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HomeMy WebLinkAbout21084 - RESOLUTIONS - 9/1/2004 ' RESOLUTION NO. 21084 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 31422, FOR THE SUBDIVISION OF 2.5 ACRES OF LAND INTO FIVE LOTS. LOCATED AT 2630 ANZA TRAIL, ZONE R-1-B, SECTION 25. WHEREAS, David and Trudy Johnston (the "Applicants") have filed an application with the City pursuant the Palm Springs Municipal Code Section 9.60 for a Tentative Tract Map to subdivide 2.5 acres of land into five lots located at 2630 Anza Trail, Zone R-1-B, Section 25; and WHEREAS, the Applicant has filed Tentative Tract Map 31422 with the City and has paid the required filing fees; and WHEREAS, said 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 Planning Commission of the City of Palm Springs to consider Tentative Tract Map 31422, was given in accordance with applicable law; and WHEREAS, on August 11, 2004, a public hearing on the application for Tentative Tract Map 31422 was held by the Planning Commission in accordance with applicable law; and WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to consider Tentative Tract Map 31422, was given in accordance with applicable law; and WHEREAS, on September 1, 2004, a public hearing on the application for Tentative Tract Map 31422 was held by the City Council in accordance with applicable law; and WHEREAS, the proposed subdivision, Tentative Tract Map 31422, 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 15305 (Minor Alterations in Land Use Limitations). 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, and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that, Tentative Tract Map 31422 is categorically exempt from environmental assessment per Section Resolution 21084 Page 2 15305 (Minor Alterations in Land Use Limitations) of the California ' Environmental Quality Act (CEQA). 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 the Palm Springs Municipal Code Section 9.60, the City Council finds that with the incorporation of those conditions attached in Exhibit A: a. The use applied for at the location set forth in the application is proper for which an subdivision is authorized by the City's Zoning Ordinance and General Plan. The proposed Tentative Tract Map application to subdivide approximately 2.5 acres into five lots is in harmony with the various elements and objectives of the City of Palm Springs General Plan and is not detrimental to the existing uses specifically permitted in the zone in which the proposed use is to be located. b. The site 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 proposed subdivision is approximately 2.5 acres of land. The proposed subdivision will create five lots of approximately 16,600 square feet each. The proposed subdivision will create five lots that will be adequate in size and shape to permit future land uses. C. That 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. Access will be from Anza Trail and Morongo Trail, an existing point of entry and exit. The private road would be privately maintained as well as the landscaped areas around the development. d. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety, and general welfare. The proposed subdivision is consistent with good development practices and would be beneficial to development in the vicinity. Resolution 21084 Page 3 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Tentative Tract Map 31422, 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 1s'day of September, 2004. AYES: Members Feat, McCulloch, Pougnet and Mayor Oden NOES: None ABSENT: Member Mills ABSTENTIONS: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager ' Reviewed and Approved as to Form: N^ �QpLM SA Department of Planning and Zoning W E V N c'4<i Fpo RN`P. Vicinity Map S MORONGO TR z J U) Cn W U z 0 a U) z o 0 o a 0- m ANZA TR CITY OF PALM SPRINGS CASE NO.: TfM 31422 DESCRIPTION: Application by David and APPLICANT: David and Trudy Johnston Trudy Johnston to subdivide approximately 2.5 acres into 5 lots located at 2630 Anza Trail. R-1-13 Zone. Section 25. Resolution 21084 Page 5 EXHIBIT A Tentative Tract Map 31422 CONDITIONS OF APPROVAL 2630 Anza Trail August 11, 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 Services, 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, PROJECT SPECIFIC CONDITIONS ADMINISTRATIVE: 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 legislative body, advisory agencies, or administrative officers concerning Case TTM 31422. 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. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the Resolution 21084 Page 6 curb and properly 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. 4. 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 fee being 1/2% for commercial projects or 1/4% 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 Zoning 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. 5. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication , requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. (Projects received after September 12, 2003). 6. The Project will bring additional residents to the community that will contribute to the cumulative impact on the City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services which are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government C. Section 53311 et seq, or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. 7. Prior to approval of a Final Map, an Administrative Minor Modification, which will ask for relief in the required lot width dimension for Lot 1 and Lot 5, shall be obtained. If the subdivision Is reduced to four lots instead of five lots, then an Administrative Minor Modification will not be needed. Resolution 21084 Page 7 8. Tentative Tract Map approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 9. The appeal period for a Tentative Tract Map application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 10. Gates shall be allowed to be constructed at the entrance to, or any point on, the proposed access road, as long as there is a pedestrian access and fire and safety access. POLICE DEPARTMENT: 11. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. FIRE DEPARTMENT: 12. None ENGINEERING: 13. 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. 14. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS: 15. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 16. 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. ANZA TRAIL: 17. Dedicate an additional 10 feet to provide the ultimate half street right-of-way width of 25 feet along the entire frontage. 18. Dedicate an easement 2 feet wide along the back of the driveway approach for sidewalk purposes. Resolution 21084 Page 8 19. Construct a 6 inch curb and gutter, 18 feet north of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. 20. Construct a 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. 21. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 22. Remove and replace existing pavement with a minimum pavement section of 2- 1/2 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline of pavement along the entire Anza Trail frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 300. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. MORONGO TRAIL: 23, Construct a 6 inch curb and gutter, 20 feet south of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. 24. Construct a 24 feet wide driveway approach in accordance with City of Palm ' Springs Standard Drawing No. 201. 25. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 26. 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 95% relative compaction, or equal, from edge of proposed gutter to centerline of pavement along the entire Morongo Trail frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ON-SITE PRIVATE STREET: 27. Dedicate an easement 24 feet wide extending from back of curb to back of curb to the City of Palm Springs for ingress and egress of service and emergency vehicles and personnel, over the private street. 