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HomeMy WebLinkAbout20101 - RESOLUTIONS - 7/5/2001 RESOLUTION NO. 20101 ' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 29934 TO ALLOW FOR THE SUBDIVISION OF 2 ACRES INTO 24 CONDOMINIUM PROPERTIES LOCATED AT 655 EAST ARENAS ROAD, R-4 ZONE, SECTION 14. WHEREAS, the City Council has received a request by Palm Springs Modern Homes, LLC for a Tentative Tract Map to allow for a 24 lot subdivision for condominium development (the project); and WHEREAS, the proposed development will provide 24 condominiums; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider the application for Tentative Tract Map 29934 was given in accordance with applicable law; and WHEREAS, on May 9, 2001, a public hearing on the application for the Tentative Tract Map was held by the Planning Commission in accordance with applicable law; and WHEREAS, on May 9, 2001, the Planning Commission voted to recommend that the City Council approve the proposed project; and WHEREAS, on July 05, 2001, a public hearing on the application for the Tentative Tract Map was held by the 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, 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: Pursuant to CEQA, an initial study (dated April 16, 2001) has been prepared and it has been determined that the project will not have a significant impact on the environment. 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; and 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; and 1 Section 4: Pursuant to Government Code Section 66474, the City Council finds that with the 9 0 Resolution 20101 ' Page 2 incorporation of those conditions attached in Exhibit A: a. The proposed map is consistent with the applicable general and specific plans. The subject property is designated as H43/30 (High Density) allowing 43 hotel or 30 residential units per acre and is zoned R-4. The application entails subdividing 2 acres into 24 condominium lots. The project complies with the General Plan and will be a beneficial improvement within the neighborhood: b. The design or improvements of the proposed subdivision are consistent with the General Plan. The improvements associated with the proposed subdivision include 24 condominiums, sidewalks, and landscaping. The proposed condominium project provides off-street parking, sufficient amenities, and have been designed to be compatible with surrounding developments. All of the proposed improvements are consistent with the General Plan. c. The site is physically suitable for the type of development contemplated by the proposed subdivision. ' The project will comply with all R-4 property development standards. The surrounding neighborhood consists of existing apartments and condominiums, as well as a church. Thus, the project is compatible with the surrounding neighborhood. d. The site is physically suitable for the proposed density of development contemplated by the proposed subdivision. The project will be compatible with existing land use designations in the surrounding neighborhood based on the density. The proposed 24 unit development is consistent with the General Plan designation of 30 residential units per acre. In this case, the units would consist of two-story buildings that have been designed to respect the existing buildings in the neighborhood. The neighborhood also consists of some existing two-story buildings to the south of the subject property. Thus, the project should be compatible with the surrounding neighborhood. . e. 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. Conditions of this project will require dedication of right-of-way along Arenas Road that the street can be developed to its ultimate right-of-way as required by the General Plan such that the roadway will not be negatively impacted by trips generated from this project. ' f. The conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety, and general welfare, including any minor modifications of the zone's property development standards. ao� z Resolution 20101 Page 3 All proposed conditions of approval are necessary to ensure public health and safety including, but not limited to, the requirements for curb, gutter, and sidewalks. Additionally, the project design features abundant landscaping, large common areas, covered parking, and provide adequate off-street parking. g. A nexus and rough proportionality have been established'for requirement of dedication of the additional right-of-way to the City and the off-site improvements as related to the tentative tract map. The off-site improvements,which are required by the Zoning Ordinance, are related to the project since the property owners must use Arenas Road to access the site. Currently, the subject property is vacant and therefore little or no usage of the roads, sidewalks, and utilities is due to the subject property at this time. However, the future property owners will benefit from any improvements made to Arenas Road such as dedication of easements, sidewalks, and future widening. The required dedication of right-of-way and improvements will provide safety benefits to the property owners and will aesthetically enhance the neighborhood. NOW, THEREFORE, BE IT RESOLVED that, based on the foregoing, the City Council hereby ' orders the filing of a Negative Declaration, and approves Tentative Tract Map 29934 and approves Case No. 3.2014 subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to issuance of building permits for the project, unless otherwise specified. ADOPTED this 5`h day of July_ _ 2001. AYES: Members Hodges, Jones, and Mayor &leindienst NOES: None ABSENT: Members Reller- Spurgin and Oden ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: ao� 3 Resolution 20101 Page 4 RESOLUTION NO. ' EXHIBIT A 655 E. Arenas Road July 05, 2001 Case No. 3.2014 and TTM 29934 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. ' 2. 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 3.2014 and Tentative Tract Map 29934. 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. 3. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the negative declaration or EIR will be included in the plans prior to Planning Commission consideration of the environmental assessment. 4. 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. ;i4 7,10 Resolution 20101 Page 5 5. The appeal period for an Architectural Approval and Tentative; Tract Map application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 6. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Building prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 7. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 8. 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 fullly restored or landscaped. 9. Drainage swales shall be provided adjacent to all curbs and sidewalks- 3'wide and 6"deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 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. The applicant prior to 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 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 of Palm Springs, a deposit in the amount of$2,000, for the review of the CC&R's by the City Attorney. 12. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 13. All materials on the flat portions of the roof shall be earth tone in color. aaA 2� Resolution 20101 Page 6 1 14. 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. 15. 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. 16. 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. 17. The street address numbering/lettering shall not exceed eight inches in height. 18. 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 building permits. 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. 19. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 20. Submit.plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 21. 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 pursuant to 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 Public Arts 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. 22. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. ;20.4 �7 Resolution 20101 Page 7 23. 