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HomeMy WebLinkAbout20177 - RESOLUTIONS - 9/19/2001 RESOLUTION NO. 20177 OF THE CITY COUNCIL OF THE CITY OF PALM ' SPRINGS, CALIFORNIA, APPROVING THE MITIGATED NEGATIVE DECLARATION AND APPROVING TENTATIVE TRACT MAP 29788 FOR A 4-LOT SUBDIVISION WITH ONE REMAINDER LOT LOCATED BETWEEN RAMON ROAD AND SUNNY DUNES ROAD, EAST OF IA MIRADA ROAD, R-1-A ZONE, SECTION 22. WHEREAS, Barbara Foster Henderson (the 'Applicant') filed an application with the City pursuant to section 9.62.010 of the Palm Springs Municipal Code for a Tentative Tract Map to subdivide 4.71 gross acres into four lots located between Ramon Road and Sunny Dunes Road, east of La Mirada Road, R-1-A Zone, Section 22; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider an application for Tentative Tract Map 29788 was issued in accordance with applicable law; and WHEREAS, on July 25, 2001, a public hearing on the application for Tentative Tract Map 29788 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, the Planning Commission voted to recommend that the City Council approve the Mitigated Negative Declaration and the Tentative Tract Map, subject to the condition of approval; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider an application for Tentative Tract Map 29788 was issued in accordance with applicable law; and WHEREAS, on September 19, 2001, a public hearing on the application for Tentative Tract Map 29788 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, all written and oral testimony presented. Res. No. 20177 Page 2 THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: ' Section 1: Pursuant to CEQA, the City Council finds that, with the incorporation of proposed mitigation measures contained in the initial study, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance and therefore that the Mitigated Negative Declaration for the project is hereby adopted. Section 2: Pursuant to 9.62.010 of the Palm Springs Municipal Code and Section 92.01.00 et.sec of the Zoning Ordinance, the City Council that: a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The proposed Tentative Tract Map is consistent with the goals and objectives of the L-2, Low Density Residential, General Plan designation which governs the subject property as well as all property adjacent to the subject site. b. The design and improvements of the proposed Tentative Tract Map are consistent with the R-1-A zone within which the property is located. The Zoning Ordinance requires a minimum lot size of 20,000 square feet; proposed lots range from 29,185 square feet to 44,866 square feet. Minimum lot width and depth requirements have been met. C. The site is physically suited for this type of development. Although significant slopes exist within the subject property, each lot contains adequate developable building area. There are no bodies of water, ravines, or significant topographic features on the subject property. d. The site is physically suited for the proposed density of development. The site is physically suited for the proposed number of lots, and the density of the subdivision is consistent with the General Plan. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The Initial Study prepared for the project determined that although the project has the potential to impact wildlife, through the implementation of the proposed mitigation measures any environmental impacts regarding animal or plant life would be reduced to a level of less than significant. There are no bodies of water on the subject property and therefore no fish will be disturbed. f. 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 will not conflict with easements for access through or use of the property. A Desert Water Authority pipeline easement transects the property from its southwest corner to its northeast corner; however, the proposed subdivision will not interfere with this easement. / �e Res. No. 20177 Page 3 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Tentative Tract Map 29788 subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the approval of a final map for the subject property. ADOPTED this 191" day of September, 2001. AYES: Members Hodges, Jones, Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: None ATTEST CITY OF PALM SPRINGS, CALIFORNIA -;ity Clerk City Manager _G�: REVIEWED AND APPROVED AS TO FORM Q� _ /oe 3 Res. No. 20177 Page 4 EXHIBIT A ' TTM 29788 CONDITIONS OF APPROVAL September 19, 2001 Before submittal for any final map, 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. 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, ordinances and resolutions which supplement the zoning district regulations.All lots are subject to Section 94.04.00, Architectural Review. la. 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 5.0857-CUP. 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 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. MITIGATION MEASURES 2. The applicant shall submit a Fugitive Dust Mitigation Plan, prepared in accordance with Chapter 8.50 of the Palm Springs Municipal Code regarding Fugitive Dust and Erosion Control, which shall be submitted for review and approval by the Building Official prior to the issuance of any grading permits on the property. 3. The applicant shall purchase a minimum of 5 acres in the Snow Creek area as an offset to developing the subject property. Alternate property may be acquired if mutually agreed upon by the City and the Fish and Wildlife Service or funds equal to the cost of the Snow Creek property should be deposited with the City's Open Space Acquisition Fund for future acquisition of open space lands either by the City or another entity. /b 04 S?� Res. No. 20177 Page 5 4. If blasting is determined to be necessary as part of the excavation operation for any of the future residences on the property, the timing of such a procedure shall be planned with the assistance of a biologist. If the biologist determines that the location and extent ' of blasting is likely to affect sheep lambing, breeding, or watering, blasting should be done during a period when the auditory impacts will be negligible. A biological monitor may also be necessary prior to and during blasting events to halt blasting immediately if sheep are present in the area. While the biologist will determine the final implementation techniques, it is anticipated that the biologist will be positioned at the higher elevations of the site equipped with a spotting scope and radio and would conduct visual surveillance before and during blasting. 5. Any additional landscaping or landscape alteration outside of fenced areas shall consist of plant species that are native to the immediate area. No additional oleanders shall be planted on-site, as they have been implicated in Peninsular Bighorn Sheep deaths through poisoning. 6 The final design of any perimeter fencing orwalls shall be reviewed by the Planning and Building Departments as part of the Architectural Review process for each residence within the subdivision. The fencing shall be of a height, location, and design as to not create a"trap"for Peninsular Bighorn Sheep that could potentially wander to the fringe of the subdivision. 