28. Construct a 6 inch curb and gutter, or wedge curb meeting City Engineer approval, 12 feet on both sides of centerline along the entire frontage, unless ' Resolution 21084 Page 9 otherwise approved by the City Engineer. Provisions for conveyance of on-site stormwater runoff shall be provided within the on-site private street. 29. The minimum pavement section for all on-site pavement shall be 2-1/2 inch asphalt concrete pavement over 4-inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 30. Parking shall be restricted along the on-site private street, as necessary to maintain a 24 feet wide clear travel way. Regulatory Type R26 "No Parking" signs or red curb shall be installed along the entire frontage. A Home Owners Association shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Codes, Covenants and Restrictions required for the development. 31. The on-site private street shall not be gated at Morongo Trail or Anza Trail. A specific provision shall be included in the Codes, Covenants and Restrictions (CC&R's) for the Homeowners Association prohibiting the future installation of entry gates into this development. 32, DELETED: If the on-site private street is gated between Lots 2 and 3, the gate shall be locked with a knox box and access shall be provided to the Fire Department. SANITARY SEWER: 33. Connect all future sanitary facilities to the City sewer system. Laterals shall not be connected at sewer manholes. 34. Construct an 8 inch sewer main within the on-site private street as necessary to provide sewer service to Lots 2, 3 and 4, and connect to the public sewer main in Morongo Trail in accordance with City of Palm Springs Standard Drawing No. 405. Sewer service to Lots 1 and 5 may be provided by using the existing sewer lateral connection to the existing sewer main within Morongo Trail and Anza Trail. If existing sewer laterals can not be used, the existing laterals shall be removed. 35. All on-site sewer systems shall be privately maintained by a Homeowners Association. Provisions for maintenance of the on-site sewer system shall be included in Codes, Covenants and Restrictions (CC&R's) for this project, and shall be provided to the City Engineer for review and approval prior to approval of the final map. GRADING: Resolution 21084 Page 10 36, Submit a Grading Plan prepared by a California registered Civil Engineer to the Engineering Division for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of a grading permit. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Building Department for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Building Department with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact Elio Torrealba at AQMI-1 at (909) 396-3752, or at etorrealba@AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Building Department prior to approval of the Grading plan. The first submittal of the Grading Plan shall include the following information: Copy of signed Conditions of Approval stamped by the Planning Department; Copy of Site Plan stamped approved and signed by the Planning Department; Copy of current Title Report; Copy of Soils Report; and a copy of the ,associated Hydrology Study/Report. 37. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 38. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760- 346-7491) is required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to approval of the Grading Plan. 39. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), a cash bond equal to two thousand dollars ($2,000.00) per acre shall be posted with the City of Palm Springs for mitigation measures of erosion/blowsand that may occur during grading and development of the property. 40. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. The demolition of the existing structures and foundation shall be discussed in the soils report. A copy of the soils report shall be submitted Resolution 21084 Page 11 to the Building Department and to the Engineering Division prior to approval of the Grading Plan. 41. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE: 42. All stormwater runoff passing through and falling onto the site shall be accepted and conveyed to an approved drainage system (if available). On-site retention/detention or other facilities approved by the City Engineer shall be required if an off-site drainage system is unavailable or cannot contain the increased stormwater runoff generated by the development of the site. Provide a hydrology study to determine if the increased stormwater runoff due to development of the site exceeds the capacity of offsite drainage system (if any exists), and to determine required stormwater runoff mitigation measures for this project. Final detention/retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configurations consistent with the findings of the final hydrology study. 43. Provisions for the interception of nuisance water from entering Anza Trail or Morongo Trail from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. 44. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $7,271 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL: 45. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. 46. All proposed utility lines shall be installed underground. Resolution 21084 Page 12 47. 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. 48. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as- built" information and returned to the Engineering Division prior to issuance of a certificate of occupancy. Any modifications or changes to approved grading plan shall be submitted to the City Engineer for approval prior to construction. 49, In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. A detailed plan approved by the owner(s) of the affected utilities depicting all above ground facilities in the area of the project to be undergrounded shall be submitted to the Engineering Division prior to approval of any grading plan. The existing overhead utilities across portions of the east and west property lines, as well as the overhead utilities running east-west across the center of Lot 3 meet the requirement to be installed underground. The developer is advised to investigate the nature of these utilities, the availability of undergrounding these ' utilities with respect to adjacent and off-site properties, and to present its case for a waiver of the Municipal Code requirement, if appropriate, to the Planning Commission and/or City Council as part of its review and approval of this project. If utility undergrounding is deferred in accordance with specific direction by the Planning Commission and/or City Council, the record property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee of $135 shall be paid by the developer prior to issuance of any grading or building permits. 50. Nothing shall be constructed or planted in the public right-of-way which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 51. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. MAP: Resolution 21084 Page 13 ' 52. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcels and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 53. Abandonment of record easements across the property shall be performed in conjunction with or prior to approval of a final map. The various record easements shall be extinguished, quit-claimed, relocated or abandoned to facilitate development of the subject property. Without evidence of the abandonment of these easements, Lot 3 encumbered by these existing record easements are rendered unbuildable, until such time as these easements are removed of record and are not an encumbrance to the affected lots, and a copy of the recorded document removing the encumbrance is provided to the City Engineer. TRAFFIC: 54. Minimum of 48 inches of sidewalk clearance shall be provided around all above- ground facilities for handicap accessibility. The developer shall provide same ' through dedication of easement and/or widening of the sidewalk or shall be responsible for the relocation of all existing impediments located on the Anza Trail and Morongo Trail frontages of the subject property. 55. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones" dated 1996, or subsequent additions in force at the time of construction. 56. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit.