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HomeMy WebLinkAbout20333 - RESOLUTIONS - 5/15/2002 RESOLUTION NO, 20333 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,CALIFORNIA, ' APPROVING TENTATIVE PARCEL MAP 3D292, AN APPLICATION BY FRIEND DEVELOPMENT PALM SPRINGS LLC FOR A TENTATIVE PARCEL MAP FOR THE CONSOLIDATION OF 43 PARCELS INTO ONE VACANT 4.97 NET ACRE PARCEL, FOR FUTURE DEVELOPMENT OF A 104-UNIT APARTMENT PROJECT, LOCATED AT THE SOUTHEAST CORNER OF EAST PALM CANYON DRIVE AND ARABY DRIVE, R-3 ZONE, SECTION 25. WHEREAS, Friend Development Palm Springs LLC (the "Applicant") has filed an application with the City pursuant to Sections 9,60 of the Palm Springs Municipal Code for a tentative parcel map to allow for the development of a two-story, 104-unit apartment project on a 4.97 net acre parcel located at the southeast corner of East Palm Canyon Drive and Araby Drive, R-3 zone, Section 25; and WHEREAS, the applicant has applied for approval of this map to satisfy a condition of approval for a related case (Case 5.0843-CUP), which was approved, on appeal, by the City Council on February 14, 2001; and WHEREAS, a notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Tentative Parcel Map 30292 was given in accordance with applicable law; and WHEREAS,the proposed Tentative Parcel Map is categorically exemptfrom the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332 (In-fill ' Development Projects); and WHEREAS,on April 10,2002,the Planning Commission reviewed and considered all of the evidence presented in connection with the hearing on the project and 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 and all written and oral testimony presented; WHEREAS,the Planning Commission voted to recommend that the City Council approve said project, WHEREAS, a notice of a public hearing of the City Council of the City of Palm Springs to consider Applicant's application for Tentative Parcel Map 30292 was given in accordance with applicable law; and WHEREAS,on May 15,2002,the City Council reviewed and considered all of the evidence presented in connection with the hearing on the project and 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 and all written and oral testimony presented. Resolutiou 20333 Page 2 THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA,the City Council finds-as follows: This Conditional Use Permit is categorically exempt from environmental ' assessment pursuant to Section 15332 of the California Environmental Quality Act (CEQA) In that Section 15332 states that in-fill development projects are exempt from CEQA; and Section 2: Pursuant to Government Code Section 66473.5,the City Council finds that the proposed subdivision and the provisions forits design and improvement are compatible with the objectives, policies and general plan uses and programs provided in the City's General Plan, including General Plan Objective 8 8 and Policies 3.8.1 and 3.8.3; and Section3: 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 Section 4: Pursuant to Government Code Section 65474, the City Council finds that, with the incorporation of these conditions attached in Exhibit A: a. The proposed map is Consistent with the General Plan. The subject property is designated as H-43/21 (High Density Residential) on the City's General Plan Land Use Map and R-3 (Multiple-family Residential and Hotel Zane) pursuant to the Zoning Map. The objective of the H-43/21 General Plan Designation(providing for the development of a threshold of 15 and a maximum of 21 dwelling units per acre) is to allow for multi-family apartments and similar permanent housing. The proposed subdivision for future development of 104 apartment units on a 4.97 net acre site (20.92 units per acre)fits within the range ' of uses allowed within the High Density Residential General Plan category. The proposed map for the future development of 104 apartment units is therefore in harmony with the various elements and objectives of the City of Palm Springs General Plan and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is to be located. b. The design or improvements of the proposed subdivision is consistent with the General Plan. The subject site is zoned R-3 (Multiple-family Residential and Hotel Zone) and designated H-43/21 (High Density Residential)pursuant to the City's General Plan Land Use Map The proposed map is compatible with the General Plan and existing land uses to the south, north (across East Palm Canyon Drive) and east, as well as future uses of vacant land to the west(across Araby Drive),which could be developed with a variety of high density residential uses pursuant to the City's General Plan and Zoning Ordinance. ge Z 1 Resolutiou 20333 Page 3 c. The site is physically suitable for the type of development contemplated by the proposed subdivision. The subdivision map and the associated conditions of approval will create an ' appropriate improvement in compliance with