HomeMy WebLinkAbout18686 - RESOLUTIONS - 9/6/1995 RESOLUTION NO. 18686
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT
MAP 28033 , SUBJECT TO THE CONDITIONS STATED,
TO CREATE TWENTY-THREE LOTS LOCATED AT THE
SOUTHEAST CORNER OF GENE AUTRY TRAIL AND VISTA
' CHINO, W-M-1-P AND 0-5 ZONES, SECTIONS 7 AND
18 .
WHEREAS, D.T. Palm Springs, (the "Applicant") has filed an
application and has paid the required filing fees with the City
pursuant to Section 9402 . 00 of the Zoning Ordinance and the Palm
Springs Municipal Code Section 9 . 60 for a Tentative Tract Map to
create twenty-three lots at the southeast corner of Gene Autry
Trail and Vista Chino, (the "Project") , M-1-P and 0-5 Zones,
Sections 7 and 18 ; 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 a public hearing of the Planning Commission of
the City of Palm Springs to consider Applicant's application for
Tentative Tract Map 28033 was given in accordance with applicable
law; and
WHEREAS, on July 26, 1995, a public hearing on the application for
Tentative Tract Map 28033 was held by the Planning Commission in
' accordance with applicable law; and
WHEREAS, at the conclusion of its public hearing July 26, 1995, the
Planning Commission adopted Resolution No. 4463 , recommending that
the City Council approve the proposed Subdivision, Tentative Tract
Map 28033 , subject to the findings and conditions stated in
Resolution No. 4463 ; and
WHEREAS, notice of public hearing of the City Council of the City
of Palm Springs to consider the proposed Subdivision, Tentative
Tract Map 28033 , was given in accordance with applicable law; and
WHEREAS, pursuant to Government Code Section 66412 . 3 , the City
Council has considered the effect of the proposed subdivision,
Tentative Tract Map 28033 , on the housing needs of the region in
which Palm Springs is situated and has balanced these needs against
the public service needs of its residents and available fiscal and
environmental resources; and the approval of the proposed
subdivision represents the balance of these respective needs in a
manner which is most consistent with the City's obligation pursuant
to its police powers to protect the public health, safety, and
welfare; and
WHEREAS, the City Council 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, all
environmental data including the initial study, the environmental
impact report prepared for the Palm Springs Classic project and all
written and oral testimony presented.
R18686
Page 2
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA, the City Council finds as w
follows:
Pursuant to CEQA, the City Council finds ghat the tentative
tract map is in compliance with the Final Environmental Impact
Report that was prepared for the Palm Springs Classic project ,
and is in compliance with CEQA, the State CEQA Guidelines, and
the City' s CEQA Guidelines; the EIR adequately addresses the
general environmental. setting of the proposed Project, its
significant environmental impacts, and the alternatives and
mitigation measures related to each significant environmental
effect for the proposed Project.
Section 2 •
A mitigation monitoring program was adopted pursuant to Public
Resources Code Section 21081. E in order to assure compliance
with the above referenced mitigation measures during Project
implementation. This mitigation monitoring program is
included as a condition of approval set forth in the
conditions of approval for the Palm Springs Classic project on
file in the Department of Planning and Building.
Section 3 •
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,
policies and general land uses and programs provided in the
City's General Plan and any applicable specific plan.
Section 4 • '
Pursuant to Government Code Section 66474 , the City Council
finds that with the incorporation of those conditions attached
in Exhibit A:
a. The proposed map is consistent with the applicable general
and specific plans.
b. The design or improvements of the proposed subdivision are
consistent with the General Plan.
C. The site is physically suitable for the type of
development contemplated by the proposed subdivision.
d. The site is physically suitable for the proposed density
of development contemplated by the proposed subdivision.
e. The design of the subdivision or improvements is not
likely to cause substantial environmental damage or
substantially and unavoidably injure fish or wildlife or their
habitat.
f. The design of the subdivision or improvements is not '
likely to cause serious public health problems.
g. The design of the subdivision or the type of improvements
will not conflict with easements, acquired by the public at
large, for access throughh or use of the property within the
proposed subdivision.
