HomeMy WebLinkAbout19722 - RESOLUTIONS - 1/19/2000 RESOLUTION NO. 19722
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO.
28951 SUBJECT TO THE CONDITIONS STATED, AN
APPLICATION 13Y BRENTWOOD RETIREMENT '
COMMUNITIES FOR A PROPOSED SUBDIVISION OF A 4.39
ACRE PARCEL INTO TWO LOTS OF APPROXIMATELY 2.19
ACRES EACH LOCATED AT 1050 BARISTO ROAD,
APPROXIMATELY 330 FEET EAST OF AVENIDA
CABALLEROS ON T'HE NORTH SIDE OF BARISTO ROAD,R-4
ZONE, SECTION 14, AND MAKING FINDINGS IN SUPPORT
THEREOF.
------------
WHEREAS,Mr.Maurice Monnig and Mr.Don Young ofBrentwood Retirement Communities (the
"applicant") have filed an application with the City pursuant to Palm Springs Municipal Code
Section 9.60 fora Tentative Parcel Map to subdivide 4.38 acres into two leas of approximately 2.19
acres each located at 1050 Baristo Read,approximately 330 feet east of Avenida Caballeros on the
north side of Baristo Road, R-4 zone, Section 14;
WHEREAS, the purpose of the tentative parcel map is to facilitate financing for the development
of Phase One of a new residential senior citizen assisted living facility, which consists of five
residential buildings totaling 85,220 square feet and a 4,644 square foot community building on the
4.38 acre site. Each residential building contains 24 rooms,for a total of 12-0 residential units,with
a proposed maximum of 172 residentsibeds within the facility; and '
WHEREAS, the proposed tentative parcel 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, on December 8, 1999, a public hearing on the application for Tentative Parcel Map
28951 was held by the Planning Commission in accordance with applicable law; and
WHEREAS, on December 8, 1999,the Planning Commission voted 5-1-1 to recommend approval
of the application to the City Council subject to the findings and conditions stated in Resolution No.
4674; and
WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider
Applicant's application for Tentative Parcel Map No.28951 was given in accordance with,applicable
law; and
WHEREAS,on January 19,2000,a public hearing on the application for Tentative Parcel Map No.
28951 was held by the City Council in accordance with applicable law; and
WHEREAS,pursuant to Government Code Section 66452.3,City staff has prepared a written report
with the Planning Commission recornmendation that the proposed subdivision,Tentative Parcel Map '
No. 28951 be approved, and that a copy of that report was served upon the subdivider at least three
(3) days prior to the aforementioned meeting; and
WHEREAS, pursuant to Government Code Section 66412.3, the City Council has considered the
effect of the proposed Subdivision,Tentative Parcel Map 28951,on the needs of the region in which
Palm Springs is situated and has balanced these needs against the proposed public service needs of
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its residents and businesses and available fiscal and environmental resources; 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 proposed subdivision,Tentative Parcel Map No.28951,was reviewed for potential
environmental impacts in conjunction with Conditional Use Permit No. 5.0785, a proposal to
construct a new residential senior citizen assisted living facility, which consists of five residential
buildings totaling 85,220 square feet and a 4,644 square foot community building on the 4.38 acre
site. The related Conditional Use Permit(CUP) is considered a"project"pursuant to the terms of
the California Environmental Quality Act(CEQA);a combined Mitigated Negative Declaration has
been prepared for the applications and has been distributed for public review and comment in
accordance with CEQA; and
WHEREAS,the Planning Commission has previously reviewed and 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 and all written and oral testimony presented.
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA, the City Council finds as follows:
The final combined Mitigated Negative Declaration has been completed in
compliance with CEQA, the State CEQA Guidelines, and the City's CEQA
procedures contained in the City's CEQA Guidelines. The Planning Commission has
previously reviewed and considered the information contained in the Mitigated
Negative Declaration and finds that it adequately discusses any significant
environmental effects of the proposed project,and that,on the basis of the combined
initial study and comments received during the public review process, there is no
substantial evidence that there will be any adverse environmental effects as a result
of the approval of this project. The Planning Commission further found that the
Mitigated Negative Declaration reflects its independent judgment.
