HomeMy WebLinkAbout20375 - RESOLUTIONS - 6/19/2002 RESOLUTION NO.20375
' OF THE CITY COUNCIL OFTHE CITY OF PALM SPRINGS, CALIFORNIA
APPROVING TENTATIVE PARCEL MAP 30143, AN APPLICATION BY
JAMES MILLER, NORMA AND NIKI SIROTA, VAN KLEECH
ENTERPRISES AND ALBERTAND SHIRLEY FEJER, FOR A TENTATIVE
PARCEL MAP TO SUBDIVIDE ONE 99 ACRE PARCEL INTO THREE
PARCELS MEASURING APPROXIMATELY 28, 29 AND 40 ACRES IN
AREA, FOR SALES PURPOSES ONLY, LOCATED ONE QUARTER MILE
SOUTHWEST OF THE INTERSECTION OF 1-10 AND GENE AUTRY
TRAIL, ZONE M-1-P, SECTION 25,
WHEREAS, James Miller, Norm and Niki Sirota, Van Kleech Enterprises, Albert and
Shirley Fejer (the "Applicants") have filed an application with the City pursuant to Section
9.60 of the Palm Springs Municipal Code for a tentative parcel map to allow for the
subdivision of an approximately 99 acre parcel into three parcels, measuring approximately
28, 29 and 40 acres in area, for sales purposes only, located approximately one quarter
mile west of the intersection of Interstate 10 and Gene Autry Trail on APN #669-250-001
and 669-250-002, Zone M-1-P, Section 25; 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 Tract Map 30143 was given in
accordance with applicable law; and
WHEREAS, pursuant to Section 15063 of the California Environmental Quality Act
(CEQA),as part of the Environmental Assessment/initial Study, a mitigated negative
declaration was prepared for the project; and
WHEREAS, on May 22. 2002, a public hearing on the application was held by the Planning
Commission in accordance with applicable law; and
WHEREAS, the Planning Commission carefully reviewed and considered all of the
evidence presented in connection with the hearing on the project, including but not limited
to the staff report, all written and oral testimony presented and voted to recommend that
the City Council approve the proposed project; and
WHEREAS, on June 19, 2002, a public hearing on the application was held by the City
Council Commission in accordance with applicable law; and
WHEREAS, the City Council carefully reviewed and considered all of the evidence
presented in connection with the hearing on the project, including but not limited to the staff
report, all written and oral testimony presented.
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA, the City Council finds that, with the incorporation of
proposed mitigation measures, potentially significant environmental impacts
resulting from this project will be reduced to a level of insignificance, and
therefore adopts a Mitigated Negative Declaration for the project.
Resolution 20375
Page 2
Section 2: Pursuant to Government Code Section 66473.5, the City Council finds that
the proposed subdivision is compatible with the objectives, policies and ,
general plan uses and programs provided in the City's General Plan,
including General Plan Objective 3.29 and Policies 3.29.1 and 3.29.2, and
Section 3: Pursuantto 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 66474, the City Council find 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 HC (Highway Commercial) on the City of Palm
Springs General Plan Land Use Map. The objective of the HC (Highway
Commercial) General Plan Designation is to provide areas for the retail and service
needs of freeway travelers at a level of design that respects the natural desert
surroundings and provides a sense of entry into Palm Springs and the Coachella
Valley (General Plan 1-71), The proposed map is consistent with General Plan
Objective 329 and Policies 3.29.1 and 3.29.2.The proposed map is consistent with
the applicable General plan designation. The proposed map would allow for the
development of uses and facilities supporting the needs of the freeway traveler.
proposed future development fits within the range of uses allowed within the
Highway Commercial General Plan category '
b. The design or improvements of the proposed subdivision is consistent with the
General Plan.
The site is designated HC (Highway Commercial) on the City of Palm Springs
General Plan Land Use Map. No improvements are proposed as part of this map
The proposed map is consistent with General Plan Objective 3.29 and Policies
3 29A and 3,29.2 The proposed map is consistent with the applicable General Plan
designation.
c. The site is physically suitable for the type of development contemplated by the
proposed subdivision.
No development is proposed as part of this application. The proposed subdivision
map is in compliance with the applicable criteria in the M-1-P zone. Future projects
will be designed to comply with all applicable performance and development
standards of the Zoning Ordinance The site is relatively flat.
d The site is physically suitable for the proposed density of development
contemplated by the proposed map
The proposed subdivision is zoned M-1-P and designated HC (Highway
Commercial) by the Palm Spring General Plan The proposed subdivision will create '
parcels similar in size to those in the area and zone No development is proposed
as part of this tentative parcel maps. Any proposed future development will be
required to be designed to comply with all performance and development standards
of the zone. The site is relatively flat. The adjacent uses are freeway oriented
commercial, freeway and rail transportation facilities and unimproved vacant lands.
Thus, the future project should be compatible with the surrounding vicinity.
Resolution 20375
Page 3
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.