R18686
Page 3
h. 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 right-of-way dedication and off-site improvements, which
are required by the Zoning ordinance and recommended by the
Palm Springs Classic Environmental Impact Report and traffic
studies, are related to the project since the property owners
must use Gene Autry Trail and Vista Chino to access the site.
Also, the purpose of the right-of-way dedication for San
Joaquin Drive along the eastern property boundary is to
provide access for property owners located to the immediate
north. 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
Gene Autry Trail, Vista Chino and San Joaquin Drive such as
dedication of easements, sidewalks/bikepaths 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.
Section 5 :
Pursuant to Government Code Section 66474 . 6, the City Council
has determined that the discharge of waste from the proposed
subdivision into the existing sewer system will not result in
a violation of existing requirements prescribed by the
Regional Water Quality Control Board; and
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing,
' the City Council hereby approves Tentative Tract Map 28033 subject
to those conditions set forth in the attached Exhibit A on file in
the City Clerks office, which are to be satisfied prior to the
issuance of a Certificate of Occupancy unless other specified.
ADOPTED this 6th day of September , 1995.
AYES : Members Hodges, Kleindienst, Lyons, Reller-Spurgin and Mayor Maryanov
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRIN ALIFORNIA
\ City Clerk i Mana r
REVIEWED BY:
' 4C.3
RESOLUTION NO.
EXHIBIT A
Tentative Tract Map 28033
Palm Springs Classic
CONDITIONS OF APPROVAL
September 6, 1995
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.
PLANNING:
1. The proposed development of the premises shall conform to the
Palm Springs Classic Conditions of Approval dated October 19,
1994 on file in the City of Palm Springs Department of
Planning and Building and 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
advisory agencies, or legislative body concerning Tentative
Tract No. 28033 . 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 . The final development plans for each phase of development
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, sign program, mitigation monitoring program, site cross
sections, property development standards and other such
documents as required by the Planning Commission. Final
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APPROVED BY THE CITY COUH(
9 1 L Vp �-L Z;L
development plans shall be submitted within two (2) years of
the City Council approval of the preliminary planned
development district. Additional conditions regarding final
development plans may be warranted upon review and approval of
final development plans.
4 . The street frontage landscaping for the commercial/industrial
in the area shall be installed when the subdivision
improvements for the commercial property are installed. This
includes Lots Nos. 10 through 16.
4a. Final landscaping, irrigation, exterior lighting, and fencing
plans shall be submitted for approval by the Department of
Planning and Building. The plans shall be required prior to
the issuance of any building permits. Landscape plans shall
be approved by the Riverside County Agricultural
Commissioner's Office prior to submittal.
4b. Final landscaping plans shall increase the use of transition
and arid landscape through out the project including the hotel
and VOU's. This landscape modification shall be shown on the
final plans.
4c. The Classic landscape plan shall include and be utilized as
the master landscape plan for all future developments along
Gene Autry Trail and San Joaquin Drive.
4d. That the landscape plan provide additional desert arid
transition landscape areas.
5. 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
prior to the issuance of a building permit. Refer to Chapter
8 . 60 of the Municipal Code for specific requirements.
6. 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.
7 . The hotel, temporary clubhouse for Phase I, permanent
clubhouse, tennis complex, Vacation Ownership Units, and all
research development, commercial/retail and industrial
buildings shall be subject to architectural review per Section
2 . 0 of the Zoning Ordinance. Appeals shall be processed
through the Planning Commission with no fee applicable.
Appeals to City Council shall be pursuant to the Municipal
Code requirements and applicable fees.
8 . Prior to issuance of a grading permit, Fringe-toed Lizard
Mitigation fees shall be paid.
9 . Prior to issuance of a building permit, the applicant must
provide a standard avigation easement and non-suit covenant in
a form prescribed and approved by the City Attorney, with
reference to present and future owners of the parcel.
10. The applicant shall submit a draft declaration of covenants,
conditions and restrictions ("CC&R's") and design guidelines
for the subject site to the Director of Planning and Building
for review and approval prior to final map approval. The
CC&R's and design guidelines shall be in a form approved by
the City Attorney and shall be recorded with the final map.
The CC&R's shall be enforceable by the City, shall not be
amended without City approval and shall require maintenance of
all property in a good condition and in accordance with all
ordinances. The City shall have the right after providing
reasonable notice to preform any work required of applicant,
and may lien the property to recover its reasonable costs of
performing such work.
