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HomeMy WebLinkAbout20015 - RESOLUTIONS - 4/4/2001 ' RESOLUTION NO. 20015 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERRULING A RECOMMENDATION OF DENIAL BY THE PLANNING COMMISSION AND APPROVING AN AMENDMENT TO THE APPLICATION FOR CASE NO. 5.0853, (PLANNED DEVELOPMENT NO. 264 AND TENTATIVE TRACT MAP NO.29988)TO INCLUDEA PRIVATE PEDESTRIAN BRIDGE SPANNING INDIAN CANYON DRIVE NORTH(PROPOSED TO BE LOCATED APPROXIMATELY 341 FEET SOUTH OF VISTA CHINO)FORTHE PURPOSE OF CONNECTING THE PROPOSED 17-UNIT CONDOMINIUM PROJECT AND 3,968 SQUARE FOOT RECREATION BUILDING ON A 1.85 ACRE PARCEL AT 100 EAST STEVENS ROAD, R-3/C-1 ZONE, SECTION 10, TO THE EXISTING DESERT SHADOWS RESORT, AND MAKING FINDINGS IN SUPPORT THEREOF. ------------- WHEREAS, Desert Shadows 3 LP ("Applicant") has filed for an amendment to the applications submitted to the City pursuant to Sections 94.03.00 and 94.04.00 of the Zoning Ordinance, Case No. 5.0853 (Planned Development District 264) to include a private pedestrian bridge spanning Indian Canyon Drive North (proposed to be located approximately 341 feet south of Vista Chino) ' for the purpose of connecting the proposed 17-unit condominium project and 3,968 square foot recreation building on a 1.85 acre parcel located at 100 East Stevens Road, R-3/C-1 zone, Section 10 to the existing Desert Shadows Resort; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's amendment to the applications for Case No. 5.0853 was given in accordance with applicable law; and WHEREAS, on February 28,2001,a public hearing on the amendment to the applications for Case Permit No. 5.0843 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on February 28, 2001, 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; and WHEREAS, on February 28, 2001, after carefully reviewing and considering all of the evidence presented in connection with the hearing on the project, the Planning Commission recommended that the City Council not approve an amendment to the application for Case No. 5.0853 to include a private pedestrian bridge spanning Indian Canyon Drive North (proposed to be located approximately 341 feet south of Vista Chino)for the purpose of connecting the proposed 17-unit condominium project and 3,968 square foot recreation building on a 1.85 acre parcel located at 100 East Stevens Road, R-3/C-1 zone, Section 10, to the existing Desert Shadows Resort; and WHEREAS, on March 6, 2001, the Applicant filed with the City Clerk's office a timely appeal of the ' Planning Commission's recommendation that the City Council not approve the request to amend the application to include a private pedestrian bridge; and CIA Resolution 20015 Case 5.0843 - Resolution Regarding Bridge April 4, 2001 Page 2 of 3 WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Applicant's appeal of the Planning Commission's recommendation that the City Council not approve the request to amend the application for Case 5.0843 to include a private pedestrian bridge was given in accordance with applicable law; and WHEREAS, on March 21, 2001, a public hearing on the Applicant's appeal of the Planning Commission's recommendation that the City Council not approve the request to amend the application for Case No. 5.0853 to include a private pedestrian bridge was held by the City Council in accordance with applicable law; and WHEREAS, on March 21, 2001, the City Council 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; and WHEREAS, the proposed bridge project, (Case No. 5.0843), is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15311 (Accessory Structures). THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds as follows: This amendment to the Planned Development District and Tentative Tract Map is categorically exempt from environmental assessment per Section 15311 of the California Environmental Quality Act (CEQA) in that Section 15311 states that accessory structure projects are exempt from CEQA. Section 2: Pursuant to Section 94.03.00 of the Zoning Ordinance, the: City Council finds that with the incorporation of those conditions attached in Exhibit A: a. The use applied foris necessary or desirable for the developmentof 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. The proposed private pedestrian bridge will connect the proposed 17-unit condominium project to the existing Desert Shadows Resort. The proposed private pedestrian bridge spanning the public street will not create a negative visual impact to the area. The proposed private pedestrian bridge is not detrimental to existing or future uses specifically permitted in the zone in which the proposed use is to be located. b. The conditions to be imposed are deemed necessary to protect the public health, safety and general welfare. All proposed conditions of approval are necessary to ensure public health,'safety and welfare, including, but not limited to, conditions relating to public streets, site design and structure design. JAz Resolution 20015 ' Case 5.0843 - Resolution Regarding Bridge April 4, 2001 Page 3 of 3 NOW, THEREFORE, BE IT RESOLVED that based upon the foregoing, the City Council hereby approves the amendment to Case No. 5.0843 (Planned Development District 264) to include a private pedestrian bridge spanning Indian Canyon Drive North (proposed to be located approximately 341 feet south of Vista Chino)for the purpose of connecting the proposed 17-unit condominium project and 3,968 square foot recreation building on a 1.85 acre parcel located at 100 East Stevens Road, R-3/C-1 zone, Section 10 to the existing Desert Shadows Resort, subject to those conditions set forth in Exhibit A on file in the Department of Planning and Building,which are to be satisfied prior to issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED THIS 4" day of April , 2001. AYES: Members Hodges, Jones, Oden, Reller-Spurgin and Mayor Kleindieust NOES: None ABSENT: None ABSTAIN: None // ATIT EST�: CITY OF PALM SPRINGS f } City Clerk City Mama er REVIEWED AND APPROVED AS TO FORM: 1 ' yA 3 Resolution 20015 Page 4 Case 5.0853 (PD 264/TTM 29988) ' Desert Shadows 3 LP 100 E Stevens Road April 4, 2001 CONDITIONS OF APPROVAL FOR AMENDMENT TO APPLICATION TO INCLUDE A PRIVATE PEDESTRIAN BRIDGE SPANNING INDIAN CANNON DRIVE NORTH CONNECTING THE PROPOSED 17-UNIT CONDOMINIUM PROJECT WITH THE EXISTING DESERT SHADOWS RESORT PROPERTY ENGINEERING DEPARTMENT: 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. STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs ' Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. INDIAN CANYON DRIVE NORTH 2. The bridge clearance shall be a minimum of 17 feet from the road surface.The bridge shall not obstruct the view of the Vista Chino traffic signal by northbound Indian Canyon Drive traffic at any point from 500 feet south of Vista Chino to the intersection. Minimum unobstructed stopping distance on Indian Canyon Drive is 500 feet from any legal intersection or crosswalk. 3. The developer shall obtain a License Encroachment Agreement from the City Engineer to construct a pedestrian bridge across Indian Canyon Drive North and shall agree to maintain and/or relocate or remove said structure upon the request of the City Engineer at such time as deemed necessary. The License Encroachment Agreement shall be submitted with the structural drawings. The Building Permit will not be issued until completion of the Agreement. 4. The developer shall enter into an agreement with the City of Palm Springs providing for the maintenance of the pedestrian bridge or payment of same. Resolution 20015 Page 5 ' Case 5.0853 Draft Conditions of Approval for Bridge April 4, 2001 Page 2 of 3 ON-SITE 5. Drawings shall be submitted to the City Engineer for review and approval. GENERAL 6. Structural plans shall be submitted to the Building Department to assure all requirements for the pedestrian bridge are met. 7. The bridge railings shall be of sufficient height to preclude dropping of objects onto the roadway. PLANNING DEPARTMENT: 8. The proposed bridge shall be subject to all the conditions of approval of Planned Development District 264. 9. The proposed private pedestrian bridge shall be designed so that pedestrian users are not visible from any off site private and/or public property. The applicant shall be required to submit sight study information to validate compliance with this condition. 10. Owners of the property(on both the east and west sides of Indian Canyon Drive North)shall enter into a maintenance agreement with the City whereby the bridge shall be fully maintained, at the sole discretion of the City, by either the property owners or the City. All costs associated with operation,maintenance and repair of said structure shall be born by the property owners. 11. Owners of the property(on both the east and west sides of Indian Canyon Drive North)shall enter into a License Encroachment Agreement from the City and shall agree to construct, operate, maintain, repair and relocate and/or remove said structure upon request of the City Council at such time as deemed necessary. The License Encroachment Agreement shall be submitted with the structural drawings. The Building Permit will not be issued until completion of the Agreement. 12. More specific conditions of approval will be recommended when final bridge design is submitted for approval of the Planning Commission. 13. 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 Case 5.0853 and TTM 29988. 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 yqs Resolution 20015 Page 6 Case 5.0853 Draft Conditions of Approval for Bridge , April 4, 2001 Page 3 of 3 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. 14. All agreements required forthe completion of the bridge project shall be subject to review and approval of the City Attorney.