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. 24. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements in #43 below. 25. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 26. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin-or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 27. Concrete walks with a minimum width of two(2)feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) feet wide. 28. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in ' diameter/width. 29. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be; 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 30. 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. 31. Compact and handicapped spaces shall be appropriately marked per Section 9306.00C 10. 32. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. 33. All awnings/shade structures shall be maintained and periodically cleaned. Resolution 20101 Page 8 ' FIRE: 1. Construction shall be in accordance with the 1998 California Fire Code, 1997 Uniform Building Code, 1998 NFPA Standards, plus CSFM listings and approvals. 2. Approved numbers or addresses per the 1997 Uniform Building Code. Contact building official. 3. Fire Department access roads per the 1998 California Fire Code. Vertical and horizontal clearances shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 14 feet, 6 inches. 4. The turning radius of fire apparatus roads and cul-de-sac streets shall be at least 43 feet from centerline. 5. Access road turnaround requirements for dead-end fire apparatus roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. Contact this office for further information. 6. Construction site fencing required for new construction over 5,000 square feet. 7. Construction site guard required for combustible construction as deemed necessary by the fire marshal. 8. Provide a functional standpipe or standpipes on construction site before any construction begins or combustible materials are delivered to the site. Contact this office for further information. 9. Provide an emergency access gate at least 12 feet in width equipped with a frangible padlock and chain. 10. All water supplies and fire hydrants shall be installed in accordance with the 1998 California Fire Code and NFPA 24. 11. An approved fully automatic fire sprinkler system with 24 hour monitoring is required. 12. Portable fire extinguishers shall be installed in accordance with the 1998 California Code. 13. Residential smoke detectors shall be installed to protect all sleeping areas. Contact building official. 14. Fire alarm system required. Installation shall be in accordance with NFPA 72 and 760. 15. Further comments as conditions warrant. i Resolution 20101 Page 9 ENGINEERING: The Engineering Department recommends that if this application us 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. 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B. All agreements and improvement plans approved by the City Engineer, IF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants; reimbursement agreements, etc. required by these conditions. ARENAS ROAD EAST 3. Dedicate an additional right-of-way of 15 feet to provide the ultimate half street width of 40 feet along the entire frontage of the subject property in accordance with City of Palm Springs Standard Drawing No. 105. 4. Construct a 6 inch curb and gutter, 32 feet SOUTH of centerline along the entire frontage of the subject property per City of Palm Springs Standard Drawing No. 200. 5. The west driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum width of 24 feet. The east (Main Entry) driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have the width necessary for emergency vehicles to make the turning movement and line up with the gate for entry. 020�¢ Zq Resolution 20101 Page 10 6. Construct a minimum 8 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 7. Remove and replace existing pavement with 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. 110 AND 325. The pavement section shall be designed, using "R"values, by a licensed Soils Engineer and submitted to the City Engineer for approval. SANITARY SEWER 8. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. GRADING 9. 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. 10. 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 prior to submittal to the Engineering Department. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: 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 preprared/updated within the past 3 months. E. Copy of Soils Report, IF required by these conditions. 11. 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. 12. 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) per acre for mitigation measures of erosion/blowsand relating to his property and development. Resolution 20101 Page 11 13. 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. A copy of the soils report shall be submitted to the Building Department and to the Engineering Department along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 14. Contact the Building Department to get information regarding the preparation of the PM10 (dust control) Plan requirements. 15. 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 Intent To 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 at 73-710 Fred Waring Drive, Palm Desert. (Phone: 760-776-8208) DRAINAGE 16. 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. 16A. 'The retention basins on the south side of the project shall be designed such that the secondary drainage outlet will not negatively impact on-site or adjacent buildings and property. 17. The project is subject to flood control and drainage implementation fees. The acreage draining fee at the present time is $9,212.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. ON-SITE 18. The minimum pavement section for all on-site streets/parking areas shall be 2'/z inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal. The pavement section shall be designed, using "R" values, determined by a licensed Soils Engineer and submitted with the Fine Grading Plan to the City Engineer for approval. I aoAA.$ Resolution 20101 Page 12 19. The following requirements for a gated entry shall be met to provide adequate setbacks and turning movements for vehicles entering the primary parking facilities of this project: A. Provide a minimum curb cut as set forth in Item #5, 2id paragraph. B. Provide a minimum 50 foot setback to the access gate control mechanism. C. Provide a turnaround after the mechanism for vehicles unable to enter the project. D. Security gates shall be a minimum of 14 feet clear width in each direction. 20. The on-site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00. GENERAL 21. Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement 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. 22. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. 23. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. The approved original grading/street plans shall be as-built and returned to the City of Palm Springs Engineering Department prior to issuance of the certificate of occupancy. 24. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 25. 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. 26. 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 27. 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 Department. Resolution 20101 Page 13 28. The Title Report prepared for subdivision guarantee for the subject property and the traverse closures for the existing parcel and all areas of right-of-way or easement dedication shall be submitted to the City Engineer for review and approval with the Grant Deed. 29. The Final 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. TRAFFIC 30, 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 ARENAS ROAD EAST frontage of the subject property. 31. Striping plans are to be prepared and submitted along with street improvement plans for review and approval by the City Engineer. 32. 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. 33. This property is subject to the Transportation Uniform Mitigation Fee based on the RESIDENTIAL MULTI-FAMILY ITE Code B land use.