the applicable criteria)in the R-3 zone. The project has been designed to comply with all performance and development standards of the R-3 Zone of the Zoning Ordinance. The site is relatively flat with native vegetation scattered across the property and no overhead utilities, and will be accessed via Araby Drive. Thus, the project should be compatible with the surrounding neighborhood. d. The site is physically suitable for the type of development contemplated by the proposed map. The proposed subdivision is within an R-3 zoning classification and designated H43/R21 by the Palm Springs General Plan The proposed subdivision will create parcels similar in size to those in the area and zone.The proposed map has been designed to comply with all performance and development standards of the R-3 Zone of the Zoning Ordinance. The site is relatively flat with native vegetation scattered across the property and no overhead utilities, and will be accessed via Araby Drive. Thus, the project should be compatible with the surrounding neighborhood. e The design of the subdivision or improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish, or wildlife or habitat. A Categorical Exemption, pursuant to the standards of Section 15332 of the California Environmental Quality Act(CEQA), is applicable to this project. f.The design of the subdivision or improvements is not likely to cause serious public ' health problems. The proposed subdivision map and improvements have been designed to minimize potential safety issues by positioning driveways and internal traffic flows per the City of Palm Springs traffic standards and Fire Department Standards.The subdivision is consistent with lot size patterns in the area. g. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. The proposed map will not conflict with the existing traffic flow adjacent to the property or with access to utilities required to serve the subdivision and the immediate area. �g�e 3 Resolution 20333 Page 4 NOW THEREFORE, BE IT RESOLVED that based upon the foregoing, the City Council approves Tentative Parcel Map 30292,subject to the 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 95 day of May, 2002. AYES. Members Hodges, Mills, Oden, Reller—Spurgin and Mayor Rleindienst NOES: None ABSENT: None ABSTAIN: None ATTEST CITY OF PALM SPRINGS B * �� City Clerk City Manager REVIEWED AND APPROVED AS TO FORM 1 1 Resolution 20333 Page 5 RESOLUTION NO, 20333 EXHIBIT A ' Tentative Parcel Map 30292 (Related Case Conditional Use Permit No, 5.0843) Friend Development Palm Springs, LLC Southeast corner East Palm Canyon Drive and Araby Drive May 15, 2002 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. PLANNING: 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Cade, 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 TPM 30292. 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 matterfollowing an adverse judgement orfailureto appeal,shall not cause a waiver of the indemnification rights herein. The applicant shall apply for a Final Parcel Map be within two(2)years from the effective date of approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 3. The conditions of approval for Case 5.0843-CUP are incorporated and shall apply to this case 1 Fesolutiou 20333 Page 6 4 Pursuant to Fish and Game Code Section 711.4 a filing fee of $78,00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the form of a money order or cashiers check payable ' to Riverside County. 5 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. 6. The grading plan shall show the disposition of all out and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 7. 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 fee 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 artwork and protect the public rights of access and viewing. 8. A bus shelter shall be constructed along the East Palm Canyon Drive frontage in conjunction with the bus bay turnout on East Palm Canyon Drive. The design of the shelter shall be integrated architecturally with the architecture of the buildings,to the satisfaction of the Director of Planning and Building. Contact SunLine Transit Agency for details regarding bus stop furniture/shelter requirements and maintenance requirements , POLICE DEPARTMENT: 9. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code FIRE DEPARTMENT, 10. Construction shall be in accordance with the1998 California Fire Code, 1998 California Building Code,City of Palm Springs Ordinance 1570,Desert WaterAgency requirements,NFPA 13, 14,24,70,72 and 760 plus ULICSFM listings and approvals 11 Approved numbers or addresses shall be plainly visible and legiblefrom the street or road fronting the property per 1998 California Building Code,Chapter5,Section 502 12. Fire Department Access Roads shall be provided and maintained in accordance with the 1998 California Fire Code,Article 9, Section 902 and local ordinances. /4�G Resolution 20333 Page 7 BUILDING DEPARTMENT: 13. Prior to any construction on-site, all appropriate permits must be secured. ' 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. GENERAL 14. Dedicate additional right-of-way as required to allow construction of a bus shelter at the bus turnout near the northwest corner of the project. 