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HomeMy WebLinkAbout19901 - RESOLUTIONS - 9/6/2000 RESOLUTION NO. 19901 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,APPROVE TENTATIVE PARCEL MAP 29658 ALLOWING THE SUBDIVISION OF THE EXISTING 13,306 SQUARE FOOT SITE FROM ONE (1) LOT INTO TWO (2) LOTS OF 6,041 AND 7,265 SQUARE FEET LOCATED AT THE NORTHEAST CORNER OF THORNHILL ROAD AND CAMINO PRIMROSE R-2 ZONE, SECTION 23. WHEREAS, Dennis Cunningham/Electric Avenue, LLC, (the "Applicant") has filed applications forTentative Parcel Map 29658,pursuant to Section 9.60 of the Palm Springs Municipal Code, to subdivide a 13,306 square foot parcel into two (2)lots and a Variance pursuant to Section 9406.00 of the Zoning Ordinance providing for reduced lot sizes and setbacks. The R-2 ordinance requires 20,000 square foot lots; a Variance is required for a reduction to a minimum of 6,041 square feet. Additionally, a Variance is required for proposed Parcel Nos.1 and 2 to provide relief from the side yard setback requirement of ten (10)feet to a minimum of five (5)feet and the side/front yard setbacks to be reduced from twenty(20)feet to fifteen (15)feet. A Variance is also required to allow the reduction of lot width from 140 feet to a minimum of forty-five feet. The property is located at the northeast corner of Thornhill Road and Camino Primrose. R-2 Zone, Section 23. WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for TPM 29658 and Variance 6.442 and was given in accordance with applicable law; and WHEREAS, on June 14, 2000, a public hearing on the application for TPM 29658 and Variance 6.442 was held by the Planning Commission in accordance with applicable law; and WHEREAS,the Planning Commission 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; and WHEREAS,on June 14,2000 the Planning Commission voted 6-0-1 to approve Variance 6.442 and recommended approval of TPM 29658 to the City Council subject to conditions contained in Resolution 4697; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider Applicant's application for TPM 29658 was given in accordance with applicable law; and WHEREAS,on September 6,2000 a public hearing on the application forTPM 29658 was held by the City Council in accordance with applicable law; and Resolution, 19901 September 6, 2000 Page 2 , WHEREAS,the City Council has independently reviewed all evidence provided)including the staff report dated September 6,2000 and all otherwritten and oral testimony,and finds the project, subject to the original conditions of approval (as modified in Exhibit A),consistent with the requirements of the ordinances of the City and with State law; and THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds as follows: The project is categorically exempt from the requirements of CEQA pursuant to Section 15315 (Minor Land Divisions) of the CEQA Guidelines. Section 2: Pursuantto 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; and Section 3: 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 plants. Pursuantto the General Plan,the proposed subdivision map is consiistentwith the , density, goals, policies, and objectives for residential development. b. The design or improvements of the proposed subdivision are consistent with the General Plan. The proposed subdivision map implements a low density residential development: consistent with General Plan residential development standards in the area. c. The site is physically suitable for the type of development contemplanted by the proposed subdivision. The site is relatively flat with no significant landforms that would inhibit development of the proposed residences. In addition,the associated conditions of approval will create an appropriate improvement in compliance with the applicable development criteria in the R-2 zone. d. The site is physically suitable for the proposed density of development contemplated by the proposed subdivision. The proposed subdivision is within an R-2 zoning classification and designated M15, Medium Density Residential, by the City of Palm Springs General Plan. The proposed subdivision will create parcels similar in size to those in the area and zone to the east. These sites have single family residences developed on lots of less than 5,000 square feet and provide further reasons the proposed single family residences are suitable on the proposed lots. 6?144 September 6, 2000 Resolution. 19901 Page 3 e. The design of the subdivision or improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish orwildlife orthe habitat. A categorical exemption pursuant to the standards of CEQA Section 15315, Minor Land Divisions, is applicable to this project. f. The design of the subdivision or improvements is not likely to cause serious public health problems. The subdivision and improvements have been reviewed by the City to address potential safety issues such as positioning of driveways, and maintaining corner visibility per the City of Palm Springs traffic standards and Fire Department standards. The subdivision is consistent with lot size patterns and land uses in the area, particularly the residential lots to the east of 5,000 square feet or less. 