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HomeMy WebLinkAbout20100 - RESOLUTIONS - 7/5/2001 1 RESOLUTION NO. 20100 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.0678-PD FOR A PLANNED DEVELOPMENT DISTRICT AND PRELIMINARY AND FINAL DEVELOPMENT PLAN FOR A 21-UNIT MULTIPLE FAMILY PROJECT AND APPROVING TENTATIVE TRACT MAP 29987 FOR THE SUBDIVISION FOR CONDOMINIUM PURPOSES OF PROPERTY LOCATED AT 155 HERMOSA PLACE, R-2 ZONE WITH RESORT OVERLAY, SECTION 10. WHEREAS, Spartan Villa Hermosa, LLC(the"Applicants")filed an application with the City pursuant to sections 9403.00 AND 9402.00 of the Zoning Ordinance for a Planned Development District and Preliminary Development Plan and Final Development Plan for a 21-unit multiple family (proposed condominium)project and in accordance with Section 9.62 of the Municipal Code for a Tentative Tract Map for condominium purposes for the property located at 155 Hermosa Place, R-2 Zone with Resort Overlay, Section 10; and ' WHEREAS,the applicant has submitted application for approval of a street vacation in conjunction with these applications; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider an application for Case 5.0678, Planned Development District and the Tentative Tract Map 29987 was issued in accordance with applicable law; and WHEREAS, on June 20, 2001, a public hearing on the application for Planned Development District 5.0678 and Tentative Tract Map 29987 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission 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 written and oral testimony presented; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider an application for Case 5.0678, Planned Development District and the Tentative Tract Map 29987 was issued in accordance with applicable law; and WHEREAS, on July 5, 2001, a public hearing on the application for Planned Development District 5.0678 and Tentative Tract Map 29987 was held bythe City Council in accordance with applicable law; 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 written and oral testimony presented. Resolution 20100 Page 2 THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that this project is categorically exempt from California Environmental Quality Guidelines (CEQA Section 2: The City Council finds that the proposed street vacation is consistent with the General Plan of the City of Palm Springs. Section 3: Pursuant to Zoning Ordinance Section 9402.00, the City Council finds that: a. The use applied for at the location set forth in the application is properly one for which a Planned Development District is authorized by the City's zoning ordinance. Pursuantto the Zoning Ordinance, multiple family dwellings(including condominiums)are a permitted use within the R-2 zone. b. The said use is necessary or desirable for the development of the community, and is in harmonywith the various elements orobjectives of the General Plan, and is notdetrimental to the existing or future uses specifically permitted in the zone in which the proposed use , is to be located. The proposed project consists of an existing use that is proposed for subdivision into condominium ownership. The use is consistent with the objectives of the General Plan,and numerous improvements have been proposed in conjunctionwith the subjectapplication(s) which will improve existing uses. The projectwill therefore not be detrimental to the existing or future uses permitted in the zone in which the use is located. C. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks,walls orfences, landscaping and otherfeatures required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The site is adequate in size and shape to accommodatethe existing uses aswell as certain proposed improvements, including new carports to serve the residential units. The existing use is compatible with existing and permitted future uses of land in the vicinity. d. The site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The proposed project is an existing use, and no increase in intensity is proposed. Existing streets are adequate to carry the type and quantity generated by the existing use. e. 'The conditions to be imposed are deemed necessaryto protectthe public health,safety and general welfare, of the existing neighborhood in which this project is situated. 10 Resolution 20100 Page 3 The conditions imposed are necessary to bring the project into compliance with applicable zoning, building, and other regulations to protect the public health, safety, and general welfare of the existing neighborhood in which this project is located. Section 4. Pursuant to the State Subdivision Map Act, the City Council finds that: a. Each of the tenants of the proposed condominium project has received, pursuantto Section 66452.9, written notification of intent to convert at least 60 days prior to the filing of the tentative map. Each such tenant has received all applicable notices and rights required by the State, and each tenant has received 10 days written notification that an application for a pubic report will be, or has been submitted to the Department of Real Estate. The property which is the subject of this tentative tract map for condominium purposes has been vacant for a minimum of twenty four months, and there are no tenants requiring notification of this tentative tract map. b. Each of the tenants of the proposed condominium project has been,orwill be given written notification within 10 days of approval of a final map for the proposed conversion. The property which is the subject of this tentative tract map for condominium ' purposes has been vacant for a minimum of 24 months, and there are no tenants requiring notification of any final map. C. Each of the tenants of the proposed condominium project has been, orwill be give 180 days written notice of intention to convert priorto termination of tenancy dueto the conversion or proposed conversion. The property which is the subject of this.tentative tract map for condominium purposes has been vacant for a minimum of 24 months, and there are no tenants requiring notification of intention to convert prior to termination of tenancy. d. Each of the tenants of the proposed condominium has been, or will be given notice of an exclusive right to contract for the purchase of his 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 property which is the subject of this tentative tract map for condominium purposes has been vacant for a minimum of 24 months, and there are no tenants requiring notice of exclusive right to purchase. e. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. ' The proposed Tentative Tract Map is consistentwith the goals and objectives of the Resort Comercial,General Plan designation. The projectis an existing use;this tentative tract map lQ?m 3 Resolution 20100 Page 4 , will signify no more than a change in ownership type for the property. f. The design or improverrientof the proposed subdivision is consistentwith applicable zoning requirements. The design and improvements of the proposed Tentative Tract Map are consistentwith the Planned Development proposed for the property. This tentative tract map is for the conversion of existing apartments into condominiums;no newdwelling units are proposed. g. The site is physically suited for this type of development. The site is level, and the dwelling units are existing. Therefore, the site is physically suited for this development. h. The site is physically suited for the proposed density of development. The site is physically suited for the existing number of units, and the density of the subdivision is consistent with zoning regulations for the R-2 zone. i. The design of the subdivision is not likely to cause environmental damage or substantially ' and avoidably injure fish, wildlife, or their habitats. The apartment complex which is the subject of this tentative tract map is existing, and the project will therefore have no impact on fish, wildlife, or their habitats. j. The design of the subdivision or 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 design of the subdivision is existing. Astreetvacation is proposed in conjunction with this project;with the streetvacation,proposed improvements on the site will not conflictwith easements for access through or use of the property within the proposed subdivision. Resolution 20100 Page 5 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Case 5.0678-Planned Development District and of Tentative Tract Map 29987 subject to those conditions set forth in the attached ExhibitA,which are to be satisfied priorto the approval of a final map for the subject property. ADOPTED this 5th day of__ July 12001 AYES: Members Hodges, Jones, and Mayor Kleindienst NOES: None ABSENT: Members Reller-Spurgin and Oden ABSTENTIONS: ATTEST CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager ' REVIEWED AND APPROVED BY: Resolution 20100 Page 6 EXHIBIT A CASE 5.0678 (PDD) AND TTM 29987 CONDITIONS OF APPROVAL June 20, 2001 Before submittal foranyfinal map,all conditions listed belowshall be corripleted 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 DEPARTMENT: 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,ordinancesand resolutions which supplement the zoning district regulations. 2. The ownershall 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 oremployees to attach, set aside, void orannul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0857-CUP. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding againstthe City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs orwill advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notifythe applicantof any such claim, action orproceeding orfails 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 further indemnification hereunder, 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. 3. The developershall submit Covenants,Conditions and Restrictions (CC&Rs)forthe project to the Planning Department for review and approval prior to final map approval. 4. The developer shall obtain approval of a Planned Development District for the project to address development standards prior to issuance of any final map. 5. If construction is not commenced by the property owner(s)within six months from the date Resolution 20100 Page 7 ' of the City Council approval of the Planned Development District,the Planned Development District shall be null and void. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 6. Project approval for the proposed vacation of Prescott Road shall be obtained. If approval for the vacation of Prescott Road is not obtained, this Planned Development District approval shall become null and void. 7. The final construction plans shall be submitted in accordance with Section 9403.00 of the Zoning Ordinance. Final construction 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. To the extent required plans have been submitted, they do not need to be resubmitted. 8. Final irrigation plans shall be submitted for approval by the Department of Planning and Building prior to issuance of building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 9. 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 priorto the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 10. 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. 11. 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. 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. 13. 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 and Building prior to issuance of building permits. A photometric study and manufacturer's cut sheets of all exterior light fixtures shall be submitted with the lighting plan. 14 Illumination levels in the parking area shall be in accordance with Section 9321.00 of the Palm Springs Zoning Ordinance. 15. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. The locations of all fixtures shall be indicated on the site plan. ' 16 Bay parking shall include decorative paving, colored and/or patterned to relate to overall design. /4A4 Resolution 20100 Page 8 17. Plans meeting City standards for approval on the proposed trash and recyclable materials , enclosure shall be submitted prior to issuance of a building permit. 18. Details of pool fencing(materials and color)and equipmentarea shall be submitted with final landscape plan. 19. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. ENGINEERING DEPARTMENT: 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. 2. The existing street improvement plans can be revised by a Registered Civil Engineer to show the proposed improvements. The plans shall be approved by the City Engineer prior to Final Map submittal to the City Council for approval. The; plans are in the City of Palm Springs Engineering Department. HERMOSA PLACE 3. Constructa 6 inch curb and gutter,20 feetSOUTH of centerline along the entire frontage of the subject property per City of Palm Springs Standard Drawing No. 200. 4. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have a minimum width of '10 feet. 5 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. 6. Remove and replace existing pavementwith a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch 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. 