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HomeMy WebLinkAbout20475 - RESOLUTIONS - 10/2/2002RESOLUTION NO. 20475 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TEMPORARILY SUSPENDING CERTAIN REGULATORY ORDINANCES TO FACILITATE THE 2002 ARENAS ROAD HALLOWEEN COSTUME PARTY. WHEREAS the City of Palm Springs designated the Arenas Road Halloween Costume Party as a City -sponsored event; and WHEREAS the City Council desires to facilitate the staging of the City -sponsored event to maximize revenue production; and WHEREAS the City Council finds that certain regulatory ordinances, which are generally deemed desirable and necessary, may, nonetheless, impedethe conduct of special events; and WHEREAS the City Council finds that holding special events, the public interest and the benefits derived therefrom outweigh the temporary public inconvenience; and WHEREAS the City Council has enacted Ordinance #1310 authorizing temporary suspension of regulatory ordinances. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, I California, as follows: Section 1. A. That the 2002 Arenas Road Halloween Costume Party is a special event beneficial to the community and its visitor -oriented economy. B. That the date of the 2002 Arenas Road Halloween Costume Party is October 31. C. That Bent Productions is the event promoter, along with its construction personnel and staff. D. That the venue is Arenas Road between Indian Canyon Drive and Calle Encilia. Section 2. That the following ordinances are hereby temporarily suspended for the special event designated in Section 1 above: Sign Ordinance, Zoning Ordinance and Noise Ordinance. Resolution 20475 Page 2 1 Section 3. That the regulatory ordinances designated in Section 2 above shall remain In full force and effect except as to the event, date and persons or organizations as designated in Section 1 above. ADOPTED this 2nd day of October, 2002. AYES. Members Hodges, Mills, Oden, Reller—Spurgin and Mayor Kleindienst NOES: None ABSENT: None ATTEST City Clerk REVIEWED & APPROVED AS TO FORM CITY OF PALM SPRINGS, CALIFORNIA City Manager ( Resolution 20467 Page 2 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 ' region in which Palm Springs is situated and has balanced these needs against the public service 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, and welfare; and 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 WHEREAS, 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 30581 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 orsubstantially and unavoidably injure fish orwildlife ortheir habitat. 1X011 I 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. AYESMembers Hodges, Mills, Reller-Spurgin and Mayor Rleindieust NOES: None ABSENT: Member Oden ABSTAIN' None ATTEST. CITY OF PALM SPRINGS, CALIFORNIA REVIEWED AND APPROVED AS TO FORM k J 13C S Resolution 20467 Page 4 EXHIBIT A SEPTEMBER,18, 2002 ' STROKE ACTIVITY CENTER 2800 E. ALEJO ROAD TPM 30581 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, 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 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, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. 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 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 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. J Resolution 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. 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 building 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. C. Proof of processing agreements/licenses, these conditions. ALEJO ROAD EAST *10 Deleted. *11. Deleted. *12. Deleted. *13. Deleted dedications of right-of-way, easements, encroachment covenants, reimbursement agreements, etc, required by Resolution 20467 Page 6 *14. Deleted. *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. A.. 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 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 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 Alejo Road East and Commercial Road frontages of the subject property. I Resolution 20467 Page 7 POLICE DEPARTMENT: 23. The developer shall comply with Section II of Chapter 8.04 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. tesolutiou 20467 .;iee 8 VICINITY MAP VISTA CHINO TAWISK E PALM SPRINGS INTERNATIONALROAD AIRPORT ALEJ n • •� •.� U. d TAHQUITZ CANYON WAY . u..W:w CITY OF PALM SPRINGS CASE NO. TPM 30581 DESCRIPTIONApplic1 APPLICANT Stroke Activity tosubatlide4aon by osofladInto2ke Activity er to subdivide 4 acres of lend Into 2 Center parcels on the NE comer of AIejo Rd. and Commercial Rd, Zone M-1-P, Sect 12.