HomeMy WebLinkAbout21124 - RESOLUTIONS - 11/3/2004 RESOLUTION NO: 21124
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS CALIFORNIA, APPROVING TENTATIVE TRACT MAP
31905, FOR AN EIGHTY-SIX UNIT TIMESHARE PROJECT
LOCATED AT 190 CALLE ENCILIA SOUTH, ZONE R4-VP-IL,
SECTION 14.
WHEREAS, Palm Springs Marquis, LLC; (the Applicant) has filed an application with the City
pursuant to Palm Springs Municipal Code Section 9,60 for a Tentative Tract Map for an eighty-
six unit timeshare project located at 190 Calle Encilia South, Zone R4-VP-IL Section 14; and
WHEREAS, the Applicant has filed Tentative Tract Map 31905 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 31905, was given in accordance with applicable law; and
WHEREAS, on September 22, 2004, a public hearing on the application for Tentative Tract
Map 31905 was held by the Planning Commission in accordance with applicable law; and
WHEREAS, on September 22, 2004, at a public hearing on the application for Tentative Tract
Map 31905, the Planning Commission voted to recommend that the City Council approve said
project; and
WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to
consider Tentative Tract Map 31905, was given in accordance with applicable law', and
WHEREAS,,on October 20; 2004, a public hearing on the application for Tentative Tract Map
31905 was held by the City Council in accordance with applicable law; and
WHEREAS, pursuant to Government Code Section 66412.3,.the City Council has considered
the effect of the proposed subdivision, Tentative Tract Map 31905, 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 Citys obligation pursuant to its police power to protect the public health,
safety, and welfare; and
WHEREAS, the proposed subdivision, Tentative Tract Map 31,905,,is Categorically Exempt from
further environmental review pursuant to Sections 15332 (In-fill Development) and 15315 (Minor
Land Divisions) of the California Environmental Quality Act (CEQA); and
Resolution 21124
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 this project is Categorically Exempt
from the California Environmental Quality Act pursuant to Sections 15332 (In-fill
Development)and 15315 (Minor Land Divisions)
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 Tentative Tract Map is consistent with applicable general and
specific plans.
The General Plan designation for the project site is High-Density Residential
H43/30 (threshold density of 30 and a maximum of 43 dwelling units per acre).
The High Density Residential designation provides for the development of hotels
and high-density apartments, generally near the city's central core, convenient to
the major attractions of the community accessible to the airports and highways,
making it convenient and attractive to visitors.
2. The design of improvement of the proposed subdivision is consistent with the
General Plan and any applicable Specific Plan.
r
Pursuant to Government.Code Section 66473.15 the Planning Commission finds
that the proposed subdivision and the provisions for its design and improvement
are compatible with the objectives, polices, and general land used and program
provided in the City's General Plan. All street, drainage, and utilities
improvements are subject to the standards of the General Plan and'Conditions of
Approval associated with TTM 31905.
3. The site is physically suitable for the type; and density of development
contemplated by the proposed subdivision.
Resolution 21124
Page 3
The High-Density Residential H43/30 land use designation establishes a
threshold density of 30 units and a maximum of 43 dwelling units per acre.
However, in compliance with the General Plan Land Use Element page, 1-26
chart entitled Land Use Density/Intensity on Indian Land a maximum of 86 units
per acre is allowed within the High-Density Residential H43/30 designation.
The proposed project is located within the R-4-V-P zone, (Vehicle Parking and
Large Scale Hotel and Multiple Family Residential Zone). Code Section,92.05.03
establishes the property development standards for this zone. The minimum
standard for lot area is 2 (gross) acres. The site is substandard in overall lot
area. However code Section 94.06.01, Minor Modifications authorizes the
Planning Director or Planning Commission, when it has been determined to be in
the public interest, to administratively approve slight modifications in the
provisions of the Zoning Code including a reduction of lot area or lot dimensions
by not more than 10%. Therefore, the reduced lot size is included as part of the
recommendation for project approval.
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.
As an in-fill development the design of the proposed subdivision and
improvements are not likely to cause substantial environmental damage or
substantially and unavoidable 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 site has frontage on three collector streets. The north 20' of the Arenas Road,right-
of-way has been approved for vacation. A Variance was previously approved for a
special street section, which would provide for a 20' reduction in the street right-of-way,
from 80' to 60'. Within this right-of-way, the project would include an 8' sidewalk, one 12'
travel lane in each direction, and diagonal parking on the north side.
Page 4 ,
On Arenas Road, the existing street rights-of-way adjacent to the property were
originally granted as an easement from Desert Developers, Inc. in 1965 and dedicated to
the City. A new grant of easement will be provided for the additional 20 feet of right-of-
way granted by the two previous documents through the Bureau of Indian Affairs, prior to
the approval of street improvement plans.
On Calle Encilia a 30' wide driveway approach will be constructed. The centerline of
the driveway, approach will be located approximately 150' north of the centerline of
Arenas Road. An 8' wide sidewalk will be constructed behind the curb along the entire
frontage.
On Calle El Segundo a 30' wide driveway will be constructed with the centerline located
approximately 150' north of the centerline of Arenas road. An 8' wide sidewalk will be
constructed behind the curb along the entire frontage.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council
hereby approves Tentative Tract Map 31905, 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 3rd day of November, 2004.
AYES: Members Foat, McCulloch, Mills, Pougne't and Mayor Oden
NOES: None
ABSENT: None
ABSTENTIONS: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Ci Clerk City Manager \ r"
Reviewed and Approved as to Form:
WORDPERFECT H9USERS\PIAMPalm Springs MorquislTTM 31905 CC Reso .