7. The developer shall construct a fence at least 6 (six) to 8 (eight) feet high around the perimeter of the subdivision for the purpose of keeping bighorn sheep out of the area of development. Such fence shall be constructed when there is a determination of need by a "Fence Review Committee' consisting of the Director of Planning and Building, a representative biologist appointed by the owner of each lot within the subdivision and a representative appointed by the California Department of Fish and Game. The committee shall determine that a need exists based upon scientific information, field observations and other reliable information , if such data shows that 1) development of the subdivision is tending to attract sheep to the immediate area; 2) new information has developed showing, with a degree of reliability, that the health of the sheep is adversely affected by any vegetation planted in conjunction with the new residences; or 3)that sheep are coming into the area of the subdivision and are adversely affected thereby. At the opinion of the committee, the committee may order further scientific study of the issue to develop information necessary to determine if the need for the fence exists. The study may recommend additional monitoring,which shall be instituted per the recommendations of the committee. The property owner(s)shall have the right to install the fence in lieu of performing any such additional study. The design and location of the fence shall be reviewed and approved bythe Director of Planning and Building. The fence shall be completely installed at the cost of the owner(s) of these lots within one (1) year after the committee gives notice thereof. Failure to timely complete the installation shall result in notices of violation being posted on said properties with potential legal action pending. This language shall be incorporated into the Covenants, Conditions and Restrictions(CC&R's)for the project to the satisfaction of the Director of Planning and Building and the City Attorney. 8. The developer shall submit Covenants, Conditions and Restrictions (CC&Rs) for the project to the Planning Department for review and approval prior to final map approval. 9 The developer shall be responsible for compliance with the State Endangered Species Act and Federal Endangered Species Act prior to the issuance of grading permits, if deemed necessary by the applicable resource agencies. I P#4 s� Res. No. 20177 Page 6 10, During all earth-moving activities in the project area(i.e.excavation and initial grading), a qualified archaeologist shall be present to monitor operations. Said archaeologist shall have the authority to halt earth-moving operations if deemed necessary to preserve any sensitive resources uncovered. ENGINEERING DEPARTMENT: STREETS 11. 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. 12. 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 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. LA MIRADA ROAD 13. Construct a 6 inch curb and gutter, 20 feet BOTH SIDES of centerline along the entire frontage of the subject property per City of Palm Springs Standard Drawing No. 200 14, The cul-de-sac shall be constructed in accordance with City of Palm Springs Standard Drawing No. 101. 15, The driveway approaches shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum widths of 10 feet. 16. 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. 17. Construct 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 edge of proposed gutter along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 305. The pavement section shall be designed, using"R"vaues, by a licensed Soils Engineer and submitted to the City Engineer for approval. SANITARY SEWER 18, Construct sewer laterals from existing sewer main to a location in the proximity of the plumbing outlet of said property. Cap all laterals at right-of-way line for future connection to City sewer system. 1004 S Z Res. No. 20177 Page 7 19 Developer shall construct an 8 inch sewer main across the entire La Mirada frontage in accordance with the Master Plan of Sewers and connectto the existing sewer system at the south end of La Mirada Road. 20. All sewer mains constructed by the developer and to become part of the City sewer system shall be televised by the developer prior to acceptance of said lines. 21. Submit sewer 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: A. Copy of signed Conditions of Approval from Planning Department B. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. C. Sewer Study/Report, IF required by these conditions. GRADING 22. 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. 23. 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 Division. The Grading Plan shall be approvedby the City Engineer priorto 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 prepared/updated within past 3 months. E. Copy of Soils Report, IF required by these conditions. F. Copy of Hydrology Study/Report, IF required by these conditions. 24. 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. 25 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 dollar's ($2,000.00) per acre for mitigation measures of erosion/blowsand,relating to his property and development. )0.9 S3 Res. No. 20177 Page 8 26 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 Division along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 27. Contact the Building Division for PM10 requirements priorto request forgrading permit. 28. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, aplicants 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 29. 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. 29A. The developer shall submit the proposed grading plan and hydrology report to the Riverside County Flood Control and Water Conservation District(RCFC)for their review and approval. The south side of the tract is proposed to drain onto RCFC property. GENERAL 30. 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. 31. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. 32. 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. 33. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. AM s y Res. No. 20177 Page 9 MAP 34 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. 35. 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. 36. The Parcel Map/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 37, 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 signals/safety light polies, conduit, pull boxes and all appurtenances located on the LA MIRADA ROAD frontage of the subject property. 38. 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. FIRE 39. Construction shall be in accordance with the 1998 Califoprnia Fire Code, 1998 Califprnia Buiulding Code, City of Palm Springs Fire Preotection Master PLAn Vol. II, City of Palm Springs Ordinance 1570, Desert Water Agency requirements, and the 1997 Urban Wildland interface code. 40. Fire/Police/Ambulance access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 67,500 lbs. 41. Any turning radius shall be not less than 43'from centerline. 42. Cul-de-sacs shall be designed with a minimum turning radius of 43 feet on center. 43. All water supplies and fire hydrants shall be installed in accordance with the 1998 California Fire Code,Article 9, Section 903.4,Appendix III-B and Desert Water Agency specifications. 44. Further conditions as warranted.