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, policies, and general land uses and programs
provided in the City's General Plan and any applicable specific plan.
The proposed tentative parcel map contemplates a subdivision for financing purposes
to expedite the development of phase one of a residential senior citizen assisted
living facility, which is conditionally permitted in the R-4 zone, per the Zoning
Ordinance. This Conditional Use Permit application was approved by the Planning
Commission on May 26, 1999 on the property contemplated under the proposed
Tentative Parcel Map.
Section 3: Pursuant to Government Code Section 65567, the City Council 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.
The proposed subdivision and related development of the senior citizen assisted
living facility are in compliance with the open space policies in the General Plan.
Any future development contemplated on the remainder parcel will also be reviewed
for compliance with the General Plan open space objectives and policies.
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Section 4: Pursuant to Government Code Section 66474, the City Council finds that with the
incorporation of these 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 1
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 the 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 through or use of
the property within the proposed subdivision.
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 1
will not result in a violation of existing requirements prescribed by the Regional
Water Quality Control Board; and
Section 6: A nexus and rough proportionality have been established for the requirement of the
dedication of the additional right-of-way to the City and the off-site improvements
as related to the tentative parcel map.
The off-site improvements, including, but not limited to, the installation of curb,
gutter and sidewalk on the street frontages of the project,which are required by City
Ordinances, are related to the subdivision and proposed or future contemplated
project thereon. The off-site improvements to be installed adjacent to the
development of the senior citizen assisted living facility will benefit the owners,
residents and surrounding residents in the area such that:curbs, gutter and sidewalk
will provide for their safety and aesthetically enhance their property as well as the
surrounding neighborhood.
1
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NOW,THEREFORE,BE IT RESOLVED that,based upon the foregoing,the City Council hereby
approves Tentative Parcel Map No. 28951, subject to those conditions set forth in the Exhibit A,
which are to be satisfied pprior to the issuance of a Certificate of Occupancy unless other specified.
ADOPTED this 19 day of January , 2000.
AYES: Members Jones; Hodges, Oden, and Mayor Kleindienst
NOES: None
ABSENT: None
ABSTAIN: Member Reller-Spurgin
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk City Manager
REVIEWED AND APPROVED AS TO FORM: ��
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RESOLUTION NO.
EXHIBIT A
Tentative Parcel Map No. 28951
Brentwood Retirement Communities '
North side of Baristo Road, 330 feet east of Avenida Caballeros
January 19, 2000
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.
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. '
MAP
1. 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 Parcel Map to the Engineering Division.
2. The Parcel 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.
3. All Conditions of Approval from Resolution No.4646 from Conditional Use Penrut No.5.0785
are still in full force and effect and all applicable conditions that relate to the subdivision of the
property shall be considered attached by reference to the approval of this Tentative Parcel Map.
PLANNING:
4. The proposed subdivision 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.
4a. 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
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Tentative Parcel Map No. 28951 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 judgment or failure to appeal, shall not cause a waiver of the
indemnification rights herein.
5. The applicant prior to recordation of the final map and issuance of building permits shall submit
a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of
Planning 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 address the maintenance
and construction of areas outside of the first and second phases of development (i.e. fugitive
dust,landscaping and irrigation,emergency access,maintenance of unimproved lands within the
project area by Lot 1 owner)and the maintenance of the overall project as one integrated proj ect
in perpetuity and 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 applicant shall submit to the City of Palm Springs, a deposit in the amount of$ 2,000.00,
for the review of the CC&R's by the City Attorney.
6. All Conditions of Approval from Resolution No.4646 from Conditional Use Permit No.5.0785
are still in full force and effect and all applicable conditions that relate to the subdivision of the
property shall be considered attached by reference to the approval of this Tentative Parcel Map.
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