Page 5
EXHIBIT A
TENTATIVE TRACT MAP 31905
PALM SPRINGS MARQUIS, LLC
180 CALLE ENCILIA SOUTH
R4-VP-IL ZONE, SECTION 14.
FINAL CONDITIONS OF APPROVAL
APPROVED: NOVEMBER 3, 2004
EXPIRES: NOVEMBER 2, 2006
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 project is subject to Section 93.15.00 of the Zoning Ordinance, the
time share ordinance for the purposes of this section, a "time-share project" is one
in which time-share rights or entitlement to use or occupy any real property or
portion thereof has been divided as defined in Section 3.24.020(7) of the Palm
Springs Municipal Code into twelve (12) or more time periods of such rights or
entitlement.
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 5.0975-CUP. 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 judgment or failure to appeal, shall not
Resolution 21124
Page 6
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 curb and property 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. Pursuant to Fish and Game Code Section 711.4 a filing fee of $64.00 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.
5. As the property is Indian trust land, fees as required by the Agua Caliente
Band of Cahuilla Indians Tribal Council shall be paid prior to consideration of this
project by the Planning Commission.
6. This project shall be subject to requirements for annual payments of a
financial impact mitigation fee.
Prior to the recordation of the final map, the developer shall enter into a
Development Agreement with the City of Palm Springs whereby the developer
shall agree to assess a Financial Impact Mitigation Fee of$28.50 per interval to
each unit.
CC&R's
7. The applicant prior to issuance of building permits shall submit a draft
declaration of covenants, conditions and restrictions ("CC&R's") to the Director of
Planning Services for approval in a form to be approved by the City Attorney, to
be recorded prior to approval of a final map. The CC&R's shall be enforceable
by the City, shall not be amended without City approval, and shall require
maintenance of all property in a good condition and in accordance with all
ordinances.
8. The applicant shall submit to the City of Palm Springs, a deposit in the
amount of $2000, for the review of the CC&R's by the City Attorney. A $250 filing
fee shall also be paid to the City Planning Department for administrative review
purposes.
9. The CCR's shall have a disclosure statement regarding the location of the
project relative to roadway noise, City special events, roadway closures for ,
special events and other activities which may occur in the Central Business
Resolution 21124
Page 7
' District, and on Arenas Road. Said disclosure shall inform perspective buyers
about traffic, noise and other activities which may occur in this area.
10. The required CC&R's for the project shall include a provision that day use
of on-site pool and recreation areas by timeshare owners and other individuals
not currently staying at the facility shall be prohibited.
Cultural Resources
11. Prior to any ground disturbing activity, including clearing and grubbing,
installation of utilities, and/or any construction related excavation, an
Archaeologist qualified according to the Secretary of the Interior's Standards and
Guidelines, shall be employed to survey the area for the presence of cultural
resources identifiable on the ground surface.
12. Given that portions of the project area are within Section 14, the
possibility of buried resources is increased. A Native American Monitor shall be
present during all ground-disturbing activities.
a). Experience has shown that there is always a possibility of buried
cultural resources in a project area. Given that, a Native American
Monitor(s) shall be present during all ground disturbing activities including
clearing and grubbing, excavation, burial of utilities, planting of rooted
plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural
Office for additional information on the use and availability of Cultural
Resource Monitors. Should buried cultural deposits be encountered, the
Monitor shall contact the Director of Planning and Zoning and after the
consultation the Director shall have the authority to halt destructive
construction and shall notify a Qualified Archaeologist to investigate and,
if necessary, the Qualified Archaeologist shall prepare a treatment plan
for submission to the State Historic Preservation Officer and Agua
Caliente Cultural Resource Coordinator for approval.
b). Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record
search results and site records/updates shall be forwarded to the Tribal
Planning, Building, and Engineering Department and one copy to the City
Planning Services Department prior to final inspection.
GENERAL CONDITIONS/CODE REQUIREMENTS
13. 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.
14. The project is subject to Section 93.15.00 of the City's Zoning Ordinance and all
provisions of the Palm Springs Municipal Code regarding time share uses for the
life of the project.
Resolution 21124
Page 8
15. No time-share units shall be offered for sale or sold until there is a valid final ,
subdivision public report for the sale of such timeshare rights or entitlement
issued by the Department of Real Estate of the State of California. A copy of the
final public report shall be provided to the City by the applicant.
16. Prior to issuance of building permits, the applicant shall provide a detailed time-
share management program, including, but not limited to all methods to
guarantee adequacy, stability, and continuity of a first class level of management
(including sales/marketing) and maintenance of the time-share component of the
project. The detailed program shall be submitted to and approved by the Director
of Planning Services,
POLICE DEPARTMENT
17. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs
Municipal Code.
BUILDING DEPARTMENT
18. Prior to any construction on-site, all appropriate permits must be secured.
FIRE
19. Reserve the right to comment upon the project during plan check process.
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.
STREETS
20. 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 building permits.
21. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
MAP
22. A Final Map shall be prepared by a California Registered Land Surveyor or
qualified Civil Engineer for review and approval. A title report prepared for
subdivision guarantee for the subject property, the traverse closures for the
existing parcel and all lots created there from, 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.
23. The Title Report prepared for subdivision guarantee for the subject property, the
traverse closures for the existing parcel and all lots created there from, and
copies of record documents shall be submitted with the Final Map to the
Engineering Division.
Resolution 21124
10
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CITY OF PALM SPRINGS
CASE NO.: TTM 31905 DESCRIPTION: A CONDOMINIUM MAP
SUBDIWIDING A 1 .96 ACRE SITE INTO
APPLICANT: PALM SPRINGS MARQUIS, ONE LOT FOR AN 86 UNIT TIMESHARE
LLC PROJECT FOR PROPERTY LOCAT�
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