HomeMy WebLinkAbout20933 - RESOLUTIONS - 5/19/2004 RESOLUTION NO. 20933
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, REGARDING TRACT MAP 28610 - A REQUEST
FOR CLARIFICATION BY MATZNER&OLIPHANT,A CALIFORNIA
GENERAL PARTNERSHIP, FOR RELIEF FROM CONDITION OF
APPROVAL #24 AND 25, REQUIRING THE UNDERGROUND
RELOCATION OF ABOVE GROUND UTILITY LINES THAT ARE
LESS THAN 35KV, INCLUSIVE OF THE POWERLINE RUNNING
NORTH-SOUTH THROUGH THE EASTERN PORTION OF LOT
#20, AND THOSE LINES ON OR ADJACENT TO THIS PROJECT,
LOCATED ON THE NORTH SIDE OF TACHEVAH DRIVE,
BETWEEN AVENIDA CABALLEROS AND SUNRISE WAY, R-1-C
ZONE, SECTION 11.
WHEREAS, Matzner and Oliphant, a California General Partnership, (applicant) have requested
clarification of conditions related to TM 28610,for relief from conditions#24 and 25,which require
the underground relocation of above ground utility lines less than 35 kV, inclusive of the power line
running north-south through the eastern portion of lot#20 and those lines on or adjacent to this
project, located on the north side of Tachevah Drive, between Avenida Caballeros and Sunrise
Way, Zone R-1-C, Section 11; and
WHEREAS, said Tentative Tract Map was approved by the Planning Commission on July 8, 1998
and by the City Council on September 2, 1998; and
WHEREAS, at the July 8, 1998 Planning Commission meeting the under ground utility relocation
requirement was discussed and evaluated by the Planning Commission; and
WHEREAS, the underground relocation of utilities was limited to the frontage of the subdivision,
located along Tachevah Drive and existing north-south lines located on lot#20 and new service
to that tract itself; and
WHEREAS, notice of the public hearing, for clarification of the utility issue by of the Planning
Commission of the City of Palm Springs, was given in accordance with applicable law; and
WHEREAS, on February 11, 2004, a public hearing on this issue was held by the Planning
Commission in accordance with applicable law; and
'y WHEREAS, the Planning Commission 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,
l
and all written and oral testimony presented; and
WHEREAS, on February 11, 2004, the Planning Commission determined that the applicant
complied with the conditions #24 and 25, through the underground relocation of utilities on
Tachevah Drive; and
WHEREAS, on May 13, 2004, as partt of the Office of Neighborhood Involvement and Public ,
Participation(ONIPP),a noticed community meeting was conducted to inform the community about
the clarification of the conditions and to solicit public input; and
Resolution 20933
Page 2
WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to consider
clarification of Condition #24 and 25, was given in accordance with applicable law; and
WHEREAS, on May 19, 2004, a public hearing on the application on Condition #24 and 25, for
Tract Map 28610 was held by the City Council in accordance with applicable law; and
WHEREAS, the City Council 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; and
WHEREAS, the project is considered a "project' pursuant to the terms of the California
Environmental Quality Act ("CEQA"), and an Environmental Assessment has previously been
prepared for this project and has been distributed for public review and comment in accordance
with CEQA; and
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: That the undergrounding of utilities along the west, north and east property lines is
not required at this time, and that a covenant for future undergrounding of utilities
satisfies the original condition of approval.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, City Council hereby finds
that the applicant, has previously complied with Conditions#24 and 25, through the underground
relocation of above-ground utilities on Tachevah Drive, that the utility pole and above ground lines
on lot#17 will be undergrounded during construction of residences on lots#17, 18 and 19, and that
the applicant and future property owners will be required to enter into a covenant with the City of
Palm Springs, to not protest any assessment district should one be proposed for the future, for
future underground relocation and installation of the existing above ground utility lines, located to
the north and west of TM 28610.
ADOPTED this 19th day of May, 2004.
AYES: Members McCulloch, Mills, and Mayor Oden
NOES: Members Foat and Pougnet
ABSENT: None
L ST: CITY OF PALM SPRINGS
��zr-
C:i y lerk City Manager
C
Reviewed and Approved as to Form: ��'V�
Resolution 20933.
Page 3
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TENTATIVE TRACT MAP NO. 28610nnNmTIgPoS BY M1DOVF Rt)rl'�
North side Tachevah Drive between Ave. Caballeros & Sunrise
Way
September 2, 1998
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed
below shall' be completed to 'the satisfaction of the City i
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.
ENGINEERING:
.STREETS
1. Any improvements within the street right-of-way '
--,require a City of Palm Springs Encroachment Permit.
Work shall be allowed according to Resolution 17950 -
y Restricting Street Work, on Major and Secondary
Thoroughfares. '
2. Submit street 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, IF li
applicable:
A. Copy of signed Conditions of Approval from
Planning Department.