No development is proposed as part of this map. The site is located with the
Fringe-Toed Lizard Area, and as a result, should future development occur on site,
the developer would be responsible for pay Fringe-toed lizard impact mitigation
fees. Therefore, the project is consistent with the General Plan Policy 5.5.2
The site is located within the Coachella Valley Multiple Species Habitat
Conservation Plan Area. As a Mitigation Measure, the Initial Study requires that, at
the time of development, future applicants will be required to comply with the
Coachella Valley Multiple Species Habitat Conservation Plan, if adopted, and may
be required to prepare site specific biological studies. Therefore, no potentially
significant impacts are expected to occur on plant and animal life as a result of this
project.
f. The design of the subdivision or improvements is not likelyto cause serious public
health problems.
No development is proposed as part of this application. 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. Dedication of additional right of way and street improvements to
Micro Place/Salvia Road, as well as the vacation of an existing County right of way
will be required as conditions of approval.
1
a3� 3
Resolution 20375
Page 4
NOW, THEREFORE, BE IT RESOLVED that based upon the foregoing, the City Council
hereby approves Tentative Parcel Map 30143, 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 19 day of June, 2002.
AYES Members Hodges, Odeu, and Mayor pro tem BelXer-Spurgin
NOES: None
ABSENT: Member oden and Mayor Kleindienst
ABSTAIN. None
ATTEST. CITY OF PALM SPRINGS
City Clerk City Manager
REVIEWED AND APPROVED AS TO FORM
1
2 3� y
Resolution 20375
Page 5
' RESOLUTION NO. 20375
EXHIBIT A
Tentative Parcel Map 30143
James Miller, Norm and Niki Sirota, Van Kleech Enterprises, Albert and Shirley Fejer
One quarter mile south west of the intersection of Interstate 10 and Gene Autry Tr.
June 19, 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 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,orproceeding againstthe City
of Palm Springs or its agents,officers or employees to attach, set aside,void orannul,
an approval of the City of Palm Springs, its legislative body, advisory agencies, or
administrative officers concerning TPM 30143 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. 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 project is located in an area defined as having an impact on fish and wildlife as
' defined in Section 7114 of the Fish and Game Code; therefore a fee of $1,328.00
plus an administrative fee of$50.00 shall be submitted by the applicant in the form of
a money order or a cashier's check payable to the Riverside County Clerk prior to
Council action on the project. This fee shall be submitted by the City to the County
Clerk with the Notice of Determination. Action on this application shall not be final
until such fee is paid. L
Resolution 20375
Page 6
4. That the property owner(s) and successors and assignees in interest shall maintain
and repairthe improvements including and without limitation sidewalks and bikeways,
between the curb and property line, including sidewalk or bikeway easement areas
that extend onto private property, in a first class condition,free from waste and debris,
and in accordance with all applicable law, rules, ordinances and regulations of all
federal, state, and local bodies and agencies having jurisdiction at the property
owner's sole expense. This condition shall be included in the recorded covenant
agreement for the property if required by the City.
5. 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 priorto Planning Commission
consideration of the environmental assessment.
POLICE DEPARTMENT.
6. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal
Code.
BUILDING DEPARTMENT
7. Prior to any construction on-site, all appropriate permits must be secured
FIRE DEPARTMENT
8. Access During Construction. Access for fire fighting equipment shall be provided to
the immediate job site at the start of construction and maintained until all construction
is complete. Fire apparatus access roads shall have an unobstructed width of not less
than 20 feet and an unobstructed vertical clearance of not less than 13' 6 Fire
department access roads shall have an all weather driving surface and support a
minimum weight of 73,000 lbs. (Sec. 902 CFC)
9. Fire apparatus access plans: Plans for fire apparatus access roads shall be
submitted to the fire department for review and approval prior to construction Plans
shall include certification from a Registered Professional Engineer stating the roads
are of all weather construction and capable of supporting fire apparatus weighing
73,000 Ibs G.V.W. (901.2,2.1 CFC)
10 Water Systems and Hydrants. Where underground water mains are to be provided,
they shall be Installed, completed and in service with fire hydrants or standpipes (Or
combinations thereof located as directed by the fire department) not later than the
time when combustible materials are delivered to the construction site. (Sec 903
CFC)
11 Commercial fire hydrants. Commercial fire hydrants shall be installed in accordance
with DWA specifications and standards No landscape planting, walls, or fencing are '
permitted within 3 feet of fire hydrants, except ground cover plantings
12 Site Plan Provide the fire department with two copies of an approved site plan.
Approved locations for fire hydrants will be marked on this site plan, with one copy
being returned to the applicant The second copy will be retained by the fire
department
Resolutlou 20375
Page 7
' 13 Fire hydrant systems: Following fire department selection of hydrant locations, plans
and specifications for fire hydrant systems shall be submitted to the fire department
for review and approval prior to construction. (901.2.2.2)
14 Fire Department Access Road Dimensions: Provide a minimum of 20 feet
unobstructed width. If parking on access road is desired, provide an 8 foot parking
lane with opposing curb marked red with appropriate signage for a total of 28 feet in
width. Provide an additional 8 feet for parking on both sides of access road for a total
of 36 feet in width.
