Loading...
HomeMy WebLinkAbout19679 - RESOLUTIONS - 11/3/1999 RESOLUTION NO. 19679 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFOR'.NIA, SUBJECT TO THE CONDITIONS STATED, APPROVAL TTM 29284 TO JACK HERUSKA AND THE PAROCELA GROUP FOR A ' PROPOSED CONVERSION OF AN EXISTING FOURTEEN (14) UNIT APARTMENT COMPLEX, COMMONLY KNOWN AS THE LAS CASITAS GARDEN APARTMENTS, INTO A THIRTEEN (13) UNIT RESIDENTIAL CONDOMINIUM COMPLEX LOCATED AT.955 EAST PAROCELA PLACE. R-2 ZONE,SECTION 23, AND MAKING FINDINGS IN SUPPORT THEREOF. -------------- WHEREAS,Jack Heruska ofthe Parocela Group(the"applicant")has filed an application with the City pursuant to Pahn Springs Municipal Code Section 9.62 for a Tentative Tract Map,the State of California Map Act and Zoning Ordinance Sec.9203,(R-2 development standards),for the conversion of an existing fourteen(14)unit apartment complex,commonly known as the Las Casitas Garden Apartments, into a thirteen(13)unit condominium complex located at 955 East Parocela Place. R-2 zone, Section 23; and WHEREAS, notice ofpublic hearing of the Planning Commission ofthe City ofPahn Springs to ' consider Applicant's application for Tentative Tract Map 29284 was given in accordance with applicable law; and WHEREAS,on September 22, 1999,a public hearing on the application for Tentative Tract Map 29284 was held by the Planning Commission in accordance with applicable law and approved unanimously; and WHEREAS,notice ofpublic hearing of the:City Council of the City ofPalm Springs to consider Applicant's application for Tentative Tract Map 29284 was given in accordance with applicable law; and WHEREAS,on February 24, 1999 the applicant met the noticing requirement of Section 66452.8 of the Subdivision Map Act relative to noticing tenants a minimum of sixty(60)days prior to the filing for a Tentative Map and subsequent Map Act noticing standards are conditioned for compliance, and WHEREAS,the City Council has carefully reviewed and considered all ofthe evidence presented in connection with the hearing on the proj ect,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 Municipal Code Sec. 9.62, the California Map Act and Zoning Ordinance Section 9203.00, the Planning Commission finds that: a. The use applied for at the location set forth in the application is properly one for which a Tentative Tract Map/Condominium Conversion is authorized by the City Zoning Ordinance. Reso 19679 law C W Page 2 b. Pursuant to the Zoning Ordinance,a Tentative Tract Map facilitating a condominium conversion is authorized by the City's Zoning Ordinance within the R-2 zone. c. The use applied for is necessary or desirable for the development of 'I 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. d. 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. e. The use applied for will not adversely affect the City's housing stock. f. The conditions to be imposed are deemed necessary to protect the public health,safety and general welfare,including any minormodifications of the zone's property development standards. Section 2: Pursuant to Govemment Code Section 66473.5,the City Council finds that the proposed Tentative Tract Map 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 Section 3: Pursuant to Government Code Section 66474,the Planning Commission finds that with the incorporation of the 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 ofdevelopment 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 the habitat. f. The design ofthe subdivision or improvements is not likely to cause serious public health problems. Reso 1.9679 Page 3 Section 4: Pursuant to the California Subdivision Map Act Section 66427.1 the noticing standards require: a. Each tenant shall receive written notification of intention to convert to ' condominiums at least 60 days prior to the filing ofa Tentative Map. This notice has occurred. Additionally each tenant shall receive a 10 day, written notification that an application has been submitted to the; Department of Real Estate. b. Each tenant shall receive a written notification within 10 days of approval of a Final Map for the proposed conversion. c. Each of the tenants of the proposed condominium shall receive a 180 days written notice of intention to convert prior to the termination of tenancy due to the conversion. d. Each tenant of the proposed condominium shall be given notice of art exclusive right to purchase his or her respective unit for terms available to the general public or terms more favorable to the tenant. 'This right shall run for aperiod of not less than 90 days from the date ofissuance ofthe; subdivision public;report unless the tenant gives prior written notice of his or her intention riot to exercise the right. NOW,THEREFORE,BE IT RESOLVED that,based upon the foregoing,the City Council hereby approves Tentative Tract Map 29284 facilitating the conversion of a fourteen(14)unit apartment complex,commonly known as the Las Casitas Garden Apartments,into an thirteen(13) unit condominium complex located at 955 East Parocela Place, subject to those;conditions set forth in Exhibit A,which are to be satisfied prior to the issuance of a Final Map unless otherwise specified. ADOPTED this3rdday of November1999. AYES: Councilmembers Barnes, Hodges, Oden, Reller-Spurgin and Mayor kleindienst NOES: None ABSENT: None