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HomeMy WebLinkAbout21148 - RESOLUTIONS - 11/17/2004 RESOLUTION NO. 21148 ' OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AMENDMENT TO THE PRELIMINARY PLANNED DEVELOPMENT DISTRICT TO SUBSTITUTE CONDOMINIUMS FOR PREVIOUSLY APPROVED RENTAL UNITS, AND TENTATIVE TRACT MAP 32942, SUBDIVIDING 8.3 ACRES INTO ONE LOT FOR CONDOMINIUM PURPOSES, FOR THE CONSTRUCTION OF A 133-UNIT MULTI-FAMILY RESIDENTIAL PROJECT, AT 1000 EAST PALM CANYON DRIVE, ZONE R-2 AND R-3, SECTION 23, ON APN# 508361004, 508370006 AND 508431003. WHEREAS, Nexus Residential Communities, Inc. (the "Applicant") has filed an application with the City pursuant to Palm Springs Municipal Code Section 9.60, for Tentative Tract Map to subdivide 8.3 acres into one lot for condominium purposes, to construct a 133-unit multi-family residential project, located at 1000 East Palm Canyon Drive, Zone R-2 and R-3, Section 23; and WHEREAS, the Applicant and has filed Tentative Tract Map 32942 with the City and has ' paid the required filing fees; 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, the proposed subdivision, Tentative Tract Map 32942, is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and WHEREAS, an Environmental Assessment was previously prepared for this project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, notice of the public hearing of the Planning Commission of the City of Palm Springs to consider TTM 32942, was given in accordance with applicable law; and WHEREAS, on October 27, 2004, a public hearing on the application for a Tentative Tract Map 32942 was held by the Planning Commission in accordance with applicable law; and 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, all environmental data including the environmental assessment prepared for the project and all written and oral testimony presented; and WHEREAS, the Planning Commission voted to recommend that the City Council approve said project; and ' Resolution 21148 Page 2 WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to consider TTM 32942, was given in accordance with applicable law; and WHEREAS, on November 17, 2004, a public hearing on the application for a Tentative Tract Map 32942 was held by the City Council in accordance with applicable law; and THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that the project is categorically exempt from further environmental review under Section 15305 (Minor Alteration in Land Use) from further environmental review under the California Environmental Quality Act (CEQA). The City Council previously adopted a Mitigated Negative Declaration for this project. Mitigation measures were adopted which reduce the environmental impact of the proposed project to a level of less than significant. 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 Map is consistent with applicable general and specific plans. The proposed project is consistent with the General Plan. The General Plan designation for the site is H43/21, high density residential. The General Plan would allow 174 dwelling units on the project site. The applicant is proposing 133 units and therefore, is well within the density parameters of the General Plan. 2. The design of improvement of the proposed subdivision is consistent with the General Plan and any applicable Specific Plan. 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. All street, drainage, and utilities improvements are subject to the standards of the General Plan and Conditions of Approval associated with TTM 32942. ' The requirements of the general plan for high-density residential projects include the following policies: • a minimum of 45% of the lot area shall be maintained as on-site open space/recreational area; Resolution 21148 Page 3 ' • a minimum of 45% of the lot area shall be maintained as on-site open space/recreational area; • incorporation of a minimum area of the required common open space at grade or the level of the first habitable floor; • design of common open space so that it is easily accessible and of sufficient size to be usable by all residents; • incorporation of architectural design details and elements which provide visual character and interest, avoiding flat planar walls and "box-like" appearances; and • protection of privacy and view for adjacent single-family structures with increased setbacks to second-story mass. The project as proposed incorporates all of the above general plan policy statements into the site design. Therefore it is concluded that the relief to certain code standards will not be in conflict with the overall intent of the General Plan. 3. The site is physically suitable for the type and density of development contemplated by the proposed subdivision. The site is proposed for a 133-unit multi-family apartment complex consisting of 16 buildings comprised of 7 and 10 units types. Per the Zoning Code the maximum allowable density for the site for the R2 and R3 Zone designations ' would be 174 units. The proposed 133 will be under both Zoning Ordinance and General Plan allowable density levels. There will be no incompatibility issues as the project is surrounded by multi-story condominiums and single-story single- family residences adjacent to the single-family cluster residential component. The applicant proposes a medium density residential development that will be compatible with the surrounding neighborhood. 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 completed for Case No 5.0986-PD. The incorporation of the mitigation measures as prescribed in the EA as conditions of approval 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. ' Resolution 21148 Page 4 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. Based upon an evaluation of existing development, traffic volume, and development potential the proposed project will result in adequate circulation to handle future traffic volumes and therefore the proposed project would not conflict with access through the project site. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Tentative Tract Map 32942, 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 17th day of November, 2004. AYES: Members Foat, McCulloch, Mills and Pougnet NOES: None ABSENT: Mayor Oden ABSTAIN: None ' ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Acti ngCity Clerk City Manager Reviewed and Approved as to Form: Resolution 21148 Page 5 EXHIBIT A TENTATIVE TRACT MAP 32942 1000 EAST PALM CANYON DRIVE APN# 508361004, 508370006 AND 508431003 NEXUS RESIDENTIAL COMMUNITIES, INC. FINAL CONDITIONS OF APPROVAL APPROVED: NOVEMBER 17, 2004 EXPIRES: NOVEMBER 16, 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, 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 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 TTM 32942. 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 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 Resolution 21148 Page 6 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. The appeal period for a Tentative Tract Map application is 15 calendar days form the date of project approval. Permits will not be issued until the appeal period has concluded. 4. 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 and Building for approval in a form to be approved by the City Attorney, to be recorded prior to certificate of occupancy. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances. 5. 