100 AND 315. The pavement section shall be designed, using"R"values, by a licensed Soils Engineer and submitted to the City Engineer for approval. PRESCOTT DRIVE N.E. 7. Developer shall apply for the vacation ofPRESCOTT DRIVE N.E.from HERMOSAPLACE to EL ALAMEDA. Developer shall be responsible for final resolution of all utilities,demolition lgA7 Resolution 20100 Page 9 ' of all existing improvements,reconstruction of affected intersecting streets and coordination of improvements with adjacent property owners, if applicable, for the street vacation. All agreements and improvement plans relative tothe above mentioned items shall be approved by the City Engineer prior to the submittal of the street improvement plans. All underlying ownership of the proposed vacated street shall be appropriately transferred and copies of the recorded deeds provided to the City Engineer prior to issuance of building permits. EL ALAMEDA 8. Construct a 6 inch curb and gutter 18 feet NORTH of centerline along the entire frontage of the subject property per City of Palm Springs Standard Drawing No. 200. 9. Construct modified driveway approaches to accommodate bay parking stalls along the EL ALAMEDA frontage per City of Palm Springs Standard Drawing No. 201 (See Note 5 and Section A-A for depressed top of curb). 10. The driveway approach at the main entry shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have a minimum width of 24 feet. 11. 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. 12. Remove and replace existing pavement with a minimum pavement section of 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, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 100 AND 300. The pavement section shall be designed, using "R"values, by a licensed Soils Engineer and submitted to the City Engineer for approval. SANITARY SEWER 13. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. GRADING 14. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 15. Submit a Grading Plan prepared by a Registered Professional to the Engineering Department for plan check. Grading plan shall be submitted to the Planning Department for comments priorto submittal to the Engineering Division.The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: Resolution 20100 Page 10 A. Copy of Planning Department comments regarding the grading plan. ' 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. 20. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep - to keep nuisance water from entering the public streets, roadways, or gutters. 21. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 22. Contact the Building Department to get PM10 requirements prior to request for grading permit. 23. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving an engineered grading plan and the export of native soil from the site will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved"Notification of Intentto Move Soil From or Within Quarantined Areas of Orange, Riverside,and Los Angeles Counties"(RIFA Form CA-1)or a verbal release from that office prior to the issuance of the City grading permit. The California Department of Food and Agriculture office is located at73-710 Fred Waring Drive, Palm Desert. (Phone: 760-776-8208). DRAINAGE 24. 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 by the development of the site. Provide calculations to determine if the developed Q exceeds the capacity of the approved drainage carriers. 25. Not used. ON-SITE 26. 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. 109 Resolution 20100 Page 11 1 27. The on-site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00 GENERAL 28. Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement to 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. 29. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. 30. All existing utilities shall be shown on the street plans. The existing and proposed service laterals shall be shown from the main line to the property line. The approved original street plans shall be as-built and returned to the City of Palm Springs Engineering Department prior to issuance of the certificate of occupancy. 31. 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. An updated title report or a copy of the current tax bill shall be provided to verify ownership. 32. The developer shall take every precaution needed to "Protect-in-Place" any existing Whitewater Mutual Water Company water line(s) that may traverse this project. 33. 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 sig ht distance per City of Palm Springs Standard Drawing No. 203. 34. 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 35. 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 or Final Map to the Engineering Department. ' 36. The Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineerand submitted to the Engineering Department for review. Recordation shall be completed prior to issuance of grading or building permits. Resolution 20100 Page 12 1 TRAFFIC 37. The developer shall provide a minimum of48 inches of sidewalk clearance around all street furniture, fire hydrants, and other above-ground facilities for handicap accessibility. The developershall provide samethrough dedication of additional right-of-way and widening of the sidewalkorshall be responsible forthe relocation of all existing traffic signals/safety light polies, conduit, pull boxes and all appurtenances located on the HERMOSA PLACE and EL ALAMEDA frontages of the subject property. 38. The developer shall replace all damaged, destroyed, or modified pavement legends and striping that is required by the City Engineer on the HERMOSA PLACE and EL ALAMEDA frontages prior to issuance of a Certificate of Occupancy. 39. 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. 40. This property is subject to the Transportation Uniform Mitigation Fee based on the ' RESIDENTIAL MULTI-FAMILY ITE Code B land use. FIRE 41. Construction shall be in accordance with the 1998 California Fire Code,the 1998 California Building Code, 1995 Title 24, DWA requirements, Palm Springs Ordinance 1570 and 1998 NFPA standards. 42. Construction site fencing is required. Access gates shall be at least 14' in width and equipped with a frangible chain and padlock. 43. Aconstruction siteguard is required for combustible construction over 5,000 square feet per Palm Springs Ordinance 1570. 44. A KNOX key box is required in accordance with the 1998 California Fire Code. 45. Water mains and fire hydrants shall be per Desert Water Authority specifications. 46. The applicant shall contact the Fire Department regarding the existing fire main on Prescott Drive N.E. as shown in DWA water map book, page 4-4-10 SE. 47. An automatic fire sprinkler system shall be installed in accordance with NFPA 13 and Palm Springs Ordinance 1570, unless the Fire Marshall directs otherwise. ' 48. Fire Extinguishers shall be installed in accordance with the 1998 California Code. Resolution 20100 Page 13 49. The 5 year certification for the existing Class II Standpipes is past due. 50. Residential smoke detectors shall be provided in all sleeping areas per the 1998 California Building Code. 51. A fire alarm system is required in accordance with 1998 California Fire Code, 1998 California Building Code, and Title 24. Installation shall be in accordance with NFPA 72. /?biz