ABSTAIN: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager , REVIEWED AND APPROVED a / -p G 3 R19679 Page 3a I 0 VlGINIn' MAP zz �PN70N POitD N.T.S. o U W pQ 7�GN!lNO PAPCGCL.A c� C� IA w SUNNY u DUNES POAD > w P,Pojecr RNER5Of DRAIr z LOCATION 0 Me50ulrE nveNue PhPOGEL/1 CAMINO PfuPOGEL/t PL/iGE r5/MAP CITY OF PALM SPRINGS CASE NO. rPM29254 DESCRIPTION MPLCATIONrO APPLICANT Jl1GKrlEPu5Kit cowfkTANAp/Wrl7ENTCOMPLExINrO PAPOGELA GROUP LLG A CONDOMINIUM COMPLEX nr 955 f 5r PA$ OGeL✓t PL-AGE,r-2 ZONE,SEGrION 23. Reso 19679 r gage 4 • `► Ll RESOLUTION NO. EXHIBIT A 955 East Parocela Place , November 3, 1999 CONDITIONS OF APPROVAL APPLICATION APPROVAL OF TTM 29284 TO CONVERT 14 APARTMENTS TO A THIRTEEN(13)UNIT CONDOMINNM COMPLEX LOCATED AT 955 PAROCELA PLACE EAST, (APN 508-154-018),SECTION 23,T 4 S,R 4 E,S.B.B.M., CASE NO.TI M 29284, ENG. FILE NO. TTM 29284 Before final acceptance of the project,all conditions listedbelow shall be completed to the satisfaction of the City Engineer,the Director ofPlanning,the ChiefofPolice,the Fire Chief or their designee,depending on which department recommended the condition. Any agreements,casements or covenants required to be entered into shall be in a form approved by the City Attorney. I. The proposed development ofthe premises shall conform to all applicable regul ations of the Palm ' Springs Zoning Ordinance,Municipal Code,or any other City Codes,ordinances and resolutions which supplement the zoning district regulations. 1 a. 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 ofPalm 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 Tentative Tract Map 29284. The City of Pahn 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 ofthe matter and pay the City's associated legal costs or will advance funds to pay for defense ofthe matter by the City Attorney. Ifthe City ofPahn 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 harmlless the City ofPalm 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 In flowing an adverse judgement or failure to appeal,shall not cause a waiver of the indemnification rights herein. 2. Any rent controlled tenancy shall be governed by Measure KK,the City of Palm Springs R'.ent ' Control Ordinance. Existing units subject toMeasureKK shall not be sold until such time that all provisions of Measure KK have been complied with. 3. Final landscaping,irrigation and any new exterior lighting shall be submitted iFor approval by the Department of Planning and Building prior to submittal ofa Final Map.Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Reso 19679 Page 5 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 prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 5. Any new proposed trees within the public right-of-way or 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. 6. The applicant,prior to issuance of the Final Map,shall submit a draft declaration of covenants, conditions and restrictions("CC&R's")to the Director ofPlanning and Building for approval in a form to be approved by the City Attorney, to be recorded prior to issuance of occupancy permits. 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 ofPalm Springs,a deposit in the amount of $3,000 for the review of the CC&R's by the City Attorney. 7. All existing and proposed roofmounted mechanical equipment 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 ofthe building(s). The exterior elevations and roofplans ofthe buildings shall indicate any fixtures or equipment to be located on the roofofthe building,the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 8. The street address numbering/lettering shall not exceed eight inches in height. 9A. Submit for review and approval an exterior lighting plan in accordance with the lighting ordinance in effect at the time shall be submitted for review and approval by the Director of Planning& Building prior to the issuance of a Final Map.A photometric study and manufacturer's cut sheets of all exterior lighting on the building,in the landscaping,and in the parking lot shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. 9B. Illumination levels in the parking area shall be an average of one-foot candle with a ratio of average light to minimum light of four to one (4:1). 9C. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 9D. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 10. Remove the storage shed on the western property line prior to the submittal of the Final Map. 11. Provide a sound proof cover for the equipment outside the laundry room prior to the submittal of the Final Map. 12. Provide one (1)handicapped parking space prior to the submittal of the Final Map 13. Provide proof that all of the proj ect conditions are in compliance prior to recording the Final Map. Reso 19679 Page 6 14. File an application for an Administrative Minor Modification for the relief oftwo(2) parking spaces. 