15. Vertical Fire Apparatus Clearances. Palm Springs Fire Apparatus require an
unobstructed vertical clearance of not less than 13' 6",
16 Fire Flow Determination: Provide information on the size of the proposed buildings,
occupancy classification,and type of construction. This is necessary to determine fire
flow requirements.
ENGINEERING.
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,
MAP
17. 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.
18. 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,
19 The Parcel 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.
MICRO PLACE Salvia Road
20 Dedicate an additional right-of-way of 34 feet to provide the ultimate half street width
of 50 feet along the entire frontage of the subject property.
1
Resolution 20375
Page 8
COUNTY ROAD (60 foot wide easement)
21. Developer shall vacate the existing 60;foot wide county road easement as shown on '
that Record of Survey filed in Book 26, Page 9, of Records of Survey, records of
Riverside County, pursuant to Section 66434(g) of the California Government Code
from the west property line of the parcel map to the east property line of the parcel
map along the southern property line. Developer shall be responsible for final
resolution of all utilities, demolition 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 to the above mentioned items shall be approved by the City Engineer prior to
the submittal of the street improvement plans.
22 The following conditions shall be incorporated into the Parcel Map via an
Improvement Certificate on the map.
STREETS
23 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.
24. Developer shall submit plans to Caltrans for review and comment for work done in
the sphere of influence of 1-10. A copy of Caltrans requirements shall be submitted
to the City Engineer prior to the issuance of any grading or building permits. Work
shall be coordinated with the Engineering Department pertaining to City of Palm '
Springs Resolution 17950 - Restricting Street Work on Major and Secondary
Thoroughfares
25. 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.
MICRO PLACE (Salvia Road)
26 Construct an B inch curb and gutter, 40 feet on both sides of centerline along the
entire frontage of the subject property per City of Palm Springs Standard Drawing No
200. '
27. Construct a minimum 24 foot wide driveway approach, at approved access points, in
accordance with City of Palm Springs Standard Drawing No. 201.
Resolution 20375
Page 9
28 Construct a 10 toot wide combination sidewalk and bicycle path along the entire
' MICRO PLACE frontage.The construction shall be adjacent to the curb with colored
Portland Cement concrete The admixture shall be Palm Springs Tan, Desert Sand,
or approved equal color by the Engineering Department. The concrete shall receive
a broom finish.
29 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
edge of proposed gutter(76 feet wide) 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.
30, 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
SANITARY SEWER
31 Construct private sanitary sewer system in accordance with City of Palm Springs
Ordinance No, 1084.
32 At such time as an application for improvement is submitted to the City of Palm
Springs, a copy of said plans will be forwarded to Coachella Valley Water District
' (CV WD)so they can provide conditions of approval for water and sewer services.The
developer shall comply with all CVWD requirements
DRAINAGE
33 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(stormwater runoff)exceeds the
capacity of the approved drainage carriers.
GENERAL
34 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.
35, All existing and proposed utility lines that are less than 35 kV on/or adjacent to this
project shall be undergrounded. The location and size of the existing overhead
facilities shall be provided to the Engineering Department along with written
confirmation from the involved utility company(s) that the required deposit to
' underground the facility(s) has been paid, prior to issuance of a grading permit.
All undergrounding of utilities shall be completed prior to issuance of a Certificate of
Occupancy.
�. �cq
Resolution 20375
Page 10
36, 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.
37, The developer is advised to contact all utility purveyors for detailed requirements for
this project at the earliest possible date
TRAFFIC
38 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 MICRO PLACE frontage of the subject property
�,3� J �
l vICINITYMA-0
Resolution 20375
Page 11
•A
,1
�O •
�r-crs�
a �
G'tip�
O
i�JCy}�
i J r
sh9�
j0
w
w
is
VICINITY MAP_
NO SCALE
THOMAS BROS., PAGE 726,
GRID H7, 2000 EDITION
CITY OF PALM SPRINGS
A�SE NO, Tentahve Parcel Map 30143 DESCRIPTION
APPLICANT The subdivision of a 99 acre parcel Into 3 parcels,
ranging to sme from 28 to 40 acres,located one
Jim Miller,Norm and Nlki Sirota, quarter mile to the southwest of the intersectlon
Van Kleech Enterprises,and Albert and Shirley Fejer Interstate 10 and Palm Drive,Zone'M-1-P,Section 30.
Sent by: NACKER ENGINEERING 7602028287; 06/06/02 10:54AM;jgtEM #544;Page 2/2
Resolution 20375 _
Rage 12
O
t cn ® �' td
r (KZ t i
t c5 w -•_
w
x
4
yr F C y
4 N 4 — '
QN� /
It
r, I� !!g! 11;j filly E(`!tz. ILL
!
a Ci b e b e b
Mill! , 41
` �
x lr ,
fill rr�� r if
TH III
p ' � . ' J P \Sr� , �S
tie l ';' E{ 4 tr�°�� lief �� li� �I�Id� �� t yi!lIfill fl; if j &
t p�'- r' � Qf � ! t��•qqpp� � �!� •� i` `��
t!i 1i6[�i �IG i ti�b�F bEE b��elxl i9�i[ �fff