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HomeMy WebLinkAbout20467 - RESOLUTIONS - 9/18/2002 RESOLUTION NO. 20467 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN APPLICATION FOR TENTATIVE PARCEL MAP 30581, SUBJECT TO THE CONDITIONS STATED, TO SUBDIVIDE APPROXIMATELY FOUR ACRES OF LAND INTO TWO PARCELS ON THE NORTHEAST CORNER OF ALEJO ROAD AND COMMERCIAL ROAD, ZONE PD 158/M-1-P, SECTION 12. WHEREAS, the Stroke Activity Center, (the "Applicant") has filed an application with the City pursuant to Section 9402.00 of the Zoning Code and the Palm Springs Municipal Code Section 9.60 for a Tentative Parcel Map to subdivide approximately four acres of land into two (2) parcels on the northeast corner of Alejo Road and Commercial Road, Zone PD 158/M-1-P, Section 12; and WHEREAS, the Applicant has filed Tentative Parcel Map 30581 with the City and has paid the required filing fees; and WHEREAS, said Tentative Parcel Map was submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comments and requirements; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Tentative Parcel Map 30581 was given in accordance with applicable law; and WHEREAS, on June 12, 2002 and July 24, 2002, a public hearing on the application for Tentative Parcel Map 30581 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, and all written and oral testimony presented; and WHEREAS, the Planning Commission voted to recommend that the City Council approve the proposed project, subject to the conditions of approval; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider Applicant's application for Tentative Parcel Map 30581 was given in accordance with applicable law; and WHEREAS, on September 18, 2002, a public hearing on the application for Tentative Map 30581 was held by the City Council in accordance with applicable law; and 13 Resolution 20467 Page 2 I WHEREAS, pursuant to Government Code Section 66412.3, the City Council has considered the effect of the proposed Subdivision, Tentative Parcel Map 30581, on the housing needs of the j region in which Palm Springs is situated and has balanced these needs against the public service i needs of its residents and available fiscal and environmental resources; the approval of the proposed Subdivision represents the balance of these respective needs in a manner which is most consistent with the City's obligation pursuant to its police powers to protect the public health, safety, f and welfare; and i WHEREAS, pursuant to Government Code Section 66412.3, the City Council has considered the effect of the proposed Subdivision, Tentative Parcel Map 30581, the approval of the proposed Subdivision represents the balance of these respective needs in a mannerwhich is most consistent with the City's obligation pursuant to its police powers to protect the public health, safety, and welfare, and jWHEREAS, the proposed Subdivision, Tentative Parcel Map 30581, is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and is categorically exempt from the provisions of CEQA per Section 15332, for In-Fill Development Projects, 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 Section 9.63.070 of the Zoning Ordinance, the City Council finds that with the incorporation of those conditions attached in Exhibit A. a. Tentative Parcel Map 30561 is categorically exempt from environmental assessment per Section 15332, In-fill development projects, of the California Environmental Quality Act (CEQA). b. The proposed map is consistent with the applicable General Plan. c. The design or improvements of the proposed subdivision are consistent with the General Plan d. The site is physically suitable for the type of development contemplated by the proposed subdivision. The remainder lot will be merged into an existing parcel through the lot line adjustment procedure. e. The site is physically suitable for the proposed density of development contemplated by the proposed subdivision. f The design of the subdivision or improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat e _Illlllw�_ — — Resolution 20467 Page 3 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Tentative Parcel Map 30581, subject to those conditions set forth in the in Exhibit A ADOPTED this 18th day of September, 2002. AYES: Members Hodges, Mills, Reller--Spurgin and Mayor %leindienst NOES. None ABSENT: Member Oden ABSTAIN: None Y ATTEST. CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager REVIEWED AND APPROVED AS TO FORM 13C � Resolution 20467 Page 4 a� EXHIBITA SEPTEMBER 18, 2002 STROKE ACTIVITY CENTER ,. 