15. Provide decorative concrete paving for the four(4)bay parking spaces fronting on Parocela Place. The paving shall be approved by the Director of Planning and Building. ' 16. Section 66427.1 of the Subdivision Map Act requires the following notices: a. Each of the tenants of the proposed condominiums shall receive,pursuant to secti on 66452.9 written notice of intention to convert at least 60 days prior to the filing of a Tentative Map pursuant to Section 66452. There shall be a further finding that each such tenant,and each person applying for the rental of a unit in such residential real property has,or will have,received all applicable notices and rights. In addition,a finding shall be made that each tenant has received 10 days written notification that an application for a public report will be,or has been submitted to the Department of Real Estate,and that such report shall be available on request. b. Each ofthe tenants ofthe proposed condominium shall be given written notification within 10 days of approval of a Final Map for the proposed conversion. c. Each ofthe tenants ofthe proposed condominium shall be given notice of that the proj ect has been or will be given 181) days written notice of intention to convert prior to termination of tenancy due to the conversion or the proposed conversion. d. Each of the tenants ofthe proposed condominium has been,or will be,,given notice of an ' exclusive right to contract for the purchase ofhis or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period ofnot less than 90 days from the date of issuance ofthe subdivision public report pursuant to Section 11018.2 of the Business and Professions Code,unless the tenant gives prior written notice of his or her intention not to exercise the right. Relocation Assistance: 17. The Parocela Group LLC, or successor in interest thereto, shall provide a "Relocation Allowance"in the amount of One Thousand and 00/100 Dollars($1,000.00)/per unit at the subject property. Said "Relocation Allowance" is expressly conditioned upon the following: a. The tenant must have been in occupancy oftheir unit in the subject property on February 24, 1999,the initial notice date to tenants of Parocela Group,L.L.C.'s intent to file a tentative tract map with the City of Palm Springs. In. Parocela Group, L.L.C. or any successor in interest thereto, has, in fact, formally provided the tenants of the subi ect property with the 180-day written notice of its intent to convert to condominiums,pursuant to 16.c above. , C. The tenant has waived,in writing,its exclusive right to purchase his or lrerunit pursuant to 16.d above. d. The tenant must provide legal notice of its intent to vacate the unit in accordance with the actual nature of its tenancy. Reso 19679 Page 7 e. The tenant must be in full compliance and not in default of any of the terms or conditions of its Lease Agreement with Parocela Group,L.L.C.or any successor in interest thereto at the time of actual vacation of its unit at the subject property. f. Upon all of the above conditions outlined above being met by Tenant,Parocela Group, L.L.C. or any successor in interest thereto shall pay to Tenant on the day of actual vacation of the unit at the subj ect property,the"relocation allowance"in the amount of One Thousand and 00/100 Dollars ($1,000.00). Tenant Purchase Discounts: 18. The Parocela Group,L.L.C.or any successor in interest thereto will,in conjunction with its notice to tenants of their exclusive right to contract for the purchase of their individual units,pursuant to 16.d above,provide tenants with an opportunity to purchase their individual units with the following additional incentives: "As-Is"Condition Discount:Parocela Group L.L.C.or any successor in interest thereto will provide tenants with a discount offthe listed sales prices for their particular unit in the event they opt to purchase their individual unit in an"as-is"condition. An"as-is"condition sale to tenant shall mean that Parocela Group,L.L.C.or any successor in interest thereto will not perform any form of rehab or upgrade to the individual unit and further,will not provide at the time of sale to the tenant,any representations orwarranties relative to the unit's individual systems,i.e.,electrical, plumbing,heating and air conditioning,as well as any appliances located in the unit at the time of sale to the tenant. The following "As-Is" Condition Discounts will be offered: One Bedroom Unit: Ten Thousand and 00/100 Dollars ($10,000) Two Bedroom Unit: Twelve Thousand Five Hundred and 00/100 Dollars ($12,500) Real Estate Commission Discount:Parocela Group,L.L.C.or any successor in interest thereto will provide tenants who opt to purchase their units and do not utilize the services of an outside real estate agent or broker(which would require that a"co-op"real estate commission be paid by Parocela Group.L.L.C.or any successor in interest thereto),with an additional discount in the amount of Three Percent (3%) of the actual sales price paid by the tenant. The above outlined incentives are expressly conditioned upon the following: a The Tenant must exercise their"exclusive right to contact for the purchase"of their particular unit in writing and on a timely basis as outlined in 16.d above. b. The Tenant must be in full compliance and not in default of any ofthe terms or conditions of its Lease Agreement with Parocela Group,L.L.C.or any successor in interest thereto at the time of exercising,in writing,said exclusive right to contract for the purchase oftheir individual unit. POLICE DEPARTMENT: 19. Developer shall comply with Section II of Chapter 8:04 of the Palm Springs Municipal Code. ' —� / N7 Rego 1.9679 /+c,o. s Page 8 BUILDING DEPARTMENT: 20. Prior to any construction on-site, all appropriate permits must be secured. 