In addition, the CC&R's shall include provisions for all
deferred improvements (Conditions 22 through 24) .
As an alternative to preparing and incorporating the design
guidelines into the CC&R's, the developer may propose an
alternative mechanism deemed satisfactory by the Director of
Planning and Building and the City Attorney whereby all
prospective lot purchasers are notified that this document
will be prepared at a later time and will guide all future
developments and improvements for the hotel, clubhouse, tennis
complex, Vacation Ownership Units (Lots 1 through 6) and the
office/commercial lots (Lots 10 through 16) . The design
manual for the subject lots shall be submitted to the City and
approved prior to acceptance of any applications for any
future developments and/or the sale, lease or transfer of the
subject lots. The CC&R's shall also include a reference to
the Final Environmental Impact Report and Mitigation
Monitoring Program and shall address how mitigation measures
including but not limited to off-site traffic mitigation will
be handled as individual lots are developed.
The developer shall deposit funds in the amount determined by
the City Manager prior to the review of the CC&R's guidelines
to fully reimburse the City for the costs of the City
Attorney's review of said documents.
11. 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.
12 . Perimeter walls shall be designed, installed and maintained in
compliance with the corner cutback requirements as required in
Section 9302 . 00.D.
13 . The design, height, texture and color of fences and walls
shall be submitted for review and approval prior to issuance
of building permits.
14 . Texture, materials, and colors to be used on the proposed
building(s) , fences and walls shall be submitted for review
and approval prior to issuance of building permits.
15 . Manufacturer's cut sheets of all exterior lighting on any
building, in the golfcourse landscaping, and in any parking
lot shall be submitted for approval prior to issuance of a
building permit.
16 . This project shall be subject to Chapters 2 . 24 and 3 . 37 of the
Municipal Code regarding public art. The project shall either
provide public art or payment of an in lieu fee. In the case
of the in-lieu fee, the fee shall be based upon the total
building permit valuation as calculated pursuant to the
valuation table in the Uniform Building Code, the feeing being
1/2% for commercial projects or 1/4% for residential projects
with first $100, 000 of total building permit valuation for
individual single-family units exempt. Should the public art
be located on the project site, said location shall be
reviewed and approved by the Director of Planning and Building
and the Public Arts Commission, and the property owner shall ve
APPROVED BY THE CITY COUNCIL
enter into a recorded agreement to maintain the art work and ��
protect the public rights of access and viewing.
17. 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
water from entering the public streets, roadways or gutters.
The drainage swales shall be noted in grading plans.
18 . The applicant shall provide all tenants with Conditions of
Approval of this project.
ENGINEERING:
The Engineering Division requirements for this project were
initially stated in Resolution No. 18493 and 18494, Exhibit A, as
approved by City Council on October 19, 1994 for Palm Springs
Classic. Said requirements shall remain in effect in addition to
the following:
VISTA CHINO ROAD EAST
19 . Construct a 160-foot long by 12-foot wide bus turn out on the
Vista Chino Road East frontage between parking lot driveways.
The configuration shall be approved by the City Engineer in
conjunction with SunLine Transit. Contact SunLine Transit for
details regarding bus stop furniture/shelter requirements.
SAN JOAOUIN DRIVE
*20. Any improvements within the street right-of-way require a City
of Palm Springs Encroachment Permit.
*21. Construct a 6 inch curb and gutter, 18 feet WEST of centerline
along the entire frontage of the subject property currently
improved adjacent to the Dream Homes in Cathedral City per
City of Palm Springs Standard Drawing No. 200.
*22 . 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.
*23 . Construct a minimum pavement section of 2-1/2 inch asphalt
concrete pavement over 4 inch Class II 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. 110 and 300. The pavement section shall
be designed, using "R" values, by a licensed Soils Engineer
and submitted to the City Engineer for approval.
*24 . There shall be no access to San Joaquin Drive from this
project.
* Deferred by covenant
FIRE:
25. The project shall comply with all adopted uniform codes and
ordinances and other nationally recognized fire prevention
standards.
APPROVED BY THE CITY COUNCIL
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