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. The project will not conflict with the existing traffic flow adjacent to the property or �I with access to utilities required to serve the subdivision and the immediate area. NOW,THEREFORE, BE IT RESOLVED that the City Council of the City of Palm Springs, California, after considering the evidence provided at the meeting does hereby approve Tentative Tract Map 29658 subjectto those conditions setforth in Exhibit A,which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. . ADOPTED this 6th day ofSeptembe12000. AYES: Members Hodges, Jones, Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSTAIN: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk 9 Reviewed and Approved as to Form: � r � 3 Resolution No. 19901 Page 4 WGIN17T /-/AP o ' W 7-Al70U/7-Z CANYON WAY u Q PeojfcT PKM/R05[ LOCATION PAMON POAD rl7p,PN/1/I asp SUNNY DUNES CONTROL ME50UITE AVENUE clilmn _ IZAMOIV ROADLEH ' OI Ili JI le, �I I � GAMINO PR/MR05E - - I u� Pr'OJecr ��rre CITY OF PALM SPRINGS CASE NO. _ TPM 29658 S 6.+12 D E S C R I P T I O N APPLIc,,47-10N L MAP r(")5UOD/VIDE A A P P L I C A N T ELEGTPIG AVENUE PAPGEL INTO Z LOTS ro D,EVELOP 2 LLG 5/N6LE FAMILY PES/DENCES ON TrIE NE GOPNEP of 7_/7OPN/71L PD. g GAM/NO PRlM,P05E, P-2 ZONE, SEGrION Z3. Resolution No. 19901 Page 5 THORNHILL ROAD — — — •— — — — — — — — — { F � 71 IF � O 4 A a T I a SSina�aa FpGea !¢ g! ia� 414 D �� i � �Eo� D € Q RESOLUTION NO. 19901 ' EXHIBIT A TPM 29658 1304 CAMINO PRIMROSE September 6, 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. 1. 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. 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 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 TPM 29658. 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. 2. Architectural approval shall be valid for a period of two(2)years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 421 * Resolution 19901 Conditions of Approval TPM 29658 September 6, 2000 Page 2 3. The appeal period forthe TPM 29658 application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 4. A. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Building priorto issuance of a building permit. B. Provide a method of solar control on the south, east, and west elevations prior to issuance of building permits. C. Submit revised building accent colors. D. The chimney flue shall be visually screened through the useof a rectangular cap. 5. Priorto issuance ofa grading permit,a Fugitive Dustand 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. 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. 8. All materials on the flat portions of the roof shall be earth tone in color. 9. All roof mounted 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 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. 10. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 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 design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. Resolution 19901 Conditions of Approval TPM 29658 September 6, 2000 Page 3 , 13. The street address numbering/lettering shall not exceed eight inches in height. 14. 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 pursuantto 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 PublicArts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 15. 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. 16. Trash cans shall be screened from view and kept within fifty(50)feet of the street. ' POLICE DEPARTMENT: 17. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. WASTE DISPOSAL SERVICES: 18. The location of the trash enclosure is acceptable subject to approved) construction details approved by the Director of Building and Safety consistent with approved City details. BUILDING DEPARTMENT: 19. Prior to any construction on-site, all appropriate permits must be secured. FIRE: 20. Construction shall be in accordance with the 1998 California a Fire Code, 1997 Uniform Fire Code, 1998 California Building Code, 1997 Uniform Building Code, 1996 National Electrical Code,City of Palm Springs Ordinance 1570,Desert Water Agency requirements, NFPA 13D ( Modified), plus UL and CSFM listings and approvals. , Resolution 19901 Conditions of Approval TPM 29658 September 6, 2000 Page 4 21. Premises identification shall be in accordance with 1998 California Fire Code, Article 9, Section 901.4.4 and 1998 California Building Code, Chapter 5, Section 502. Contact building official. 22. Fire Department Access Roads shall be provided and maintained accordancewith the 1998 California Fire Code, Article 9, Section 902. 23. Construction sitefencing required per City of Palm Springs Ordinance 1570 until all buildings are stuccoed or covered and secured with lockable doors and windows. Provide an emergency equipment access gate at least 14'in width equipped with a frangible chain and lock. 24. Provide a hose or hoses, on construction site equipped with an adjustable spray nozzle capable of reaching all combustible construction. 25. Access for fire fighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. 26. Water supplies and fire hydrants shall be in accordance with 1998 California Fire Code,Article 9,Sec.903.4,Appendix III-B and Desert Water Agency specifications. 27. If fire flow cannot be metwith existing watersupply and fire hydrants, an automatic fire extinguishing system equipped with 24 hour monitoring is required. Design and installation shall only be done by a C-16 licensed fire sprinkler contractor in accordance with NFPA Pamphlet 13D (Modified). Contractor to submit plans directly to this office as soon as possible. 28. Residential Smoke Detectors shall be installed to protect all sleeping areas per 1998 California Fire Code, 1998 California Building Code and manufacturers directions. Contact building official for installation requirements and testing. 