow from the concrete gutter to the sidewalk down and under drain at the northeast corner of the property. A minimum 5 foot planter shall be provided > adjacent to the east property line. A hedge and trees shall be installed and maintained at a height of 8 to 10 feet within the planter. Plans shall be submitted and approved by the Director of Planning and Zoning prior to issuance of building permits. n. That a revised photometric study for the parking area shall be submitted for review and approval by the Director of Planning and Zoning prior to issuance of building permits. Parking lot lighting shall comply with Zoning ordinance requirements. o. That the lighting fixtures proposed to be mounted on the buildings shall be restudied. A revised exterior lighting program shall be submitted and approved by the Director of > Planning and Zoning prior to issuance of the Certificate of Occupancy. p. That the grade along the east side of Building "D" shall be restudied and modified to the satisfaction of the City Engineer to eliminate the 2 : 1 ratio grade next to the footing. q. That the applicant shall study the possibility of adding or relocating a trash enclosure on the northern-most portion of the site, and that this modification shall be subject to Waste Disposal Services and Director of Planning and Zoning review and approval. N �� ATTACHMENT 4 LIST OF OFFICERS Country Estate Homes Corporation Herbert R. Van Vliet Mary F. Van Vliet General Partner/Property Owner Lynn E. Thomsen Y t IWLI STO ILOAD I v u J Qu C I � • I F W parking —� p J r - 0 Q o �D t1 po o 0. Z C1 A(s) A DEYELoP)EP -zM 4 o Park�ny Saristo Flood Control Channel 279 w CITY OF PALM SPRINGS CASE NO. 5.0460-PD-194 _ APPROVED BY PLAN. COMM. DATE APPLICANT Country Estate [Inme, APPROVED BY COUNCIL DATE REMARKS SecLi(,(I 14 ORD. N0. RESOL. NO. •