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HomeMy WebLinkAbout20932 - RESOLUTIONS - 5/19/2004 RESOLUTION NO. 20932 ' OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING APPROVAL OF TENTATIVE TRACT MAP TTM-31887 - REVISED, FOR THE CONSTRUCTION OF 38 CONDOMINIUM UNITS LOCATED AT 284 CAHUILLA ROAD, ZONE R-2 AND R-3, SECTION 15. WHEREAS, John Wessman (the "Applicant") has filed an application with the City pursuant to Palm Springs Municipal Code Section 9.60 for a revised Tentative Tract Map to construct 38 condominium units located at 284 Cahuilla Road, Zone R-2 and R-3, Section 15; and WHEREAS, the Applicant has filed Tentative Tract Map 31887 - revised, with the City and has paid the required filing fees; and WHEREAS, said revised Tentative Tract 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 the public hearing of the City Council of the City of Palm Springs to consider TTM 31887 - revised, was given in accordance with applicable law; and ' WHEREAS, on April 28, 2004, a public hearing on the application for revised Tentative Tract Map 31887 was approved by the Planning Commission in accordance with applicable law; and WHEREAS, on May 5, 2004, a public hearing on the application for revised Tentative Tract Map 31887 was approved by the City Council in accordance with applicable law, WHEREAS, pursuant to Government Code Section 66412.3, the City Council has considered the effect of the proposed subdivision, Tentative Tract Map 31887- revised, 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 project represents the balance of these respective needs in a manner which is most consistent with the City's obligation pursuant to its police power to protect the public health, safety, and welfare; and WHEREAS, the proposed subdivision, revised Tentative Tract Map 31887, is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and an addendum has been prepared to the Environmental Assessment has been previously prepared and approved by Planning Commission November 26, 2003, and City Council December 12, 2003, for this project; and ' Resolution No.20932 Page 2 WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the Project, including but not limited to the staff report, all environmental data including the environmental assessment prepared for the project and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that the addendum to the previously approved environmental assessment for TTM 31887 adequately addresses the general environmental setting of the proposed Project, its significant environmental impacts, and the mitigation measures related to each significant environmental effect for the proposed project. The City Council further 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 recommends adoption of a Mitigated Negative Declaration for the project. Section 2: Pursuant to Government Code Section 66473.5 the City Council finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, polices, and general land uses and program provided in the City's General Plan and any applicable ' specific plan. Section 3: Pursuant to Government Code Section 66474 (Subdivision Map Act), the City Council finds that with the incorporation of those conditions attached in Exhibit A: 1. The proposed revised Tentative Map is consistent with applicable general and specific plans. The previously approved Planned Development District - PD-288 is consistent with the General Plan as determined by the Planning Commission at public hearing November 26, 2003 and City Council at public hearing December 12, 2003. The revised Tentative Tract Map has not incorporated any modifications to PD-288. Therefore prior findings made by both Planning Commission and City Council remain consistent with the General Plan. 2. The design of improvement of the proposed subdivision is consistent with the General Plan and any applicable Specific Plan. Improvements associated with PD - 288, as previously approved by Planning Commission and City Council will not change. Conditions of approval associated with revised Tentative Tract Map 31887 will include all previously approved conditions. 3. The site is physically suitable for the type and density of development contemplated by the proposed subdivision. Resolution No.20932 , Page 3 The site is proposed for thirty-eight (38) two to four bedroom units on 3.8 acres of land. With the inclusion of a contiguous parcel under the same ownership as the previously approved Tentative Tract Map 31887, the site acreage was increased from 2.7 acres to 3.8 acres. Density standards for numbers of dwelling units proposed is below those permitted by the zoning designation. 4. The design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. All potential environmental impacts as a result of developing the subject property are fully disclosed in the Environmental Assessment approved by City Council resolution December 12, 2003. An addendum to the Environmental Assessment has been prepared in order to modify the project description's change in acreage. The demolition of existing structures has been determined not to have a significant impact to any historic structures. The incorporation of the mitigation measures as prescribed in the EA will ensure that any potentially significant impacts will be reduced to a level of insignificance. Therefore, the design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 5. The design of the subdivision or type of improvements is not likely to cause ' serious public health problems. The design of the subdivision and proposed improvements must follow the conditions of approval including, but not limited to, the application of the Uniform Building Code Seismic Safety Standards, and the City of Palm Springs Fugitive Dust Control Ordinance in order to ensure public health and safety. 6. 