1w 2800 E. ALEJO ROAD e TPM 30581 .w AJ CONDITIONS OF APPROVAL aw 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, or 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, 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 advisory agencies, or legislative body concerning Tentative " Parcel Map 30581. The City of Palm Springs will promptly notify the applicant of any such 1 , claim, action, or proceeding against the City of Palm Springs and will cooperate fully in the defense. 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, +0 thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. ib a 3. That prior to issuance of a grading permit, a restoration program shall be submitted for approval by the Director of Planning and Building,This program shall include full vegetation 4 and soil restoration of all areas disturbed during project grading and construction. The plan shall be prepared by a licensed Landscape Architect. Irrigation shall be provided during the initial restoration periods. A final landscape plan for the Stroke Activity Center needs to be submitted to the Director of Planning and Building prior to issuance of building permits. 4 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 0 Code for specific requirements, 5 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 fully restored or landscaped. NJ� i a Resolutiou 20467 Page 5 6. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep.The irrigation system shall be field tested priorto final approval ofthe project. Section 14 24.020 of the Municipal Code prohibits nuisance water from entering the public streets roadways or gutters- 7 The storage structure at the northwest corner of the Stroke Activity Center will need to be removed prior to sale of the parcel. 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 STREETS 8 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. w r 9. Submit street and sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Division The plan(s) shall be approved by the City Engineer prior to issuance of any grading or budding permits Minimum submittal shall include the following: A Copy of signed Conditions of Approval from Planning Department. B. All agreements and improvement plans approved by City Engineer, IF applicable. M C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. ALEJO ROAD EAST *10. Deleted. *11. Deleted. ,t e *'12, Deleted. u 13. Deleted. Resolution 20467 - Paige 6 "14. Deleted. 11 *15. Deleted. 16. All broken or off grade curb, gutter, sidewalk, driveway approaches, and asphalt concrete pavement shall be repaired or replaced. COMMERCIAL ROAD 17. 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. 18. All broken or off grade curb, gutter, and asphalt concrete pavement shall be repaired or replaced 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 Department for review. Submittal shall be made prior to issuance of grading or building permits. 21. All required improvements adjacent to Parcel 2 included in these Engineering Conditions of Approval shall be listed in an Improvement Certificate on the Parcel Map and clearly noted that those improvements adjacent to Parcel 2 are the minimum development requirements for Parcel 2 of Parcel Map No. 30581, and need not be completed until issuance of a certificate of occupancy for Parcel 2. All required improvements adjacent to Parcel 1 included in these Engineering Conditions of Approval (if any) shall be constructed prior to approval of the Parcel Map; or, the developer shall provide security for the { construction of those improvements in accordance with the terms of a Subdivision Improvement Agreement, TRAFFIC 22, The developershall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The w developer shall provide same through dedication of additional right-of-way and widening of I the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light pales, conduit, pull boxes and all appurtenances located on the Alejo Road East and Commercial Road frontages of the subject property. a N Resolution 20467 Page 7 POLICE DEPARTMENT: 23. The developer shall comply with Section II of Chapter$.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT: 24. Prior to any construction on-site, all appropriate permits must be secured. FIRE DEPARTMENT: 25. Fire Hydrant Relocation and Upgrade: If the fire hydrant at the north east corner of Alejo Rd. and Commercial Rd. has to be moved to accommodate a new curb return, then the relocated hydrant must be changed to a commercial hydrant. r r� J R,esolutiou 20467 e 8 VI CINI TY MAP VISTA CHINO ROAD E PALM SPRINGS INTERNATIONAL AIRPORT ALEJ0 ROAD a TAHQUrrZ CANYON WAY RAMON I3W CITY OF PALM SPRINGS CASE NQ TPM 30581 _DESCRIPTION 3 by Stoke Activity APPLICANT Stroke Activity tocaUon aUlbdlvd 4 acres ofland Into 2 Center IMr Center parcels on the NE comer otAlojo Rd. and Commercial Rd.Zone M-1-P,Sect 12.