DStreet Vacation plat and all applicable 1i
agreements and improvement plans approved by
City Engineer, IF applicable.
C. Proof of processing dedications of right-of-way,
easements, ,encroachment agreements/licences,
covenants, reimbursement agreements, etc.
required by„these conditions.
/ouy
Resolution 20933
Page $
TACREM
DRIVE
' 3. Dedicate a half street right-of-way of 44 feet alongI
the entire frontage of the subject property (AP# 507-
110-009) . However, if at such time that General Plan
Amendment 5.0782 is approved by the City Council, the
required dedication for this property shall be
reduced to a 30 foot half street width.
4. Construct a 6 inch curb and gutter, 32 feet NORTH of
centerline along the entire frontage, with 35 foot
radius curb returns at the PRIVATE STREETS corners of
the- subject property and the Northwest corner of
TACBEVAH DRIVE and CALLE ROLPH per City of Palm
Springs Standard Drawing No. 200, However, if at li
such time that General Plan Amendment 5.0782 is
approved by the City Council, the required curb and
gutter shall be constructed at 20 feet NORTH of
centerline along the entire frontage.
5. ' -Construct the WEST half of a 6 foot cross gutter and
spandrel at the intersection of TACHEVAH DRIVE and
CALLE ROLPH with a flow line parallel to the
centerline of TACHEVAH DRIVE on accordance with City
of Palm Springs Standard Drawing Nov. 200 and,,206.
6. The driveway approaches shall be onto the cul-de-
sacs. Lots 17 and 18 shall access the 30 foot, wide
strip portion of Lot 17 and Lots 19 and 20 shall
access the 20 foot wide strip portion of Lot 19. The
driveway approach for Lot 17 and 19 at Tachevah Drive
shall be constructed in accordance with City of Palm
Springs Standard Drawing No. 201 and have minimum
widths of 10 feet. -
7. 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.
8. Construct curb ramps meeting current California State
Accessibility standards at BOTH" SIDES OF PRIVATE
STREETS AND AT THE WESTERN TERMINUS OF THE
SUBDIVISION per City of Palm Springs Std, Dwg. Nos.
212 and 212A.
9. 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 95t 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 330. The
pavement section,rshall be designed,, using "k' galues,
Resolution• 20933
Page 5 ,
by a licensed Soils Engineer and submitted to the
City Engineer for approval.
PRIVAT&SMEST
$
1o. Construct a 6 inch concrete wedge curb, 13 feet BOTH
SIDES of centerline along the entire frontage of the
subject property per City of Palm Springs Standard.
Drawing No. 200.
11. All on-site cul-de-sacs shall be constructed in
accordance with City of Palm Springs Standard Drawing
No. 101, curb portion only.
12. The minimum pavement section for all on-site
streets/parking areas shall be 2-1/2 inch asphalt
concrete pavement over 4-inch aggregate base with a
minimum subgrade of 24 inches at 95o relative
'"- compaction, OR"equal._'The pavement section shall"be _
designed, using "R° values, determined by a licensed
Soils Engineer and submitted with the Fine Grading
Plan to the City Engineer for approval.
SANITARY SEWER
13. Connect all sanitary facilities to the City sewer
system. Laterals shall not be connected at manhole.
Laterals in Private Streets shall be maintained by '
the HOA. Lots on each cul-de-sac shall connect to
main lateral which shall have a wye connection into
- the existing sewer main. Lot 18 shall connect to main
lateral for Lot 17 and Lot 20 shall connect to main
lateral for Lot 19.
GRADING
14. A copy of a Title Report prepared/updated within the
past 3 months and copies of record documents shall .be
• - -submitted to the City Engineer with the first
submittal of the Grading Plan.
15. Submit a Grading Plan prepared by a Registered
Professional to the Engineering Division for plan
check, Grading plan shall be submitted to the
Planning Department for comments prior to submittal
to the Engineering Division. The Grading Plan shall
be approved by the City Engineer prior to issuance of
any grading or building permits.
Minimum submittal includes the following:
A. Copy of final Planning Department comments.
Resolution, 20933 .
Page 6
B. copy of signed Conditions of Approval from
' Planning Department.
C. ' Copy of Site Plan 'stamped approved and signed by
the Planning Department.
_ D. _ Copy of, Title Report prepared/updated within
past 3 months. '
E. Copy of Soils Report, IF required by these
conditions.
F. copy of the General Construction Activity Storm
Water Permit from the State Water Resources
Control Board (Phone No. 916 657-0687) to the
City Engineer prior to issuance of the grading
permit.
1-6. Drainage swales shall be provided adjacent to all
ciirbs* and sidewalks - 3 t wide and '6" deep - to keep -
nuisance water from entering the public streets,
roadways, or gutters.
