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HomeMy WebLinkAbout21190 - RESOLUTIONS - 1/19/2005 RESOLUTION NO. 21190 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 32613, FOR A ONE LOT SUBDIVISION OF APPROXIMATELY 5.66 ACRES OF LAND FOR 21 CONDOMINIUM UNITS, LOCATED NEAR RAMON ROAD AND CAMINO PAROCELA, P ZONE, SECTION 19, APN 680071004. WHEREAS, Brown & Weiner (the "Applicant") has filed an application with the City pursuant the Palm Springs Municipal Code Section 9,60 for a Tentative Tract Map for a one lot subdivision of approximately 5.66 acres of land for 21 condominium units within six professional office buildings located near Ramon Road and Camino Parocela, P Zone, Section 19; and WHEREAS, the Applicant has filed Tentative Tract Map 132613 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 32613, was given in accordance with applicable law; and WHEREAS, on November 24, 2004, a public hearing on the application for Tentative Tract Map 32263 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 32613, was given in accordance with applicable law; and WHEREAS, on January 19, 2005, a public hearing on the application for Tentative Tract Map 32263 was held by the City Council in accordance with applicable law; and WHEREAS, the proposed subdivision, Tentative Tract Map 32613, 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 15332 (In-Fill Development Projects). 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. Res. 21190 Page 2 THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that, Tentative Tract Map 32613 is categorically exempt from environmental assessment per Section 15332 (In-Fill Development Projects) 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 properly one for which an business office complex is authorized by the City's Zoning Ordinance and General Plan. The proposed Tentative Tract Map application for a one lot subdivision of approximately 5.66 acres 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 one lot subdivision is approximately 5.66 acres of land. The proposed subdivision will combine five lots into one. The proposed subdivision will create one lot with 21 condominium buildings 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 Paseo Dorotea and Calle Santa Cruz. The common driveway 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. Res. 21190 Page 3 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Tentative Tract Map 32613, 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 19t' day of January, 2005. AYES: Member Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ABSTENTIONS: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager y ` �o,,vai,aes,�r Res. 21190 P�epartment of Planning and Zoning�,_ NE _ Vicinity Map —AIRPORT CENTRE DR RAMON Rb 4n Cn m Site 0 to v � -� 0 Im c M CITY OF PALM SPRINGS CASE NO.: TTM 32613 / MAJ 3.2563 DESCRIPTION: Application by Brown & Weiner to create a one lot, ,APPLICANT: Brown & Weiner condominium map that will consist of 21 condominium units. Located near Ramon Road & Calle Parocela, P Zone, Section 19, APN 680071004. Res. 21190 Page 5 CITY OF PALM SPRINGS CONDITIONS OF APPROVAL TTM 322613 DESERT SPRINGS PROFESSIONAL OFFICE PARK NEAR RAMON ROAD AND CAMINO PAROCELA JANUARY 5, 2005 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. 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 TTM 322613. 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 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. Page 6 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 feeing 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 Services 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. CC&R's 5. 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 Plamung 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, shall require maintenance of all property in a good condition and in accordance with all ordinances, and shall include the following special conditions: there shall be no assigned parking 6. The applicant shall submit to the City of Pahn Springs, a deposit in the amount of$2,000.00, for the review of the CC&R's by the City Attorney. A $250 filing fee shall also be paid to the ' City Plarming Department for administrative review purposes. CULTURAL RESOURCES 7. 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. 8. 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 Services 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 Res. 21190 Page 7 Department and one copy to the City Planning and Zoning Department prior to final ' inspection. GENERAL CONDITIONS/CODE REQUIREMENTS 9. The appeal period for Case 32613, a Tentative Tract Map application is 15 calendar days from the date of project approval. 10. 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. 11. 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. 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. All Conditions of Approval for Case 3.2563 shall be applied, if applicable. 14. There shall not be any assigned parking. 15. These are to be non-residential condominium units. 16. The applicant shall provide all tenants with Conditions of Approval of this project. ' 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. None ENGINEERING 20, 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. 21. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 22. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. EAST RAMON ROAD 23. Vehicular access rights to Ramon Road shall continue to be prohibited. 24. All broken or off grade street improvements shall be repaired or replaced. PASEO DOROTEA 25. Construct a 26 feet wide minimum driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. 