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, or the fee in effect at the time of submission, shall also be paid to the City Planning Department for administrative review purposes. 6. 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 as adopted by Ordinance. 7. 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 %% for residential projects with the first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be based 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. Environmental Assessment: 8. 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 will be included in the plans prior to Planning Commission consideration of the environmental assessment. Mitigation measures are as follows: General: 9. No outside storage of any kind shall be permitted except as approved as a part of the ' proposed plan. CC&R's shall prohibit storage within and modification to outdoor balconies. Resolution 21148 Page 7 10. Prior to the issuance of a building permit, the applicant shall pay developer fees to the Palm Springs Unified School District pursuant to the requirements established in SB50. ' The amount of fees paid will be determined based on the established state formula for determining construction costs. General/Grading: 11. Prior to the 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. 12. 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. 13. Drainage swales shall be provided adjacent to all curbs and sidewalks —3' wide and 6" deep. The irrigation system shall be 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. Parking 14. The "Van Accessible" visitor parking space at the large swimming pool needs to have the loading zone switched to serve the passenger side (right side) of the vehicle. 15. At the driveway approach on East Palm Canyon (Drive the pedestrian sidewalk should lead towards the four (4) foot wide level path at the top of the driveway approach. Engineering has the standards for driveways. 16. Standard parking spaces shall be 17 feet deep by 9 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two handicap spaces can share a common walkway. One handicap space shall be designated as "van accessible" and served by an 8 foot walkway on the right side. 17. Handicapped spaces shall by appropriately marked per Section 93.06.00 ( C) (10). 18. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are net part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. 19. Parking stalls shall be delineated with a 4 by 6 inch double stripe or equivalent design — hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 20. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must: be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the ' project. Said transformer(s) must be adequately and decoratively screened. POLICE DEPARTMENT 21. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 22, Prior to any construction on—site, all appropriate permits must be secured. FIRE 23. Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds GVW. (902.2.2.2 CFC) 24. Provide two 10' travel lanes for a total of 20' unobstructed width. If parking on access road is desired, provide an 8' parking lane with opposing curb marked red with appropriate signage for a total of 28' in width. Provide an additional 8' for parking on both sides of access road for a total of 36' in width. 25. Palm Springs Fire Apparatus require an unobstructed vertical clearance of not less than 14'6". 26. Locked gate(s) shall be equipped with a KNOX key switch device or Key box. Contact the Fire Department at 323-8186 for a KNOX application form. (902.4 CFC) 27. A KNOX box shall be installed at every locked gate. Show location of boxes on plan elevation views. Show requirement in plan notes. 28. An approved, automatic Fire Sprinkler System is required. 29. Fire flow is estimated to be 1500 gallons per minute at this time. A more precise flow will be given once the type of construction is known. 30. Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations of plans. (1002.1 CFC) Extinguishers shall be mounted in visible, accessible location 3 to 5 feet above floor level. Preferred location is in the path of exit travel near an exit door. 31. Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) Show location of address on plan elevation view. Show requirement and dimensions of numbers in plan notes. Numbers shall be a minimum 4 inches, and of contrasting color to the background. 32. Construction site fencing with 20 foot wide access gates is required for all combustible construction over 5,000 square feet. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. (8.04.260 PSMC) rays I 33. An operational fire hydrant or hydrants shall be installed within 250' of all combustible ' construction. 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. DEEP WELL RANCH ROAD 34. The developer shall deposit $25,000 with the City to represent the estimated cost of five years of annual maintenance costs for City maintenance of the existing landscaped median within Deep Well Ranch Road prior to final map approval. This estimate shall include the annual costs associated with landscape maintenance, water service and electrical service. In the alternative, the prior requirement for private maintenance of the median through CC&Rs approved by the City Attorney, shall apply, in this case future maintenance of the landscaped median shall become; the responsibility of the City. The developer shall be responsible for coordinating with the Parks and Recreation Department to determine requirements for providing a separate City water meter for irrigation purposes, as well as a separate City irrigation controller and irrigation system for the median. The determination of which alternative shall apply will be made by the City Engineer in consultation with the City Attorney, based upon long-term enforcability. GENERAL 35. All previous improvement requirements related to approval of Tentative Tract Map 31980, Case No. 5.0986 and PD 292 shall be incorporated by reference, and shall be completed prior to issuance of a certificate of occupancy for any condominium unit. 36. In the event a building permit is issued for an apartment unit authorized by the prior approval of Tentative Tract Map 31980, Case No. 5.0986 and PD 292, it shall be the developer's responsibility to coordinate with the Building Department any required conversion or improvements to those apartment unfits necessary to convert the use of those apartment units from apartments to condominiums (if any), prior to issuance of a certificate of occupancy for those apartment units. This condition shall be null and void upon the filing of a final map for condominium purposes and its approval by the City and recordation with the County of Riverside. 37. In the event a building permit is issued for an apartment unit authorized by the prior approval of Tentative Tract Map 31980, Case No. 5.0986 and PD 292, no unit shall be issued a certificate of occupancy nor shall any unit be released for purposes of leasing. This condition shall be null and void upon the filing of a final map for condominium purposes and its approval by the City and recordation with the County of Riverside. MAP 38. 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 parcel 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 first review of the Final Map. The Final Map shall be approved by the City Council prior to issuance of building permits.