15. A 5 foot wide pedestrian access easement from Araby Drive through the project to East Palm Canyon Drive(at the southeast comer of the project)shall be dedicated to the City on the parcel map in a manner acceptable to the City Engineer, 16. A bikeway easement across the 30 foot wide private access road shall be dedicated to the City on the parcel map. 17. The property owner shall enter into a reciprocal access agreement with the owner($), master lease and all sub-leases (if any) of the property located at 3255 East Palm Canyon Drive(Assessor's Parcel No. 510-030-010)providing unrestricted access to the property. ' 18. The developer shall create a parcel to convey or grant to the owner(s)of the property located at 1842 Araby Drive(Parcel 28 of Record of Survey 32147,Assessor's Parcel No 510-070-028)historically used as a portion of that property to the satisfaction of the Planning Director and City Engineer. The parcel shall be shown on the Parcel Map,and shall be conveyed or granted prior to issuance of a certificate of occupancy for any development occurring within the Tentative Parcel Map. MAP 19, 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 to the Engineering Department. 20, The Parcel Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Departmentfor review.Submittal shall be made prior to issuance of grading or building permits. 21, The following improvements shall be listed in an Improvement Certificate on the Parcel Map clearly noting that the following improvements will be the minimum development requirements for Tentative Parcel Map 30292, but not required to be completed until, and prior to, issuance of a certificate of occupancy for any development occurring within the Tentative Parcel Map I've 7 Resolution 20333 Page 8 EAST PALM CANYON DRIVE 22. Construct an 8 inch curb and gutter, 38 feet south of the existing construction centerline along the entire frontage, with a 35 foot radius curb return at the intersection of Araby Drive per City of Palm Springs Standard Drawing No. 200. ' 23. Construct a curb ramp meeting current California State Accessibility standards at the SOUTHEAST corner of the intersection with Araby Drive per City of Palm Springs Std Dwg. Nos. 212 and 212A 24. Construct a 160-foot long by 10-foot wide bus turn out on the EAST PALM CANYON DRIVE frontage beginning at the ECR of the southeast comer of the intersection of Araby Drive.The configuration shall be approved by the City Engineer in conjunction with SunLine Transit, Contact SunLrne Transit for details regarding bus stop furniture/shelter requirements.Developer shall construct shelter inclusive of furniture and lighting. 25, Remove and replace existing pavement with a minimum pavement section of 5 inch asphalt concrete pavement over inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to clean sawcut edge of existing pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340.The pavement section shall be designed,using"R"values,by a licensed Soils Engineer and submitted to the City Engineer for approval. ARABY DRIVE 26. Construct a 6 inch curb and gutter, 20 feet EAST of centerline along the entire frontage of the subject property,with a 35 foot radius curb return at BOTH SIDES of the intersection with the ACCESS ROAD and at the intersection with East Palm Canyon Drive per City of Palm Springs Standard Drawing No.200. 27. Construct the BOTH SIDES of an B foot cross gutter and spandrel at the intersection ' of ARABY DRIVE and ACCESS ROAD with a flow line parallel to the centerline of ARABY DRIVE in accordance with City of Palm Springs Standard Drawing No 20D and 205. 28. 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. 29. Construct a curb ramp meeting current California State Accessibility standards on BOTH SIDES of the intersection with the ACCESS ROAD per City of Palm Springs Std, Dwg. Nos 212 and 212A. 30 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 315.The pavement section shall be designed,using"R"values, by a licensed Soils Engineer and submitted to the City Engineer for approval. Resolution 20333 Page 9 TRAFFIC 31, 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 developer shall provide same through dedication of additional nght- 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 PALM CANYON DRIVE EAST,ARABY DRIVE and ACCESS ROAD frontages of the subject property. 32 The developer shall be responsible for the relocation and modification of the existing traffic signal poles, conduit, pull boxes and all appurtenances located on the SOUTHEAST comer of PALM CANYON DRIVE EAST and ARABY DRIVE in accordance with the requirements of the City of Palm Springs. 1 / fie 0 1