21. Replace the block wall that has been uplifted by a tree,(now cut to a stump),on the western property line. Details of the wall repair shall be shown on the final wall plans submitted for building permits. ' 2.2. Remove the remaining stump next to the block wall prior to submittal of Final Map. 23. Provide for disabled accessability when disabled facilities are needed by equipping three(3)units in the following manner: A. Accessible path of travel to the unit. B. Main entry door threshold access via appropriate threshold ramps. C. Kitchen and bathroom faucets are to have lever style handles. D. Toilet seat height is to be a minimum of fifteen (15) inches up from the floor. E. Base cabinets under the kitchen sink shall be removable without the use of specialized tools and allow for a thirty (30) inch clearance up from the floor. Equip one (1) of the above adapted units in the following manner subsequent t: a purchase by a disabled buyer who requests the accessibility conversion. Cost issues are to be resolved between the buyer and the seller when the improvements are needed. A. Bathroom access to provide 30"x 48"clear floor space in front of the toilet,sink, and tub. B. Climate controls and light switches are to be located between forty-four(44)and forty-eight (48) inches up from the floor. ' C. All interior doors are to be a minimum ofthirty-two(32)inches wide. Doors that are thirty-six(36)inches wide are more accessible to wheelchair users and are to be used when feasible. D. Grab bar reinforcement backing must be provided for the toilet,bath tub and/or shower compartment. 24. Provide pool access security with a five(5) foot high fence or wall around the pool per the standards of the Uniform Building Code prior to approval of the Final Map. FIRE: 25. Construction shall be in accordance with the 1994 Uniform Fire Code with 1995 California amendments, 1994 Uniform Building Code with 1995 California amendments. 26. Exterior doors and openings required by the 1994 Uniform Fire Code,Article 9,Sec.902.3 or the Uniform Building Code shall be maintained readily accessible by the Fire Department. 27. Premises identification shall be in accordance with 1994 Uniform Fire Code,Article 9,Sec.901 and 902 and 1994 Uniform Building Code, Chapter 5. Contact Building Official. 2.8. Provide a KNOX box to installed in an accessible and visible location as determined by field inspector. 29. Contact Desert Water Agency to ascertain if existing water system and fire hydrants as shown in DWA Map Book Page 4-4-23-NE can meet required fire flow. If fire flow cannot be met an , Automatic Fire Sprinkler System will be required. 30. Exit gates,barriers,stairways,and ramps shall be in accordance with 1994 Uniform Building Code. Contact Building Official. 31. Flame retardant treatment and standards shall be in accordance with 1994 Uniform Fire Code. Submit certificates and listings directly to this office as soon as possible. 32. Further comments as conditions warrant. Reso 19679 Page 9 ENGINEERING: 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 33. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. PAROCELA PLACE EAST 34. All broken or off grade CURB, GUTTER, AC PAVEMENT AND SIDEWALK shall be repaired or replaced. SANITARY SEWER 35. Connect all sanitary facilities to the City sewer system IF not already connected. Lateral shall not be connected at manhole. GRADING 36. Drainage swales shall be provided adjacent to all curbs and sidewalks - T wide and 6" deep - to keep nuisance water from entering the public streets, roadways, or gutters. DRAINAGE 37. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure. ON-SITE 38. The minimum pavement section for all on-site streets/parking areas shall be 2-1/2 inch asphalt concrete pavement over 4-inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal. The pavement section shall be designed, using "R" values, determined by a licensed Soils Engineer and submitted with the Fine Grading Plan to the City Engineer for approval. 39. The on-site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00. GENERAL 40. 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 !s� I !eso 19679 'age 10 request of the City of Palm Springs Director, Department of Transportation at such time as deemed necessary. The covenant shall be consummated and submitted to the Engineering Division prior to issuance of a grading permit. 41. 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 ' per City of Palm Springs Standard Drawing No. 203. MAP 42. 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 Division. 43. Developer shall provide tenant notification for subdivisions to be created from the conversion of residential property into a condominium project incompliance with Sections 66427.1 and 66452.3 of the Subdivision Map Act. 44. The Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review. Submittal shall be made prior to issuance of grading or building permits. TRAFFIC 45. The developer shall provide a minimum of 48 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 signal/safety light poles, conduit, pull boxes and all appurtenances located on the PAROCELA PLACE EAST frontage of the subject property. 46. 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. 47. This property is subject to the Transportation Uniform Mitigation,Fee based on the RESIDENTIAL MULTI-FAMILY ITE Code B land use.