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, property within the proposed subdivision. The revised Tentative Tract Map does not alter previously approved improvements that would conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Section 4: Pursuant to Zoning Ordinance Section 9402.00, the City Council finds that: a. The use applied for at the location set forth in the application is properly one for which a Planned Development District is authorized by the City's zoning ordinance. Pursuant to the Zoning Ordinance for the underlying R-2 and R-3 zones, multi- family residential development is a permitted use. ' b. The said use is necessary or desirable for the development of the community, and is in harmony with the various elements or objectives of the General Plan, Resolution No,20932 Page 4 and is not detrimental to the existing or future uses specifically permitted in the zone in which the proposed use is to be located. The proposed revised Tentative Tract Map consists of a nine (9) numbered lot and four (4) lettered lot in order to construct 38 condominium units. The associated Preliminary Planned Development District 288 has been approved by Planning Commission and City Council at public hearings, November 26, 2003 and December 12, 2003, respectively. The intent of PD - 288 has not changed. The purpose of the revised Map is for financial purposes only as permitted by The Subdivision Map Act Section 66424 in order to incorporate contiguous property not previously included in the review process. The multi-family residential project is in harmony with the objectives of the General Plan, is desirable for the development of the community and is not detrimental to the existing or future uses specifically permitted in the zone for which it is proposed. C. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The project site is 3.8 acres. Size and shape of site including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood have been previously reviewed and approved. The revision of previously approved Tentative Tract Map 31887 incorporates a contiguous parcel of land, Assessors Parcel Number 513-152-006, under the same ownership. Parcel 513-152-006 is the site of a historic church and is a City of Palm Springs Class I Historic Site. The revision of Tentative Tract Map will allow bay parking on the west side of Cahuilla Road, that is consistent with the previously approved condominium project (PDD 288) to become part of tax lot 513-152-006, providing necessary parking for that site. Therefore, it is determined that the site for the intended use is adequate in size and shape to accommodate said use. d. The site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The proposed project will contribute to improvement of the existing street system that will serve the site, and with said improvements, the public street system will be adequate to carry the type and quantity of traffic to be generated by the ' proposed use. Resolution No.20932 ' Page 5 e. The conditions to be imposed are deemed necessary to protect the public health, safety and general welfare, of the existing neighborhood in which this project is situated. The conditions imposed are necessary to bring the project into compliance with applicable zoning, building, and other regulations to protect the public health, safety, and general welfare of the existing neighborhood in which this project is located. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council orders filing of an addendum to the Mitigated Negative Declaration and approves revised TTM 31887, subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this 19th day of May, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: Resolution 20932 Page 6 EXHIBIT A REVISED TENTATIVE TRACT MAP 31887 284 CAHUILLA ROAD JOHN WESSMAN CONDITIONS OF APPROVAL May 19, 2004 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, POLICE, BUILDING, AND FIRE 1. All conditions of approval associated with Tentative Tract Map 31887 and associated case 5.0977, PD — 288, shall remain as approved by Planning ' Commission and City Council at public hearing, November 26, 2003 and December 12, 2003, respectively. ENGINEERING The Engineering Division 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. The Engineering Division requirements for this project were initially stated in our memorandum to the Director of Planning and Zoning dated November 19, 2003, for Tentative Tract Map 31887. Said requirements shall remain in effect in addition to the following. STREETS 1. (Added) Engineering Division recommends deferral of off-site improvement items (*) 3 through 7 at this time until a change of use is approved by the City of Palm Springs for the existing building on Lot 9. The owner shall execute a street improvement covenant prior to issuance of a building permit for any structure proposed as part of TTM 31887. The covenant shall provide for the ' construction of all required street improvements at the northeast corner of Cahuilla Road and Baristo Road as defined on the future approved site plan for the Architectural Approval of the building to remain on Lot 9. All items Resolution 20932 Page 7 under this covenant shall be completed and accepted by the City Engineer prior to issuance of a certificate of occupancy for'said building. CAHUILLA ROAD 2. (Modified) Dedicate an easement for sidewalk purposed 5 feet wide and 3 feet off the face of curb along the back of the proposed bay parking, and 5 feet wide and immediately adjacent to the two outside ends of the bay parking connecting perpendicular to the public right-of-way, as required by the City Engineer. 3. *(Added) Construct a 6 inch curb and gutter 18 feet east of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. 4. *(Added) Construct 5 feet wide sidewalk adjacent to curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 5. *(Added) Remove the existing curb return, cross-gutter and spandrel and construct a 25 feet radius curb return with cross-gutter, and spandrel at the northeast corner of the intersection of Cahuilla Road and Baristo Road in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 6. *(Added) Construct a Type A curb ramp meeting current California State Accessibility standards at the northeast corner of the intersection of Cahuilla Road and Baristo Road in accordance with City of Palm Springs Standard Drawing No. 212. BARISTO ROAD 7. *(Added) Relocate existing ornamental/safety light pole, conduit, and appurtenances as needed to provide for the construction of the 25 feet radius curb return at the northeast corner of the intersection of Cahuilla Road and Baristo Road. MAP 8. (Added) Revise Tentative Tract Map 31887 to correctly depict existing City of Palm Springs right-of-way along the entire Cahuilla Road frontage north of Baristo Road. Also, depict the necessary 5 feet wide sidewalk easement around the proposed bay parking along the Cahuilla Road frontage. Resolution 20932 Page 8 v/ /Nr r� MAP � r W E t c � 0DoNNELL J GOLF CLUB TAHQUITZ CANYON WAY SI E ARENAS RD, a% O O o O O U z a o m a BARRISTO RD. RAMON RD. CITY OF PALM SPRINGS SE NO.: Revised QgSQRlPTION: A revised Tentative Tract Map TfM 31887 31887 to the previously approved tentative tract map AP(�LICAI�: in order to change a one lot condominium map to a John Wessman nine lot tract map allowing for the phasing of construction for financial purposes.