17. Developer shall obtain a General Construction
Activity Storm Water Permit from the * State Water
Resources Control Board (Phone No. (916) -657-0687)
and provide a copy of same, when executed, to the
City Engineer prior to issuance of the grading
permit.
18. In accordance with City of Palm Springs Municipal
Code, Section 8.50.00, the developer shall post with
the City a cash bond of two thousand dollars
($2,000.00) per acre for mitigation measures of
erosion/blowsand relating to his property and
development.
19. A soils report prepared by a licensed Soils Engineer
shall be required for and incorporated as an integral
part, of the grading plan for the proposed site. A
copy of the soils report shall be submitted to the
Building Department and to the Engineering Division
along with plans, calculations and other information
subject to approval by the City Engineer prior to the
- issuance of the grading permit.
20. Contact the Building Department to get PM10
requirements prior to request for grading permit.
DRAINAGE
i
- 21: The developer shall accept all flown -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
Resolution 20933
Page 7
unable to handle the increased flows generated by the
development of the site. Provide calculations to '
determine 'if the developed Q exceeds the capacity of
the approved drainage carriers.
An underground conduit shall be constructed to carry
water' within Ithe drainage easement on .the east side
of Lot 20.
22. The -project is subject to flood control and drainage
implementation fees. The acreage drainage fee at the
present time is $9,212.00 per acre per Resolution No.
15189. Fees shall be paid prior to issuance of a
building permit.
GENERAL
23, 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.
24. All existing and proposed utility lines that are less
than 35 kV (inclusive of the power line running
north/south through the eastern section of Lot 20)
on/or adjacent to this project shall be '
undergrounded. The location and size of the existing
overhead facilities shall be provided to the
Engineering Division 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.
25. All proposed utility lines on/or adjacent to this
project shall be undergrounded prior to issuance of a
Certificate of occupancy.
26. The developer is advised to contact all utility
purveyors for detailed requirements for this project
at the earliest possible date.
27. Nothing shall be constructed or planted in the corner
cut-off area of any driveway which does or will
exceed the height required to maintain an appropriate
sight distance per City of Palm Springs Standard
Drawing No. 203.
I
28. All proposed trees within the public right-of-way and
within 10 feet ,Tbf the public sidewalk 'and/or curb
Resolution 20933 .
Page 8
shall have City approved deep root barriers installed
per City of Palm Springs Engineering specifications.
29. 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 or Final Map to the Engineering
Division for review and approval with the Grant Deed.
30. 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.
31. The existing lots or parcels shall be divided.
Reciprocal access and utility easements shall be
granted on the Final Map. The developer shall submit
a tract map prepared by either a Registered Civil
Engineer or a Licensed Land Surveyor to the
Engineering Division. This condition shall be
complied with before issuance of grading or building
permits.
TRAFFIC
' 32. Per the traffic study done by Endo Engineering dated
May 1, 1998, a definitive recommendation (General
Plan Amendment) shall be made regarding the TACHEVAH
DRIVE designation/classification and limits.
33. 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 pX shall be responsible
for the relocation of all existing traffic
signal/safety light poles, conduit, pull boxes and
all appurtenances located on the TACHEVAH DRIVE
frontage of the subject property.
34. A 30 inch "STOP" sign and standard "STOP BAR" and
"STOP LEGEND" shall be installed per City of Palm
Springs Standard Drawing Nos. 620-626 at the '
following locations:
ALL PRIVATE STREETS @ TACHEVAH DRIVE
35. Construction signing, lighting and barricading shall
be provided for Lyon all projects as required by City
Standards or as directed by the City Engineer. As a
MAR
Resolution 20933 „
Page 9
minimum, all construction signing, lighting and
barricading shall be in accordance with State of
California, Department of Transportation, "MANUAL OF
TRAFFIC CONTROLS FOR CONS TRIXTION AND MAINTENANCE
WORK ZONES" dated 1990, or subsequent additions in �
force at the time of construction.
36. This property is subject to the Transportation
Uniform Mitigation Fee based on the RESIDENTIAL,
SINGLE FAMILY DETACHED ITE Code B land use. li
PLANNING:
37. Approval of Tentative Tract Map No:* 28610 is granted
subject to approval of General Plan Amendment No.
5.0782. If General Plan Amendment No. 5.0782 is not
approved, then an Administrative Minor Modification
application will be required to be reviewed and
approved by the Director of Planning and Building per
Section 9406.01 of the Zoning ordinance for the
reduced lot depths of lots 1, 4, 5, 8 and 9 prior to
approval of the Final Map.
38. Future development on 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.
3-8a. 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 Case TTM 28610.
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
fundr to pay for defense of the matter by the City
Attorney. If the City of Palm Springs fails to
prompLly 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
164#36
ResolUtiAn •20933
Page 10
judgment or' failure to appeal, shall not cause a
' . � waiver of the indemnification rights herein.