29. Additional comments will be forthcoming upon submittal of detailed construction plan drawings. 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. Resolution 19901 Conditions of Approval TPM 29658 September 6, 2000 Page 5 ' STREET 30. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950. CAMINO PRIMROSE The Engineering Department recommends deferral of off-site improvement ITEMS Nos. 32, 33, 34, 36, 37, and 38. 31. Dedicate additional right-of-way to provide a property line-cornercut-back at the SOUTHWEST corner of the subject property in accordance with City of Palm Springs Standard Drawing No. 105. 32. Remove the existing roll curb located 14 feet NORTH of centerline and replace with 6 inch curt) and gutter, per City of Palm Springs Standard Drawing No. 200, located 18 feet NORTH of centerline. 33. 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. 34. Construct a curb ramp meeting current California State Accessibility standards at the SOUTHWEST corner of the subject property per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 35. Construct the NORTH half of a 6 foot cross gutter and spandrel at the intersection of CAMI NO PRIMROSE and THORN HILL ROAD with a flow line parallel to the centerline of THORNHILL ROAD in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 36. Remove and replace existing pavementwith a minimum pavement section of 2 '/z 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 6 inch curb and gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing 110. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. Resolution 19901 Conditions of Approval TPM 29658 September 6, 2000 Page 6 THORNHILL ROAD 37. Remove and replace existing pavementwith a minimum pavementsection of 2 '/z 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 6 inch curb and gutter to clean saw cut edge of pavement (to be determined in the field) along the entire frontage in accordance with City of Palm Springs Standard Drawing 110. The pavement section shall be designed, using "R"values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 38. 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. 39. The driveway approaches shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum width of 10 feet. 40. Remove the existing roll curb located 18 feet EAST of centerline and replace with 6 inch curb and gutter, per City of Palm Springs Standard Drawing No. 200, located18 feet EAST of centerline. SEWER 41. 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 42. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineerwith the first submittal of the Grading Plan. 43. Submit cut and fill quantities to City Engineerto determine if an Engineered Gading Plan is required. If required,the Grading Plan shall be prepared by a Registered Professional and submitted to the Engineering Department for plan check.Grading plan shall be submitted to the Planning Departmentfor comments prior to submittal to the Engineering Department. The Grading Plan shall be approved by the City Engineer priorto issuance of any grading or building permits. Minimum submittal includes the following: A. Copy of Planning Department grading plan comments. Q 164 C Resolution 19901 Conditions of Approval TPM 29658 September 6, 2000 Page 7 ' 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. 44. 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.Acopy of the soils reportshall be submitted to the Building Department and to the Engineering Department along with plans,calculations and other information subjectto approval bythe City Engineer priorto the issuance of the grading permit. 45. 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. DRAINAGE ' 46. 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 bythe development of the site. Provide calculations to determine if the developed Q exceeds the capacity of the approved drainage carriers. 47. 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 48. Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavementto 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. 49. The owner shall enter into a covenant agreeing to underground all existing overhead facilities on/or adjacentto 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. al ��y Resolution 19901 Conditions of Approval TPM 29658 September 6, 2000 Page 8 50. All existing utilities shall be shown on the grading plan. The existing and proposed service laterals shall be shown from the main line to the property line.The approved original grading plan shall be as-built and returned to the City of Palm Springs Engineering Department prior to issuance of the certificate of occupancy. 51. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 52. 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. 53. 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 54. The Parcel 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. 55. The Title Report prepared for subdivision guarantee forthe 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 Department. TRAFFIC 56. 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 THORNHILL ROAD and CAMINO PRIMROSE frontages of the subject property. 57. 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. 67' 40 /so Resolution 19901 Conditions of Approval TPM 29658 September 6, 2000 ' Page 9 58. This property is subject to the Transportation Uniform Mitigation Feebased on the SINGLE FAMILY RESIDENTIAL ITE Code B land use. - 1 d2 1 ,►41L