26. Dedicate an easement 4 feet wide along the back of the driveway approach for sidewalk purposes. 27. All broken or off grade street improvements shall be repaired or replaced. CAMINO PAROCELA 28. The proposed surface runoff of stormwater and nuisance water directly from the parking lot to Camino Parocela, as shown on the proposed Conceptual Grading Plan, is prohibited. On-site retention will be required. Refer to drainage requirements. 29. Vehicular access rights shall continue to be prohibited to Camino Parocela. 30. All broken or off grade street improvements shall be repaired or replaced. CALLE SANTA CRUZ 31. Construct a 26 feet wide minimum driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. 32. The proposed surface runoff of stormwater and nuisance water directly from the parking lot to Calle Santa Cruz, as shown on the proposed Conceptual Grading Plan, is prohibited. On- site retention will be required. Refer to drainage requirements. 33. All broken or off grade street improvements shall be repaired or replaced. SANITARY SEWER 34. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 35. In the event a sewer lateral is not connected from the public sewer main to each individual building as proposed on the site plan, and an on-site private sewer system is proposed to ' collect sewage from the development, sewer plans shall be submitted to the Engineering Division for review and approval. Private on-site sewer mains shall conform to City sewer design standards. A profile view of the on-site private sewer mains are not necessary Page 9 provided sufficient invert information is provided in the plan view, including elevations with ' conflicting utility lines. Connection of the on-site private sewer system to the public sewer main shall be connected as a lateral and not to an existing manhole or with a new manhole. Plans for sewers other than the private mains, i.e. building sewers and laterals from the buildings to the on-site private sewer mains, are subject to review and approval by the Building Division. GRADING 36. Submit a Precise Grading and Paving Plan prepared by a California registered Civil Engineer to the Engineering Division for review and approval. The Precise Grading and Paving 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 Engineering Division 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 Coachellla 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 Engineering Division 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 AQMD 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 Engineering Division prior to approval of the Grading plan. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a 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 a Grading Plan. 39. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development. ' Page 10 ' 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. A copy of the soils report shall be submitted 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 the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final 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 configuration or layout consistent with the findings of the final hydrology study. No more than 40-50% of the street frontage parkway/setback areas should be designed as retention basins. On-site open space, in conjunction with dry wells and other subsurface solutions should be considered as alternatives to using landscaped parkways for on-site retention. 43. Provisions for the interception of nuisance water from entering adjacent public streets 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 $9,212.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. ON-SITE 45. 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. I GENERAL ' 46. 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. 47. All proposed utilities shall be installed underground. 48. All existing utilities shall be shown on the grading plans. The existing and proposed service laterals shall be shown from the main line to the property line. 49. The original Precise Grading and Paving plan 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 Precise Grading and Paving plan shall be submitted to the City Engineer for approval prior to construction. 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 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 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 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 review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 53. In accordance with Government Code Section 66493 (f), an application for reapportionment of the existing assessments related to Assessment District '155 and Assessment District 157 levied against the properties shall be performed at the expense of the property owner, or the existing assessments shall be paid in full, prior to City Council approval of the Final Map. 54. Vehicular access rights to Ramon Road and Camino Parocela shall be prohibited, abutters rights of access to Ramon Road and Camino Parocela as dedicated on Parcel Map 30868 shall remain. TRAFFIC 55. A 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 Res. 21190 Page 12 ' existing impediments located on the East Ramon Road, Paseo Dorotea, Camino Parocela, and Calle Santa Cruz frontages of the subject property. 56. 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. 57. This property is subject to the Transportation Uniform Mitigation Fee, which shall be paid prior to issuance of building permits.