39. 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
cashier's check payable to Riverside County. I
40. individual driveways shall' not be- permitted - -on
- Tachevah Drive. Shared driveways shall have on-site'
turn around capabilities, to the satisfaction of the
Director of Planning and Building. This shall be
noted in the C, C & R's. (This condition does not
apply to lots 17-20) .
41. The C, C, & R's shall specify proposed methods of
maintenance for the proposed private streets and
common landscaped areas, to the satisfaction of the
Director of Planning and Building.
42. The final design of the private cul-de-sac streets
shall be reviewed by the Director of Planning and
Building and the City Engineer prior to approval of
the Final Map. A rolled curb shall be used to
identify the cul-de-sacs as private streets.
- sidewalks shall not be required on the private cul-
de-sac streets. Any future plans to provide gated
access to the private cul-de-sac streets or the
shared driveways shall be reviewed by the Director of
.Planning and Building and the Fire pepartment prior
to installation of the gates.
43. Minimum building setbacks for future development
within the subdivision shall be identified in the C,
C and R's, as follows:
a. Private Streets - 20 feet (from face of curb) ;
b. Tachevah Drive - 25 feet (from property line) ;
c. Interior side yard - 10 feet; and
d. Rear yard - 15 feet.
All other applicable development criteria from
Section 9201.00 of the Zoning Ordinance (for the R-1-
C zone) shall apply to the future development of this ,
subdivision.
,c
Resolution 20933
Page 11
44. 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 prior to Planning ail
Commission consideration of the environmental
assessment.
45. Final landscaping, irrigation, exterior lighting, and
, fencing plane shall be submitted for I approval by the
Department of Planning. and Building. .prior to issuance
of a building permit. Landscape, plans shall be
approved by the Riverside County Agricultural
Commissioner's Office prior to submittal.
46. The project is subject to the City of Palm Springs
Water Efficient Landscape ordinance. The applicant
shall submit an application for Final Landscape
Document Package to the Director of Planning and
Building for review and approval prior to the
issuance of a building permit. Refer to Chapter 8.60
of the Municipal Code for specific requirements.
47. 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.
48` 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. - -
49. Drainage swales .shall be provided adjacent to all
curbs and sidewalks - 3' wide and 6" deep. The
irrigation system shall be field tested prior to
final approval of the project. Section 14.24.020 of
the Municipal Code prohibits nuisance water from
entering the public streets, roadways or gutters.
50. The applicant prior to issuance of final map approval
shall submit a draft declaration of covenants,
conditions and restrictions ("CC&R's") to the
Director of Planning and Building *for 'approval in a
form to be approved by the City Attorney, to be
recorded prior to issuance of occupancy permits. The
CC&R's shall include specifications for the material,
location and height of perimeter walls, street side
landscape and private street maintenance, private
street lighting (if any) and any parking
restrictions. The CC&R's shall not be amended without
City approval, . shall be enforceable by the City,
shall require maintenance of all property in. a good
condition and in,iaccordance with all ordinances, with '
lien rights.
1n�3a`'
Resolution 20933
Page 12
The applicant shall submit to the 'City of Palm
' springs, a deposit in the amount determined by the
City Manager, for the review of the CC&R's by the
City Attorney.
51. Any future roof mounted mechanical equipment shall be
screened from all possible vantage points both,.
existing and future per Section 9303-.00 of the Zoning
Ordinance. The screening shall be considered as anI
element of the overall design and must blend with the
architectural design of the building(s) . The
exterior elevations and roof plans of the buildings
shall indicate any fixtures or equipment to be
located on the roof of the building, the equipment
heights, and type of screening. Parapets shall be at
I
least 6" above the equipment for the purpose of
screening.
52. Perimeter walls shall be designed, installed and
maintained in compliance with the comer cutback
requirements as required in Section 9302.00.D.
53. 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 feeing being
1/2% for commercial projects or 1/4o 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 art work and
protect the public rights of access and viewing.
54. It shall be noted in the C, C & R's that trash cans
shall be screened from view and kept within fifty(50)
feet of the street.
POLICE DEPARTMENT:
55, Developer shall comply with Section II of Chapter
8.04 of the Palm Springs Municipal Code.
BUILDING DEPARTMENT:
56. Prior to any construction on-site, all appropriate
' permits must be secured.
I
0 �33
. Resolution 20933 n
Page 73 . a
FIRE DEPARTMENT:
'
51. The-private cul-de-sac ,street•s -shall be designed with
a minimum turning radius of 40 feet', the standard " •�
typically used for hillside development. .i
58. Residential fire hydrants are to be within 250 feet
of all construction. Fire flow shall be based upon
type 5 construction ,and spare ifootage 'of structures
no exceeding 3,600 square feet. , '
OA3Y
Resolution .20933
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