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HomeMy WebLinkAbout21226 - RESOLUTIONS - 3/16/2005 RESOLUTION NO. 21226 OF THE CITY COUNCIL TO APPROVE TENTATIVE TRACT MAP 32378 TO CREATE A RESIDENTIAL CONDOMINIUM MAP OF APPROXIMATELY 0.92 ACRES, LOCATED AT 500 EAST PALM CANYON DRIVE, ZONE R-3, SECTION 12. WHEREAS, 500 E. Palm Canyon, LLC ("Applicant") has filed an application with the City pursuant to Section 9.62 of the Municipal Code to create a condominium map of approximately 0.92 acres ("Project"), located at 500 East Palm Canyon Drive, Zone R-3, Section 12, APN 508353037 AND 508353038; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider the Project was given in accordance with applicable law; and WHEREAS, on March 16, 2005, a public hearing on the Project was held by the City Council in accordance with applicable law; and WHEREAS, the Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332 (In-Fill Development Projects); and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing 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: The project is categorically exempt from environmental assessment pursuant to Section 15332 (In-Fill Development) of the California Environmental Quality Act (CEQA), whereby the project is characterized as in-fill development and meets the following conditions: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The project is consistent with the General Plan designation and policies. The project is consistent with the Development Standards of the R-3 Zone for lot size, width, and depth. (b) The project occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project is within the City of Palm Springs city limits and is approximately 0.92 acres. (c) The project site has no value as habitat for endangered, rare or threatened species. The project is surrounded by development, was previously occupied by a structure and is not in any designated habitat areas. The project will have minimal impact to any potential biological habitats. Resolution 21226 ' Page 2 (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The project would not result in significant effects relating to traffic, noise, air quality or water quality. (e) The site can be adequately served by all required utilities and public services. The project will be served by all required utilities and will connect to any and all public services. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing: the City Council hereby approve Tentative Tract Map 32378 to create a residential condominium map of approximately 0.92 acres, located at 500 East Palm Canyon Drive, Zone R-3, Section 12, APN 508353037 and 508353038; subject to those conditions set forth in Exhibit A, which are to be satisfied unless otherwise specified. ADOPTED this 16th day of March 2005. AYES: Members McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: Member Foat ABSTAIN: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA 6 ty Clerk N~ City Manager ' Resolution 21226 Page 3 EXHIBIT A CONDITIONS OF APPROVAL CASE TTM32378 TENTATIVE TRACT MAP 500 E. PALM CANYON, LLC 500 EAST PALM CANYON DRIVE FEBRUARY 9, 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 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. 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 TTM32378 — Tentative Tract Map. 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, parkways, 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 Resolution 21226 Page 4 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. Cultural Resources 4. 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. 5. The project area has the possibility of buried resources. 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 Department and one copy to the City Planning and Zoning Department prior to final inspection. GENERAL CONDITIONS/CODE REQUIREMENTS 12. Commencement of the Tract Map under this Tentative Tract Map shall be within two (2) years from the effective date of approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 13. If the use of the subject property is ever changed, the City reserves the right to modify or revoke this Tentative Tract Map, Conditional Use Permit and/or Architectural Approval application. POLICE DEPARTMENT 14. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT Resolution 21226 Page 5 15. Prior to any construction on-site, all appropriate permits must be secured. FIRE DEPARTMENT 16. Fencing Required: 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) 17. Fire Apparatus Access Gates: Construction site fire apparatus access gates shall have a clear width of at least 15 feet and be equipped with a frangible chain and padlock. (8.04.260 PSMC) 18. Fire Extinguishers: Portable Fire Extinguishers shall be installed in accordance with 2001 CFC, Art. 10, and NFPA Std. 10. 19, Fire Flow and Hydrants: Fire Flow may be inadequate in this area, and a Fire Hydrant upgrade may be needed. (903.4 CFC) ENGINEERING DEPARTMENT 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. 23. 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. EAST PALM CANYON DRIVE 24. Remove the existing 8 inch curb and gutter located 32 feet north of centerline and replace with an 8 inch curb and gutter located 38 feet north of centerline along the entire frontage, with,a 35 feet radius curb return at the northwest corner of the intersection of East Palm Canyon Drive and Calle Palo Fierro per City of Palm Springs Standard Drawing No. 200 and 206. 25. Remove the existing sidewalk and construct an 8 feet wide sidewalk behind the proposed curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. Resolution 21226 Page 6 26. Construct a Type B curb ramp meeting current California State Accessibility standards at the northwest corner of the intersection of East Palm Canyon Drive and Calle Palo Fierro in accordance with City of Palm Springs Std. Dwg. No. 213. 27. Remove and replace existing pavement with a minimum pavement section of 5 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge: of pavement along the entire East Palm Canyon Drive frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. 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. 28. Applicant shall remove and relocate the existing palm trees located along the East Palm Canyon Drive frontage. The applicant shall be responsible for construction of tree wells, and relocation of affected irrigation and electrical systems to the satisfaction of the City Engineer. The applicant shall be responsible for removal and replacement of the relocated palm trees with one of similar trunk diameter and height to the satisfaction of the City Engineer, if at any time within 12 months of its relocation, the City Engineer determines that the health of the relocated palm tree has failed. 29. The developer shall be responsible for the relocation of the existing marbelite Iuminaire located along the East Palm Canyon Drive frontage in accordance with Southern California Edison requirements. CALLE PALO FIERRO 30. Remove the existing driveway and replace with 8 inch curb and gutter located 20 feet west of the centerline of Calle Palo Fierro and an 8 feet wide sidewalk behind the curb to match existing sidewalk per City of Palm Springs Standard Drawing No. 200 and 210, respectively. 31. Construct a 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. The centerline of the driveway approach shall be located at least 100 feet north of the south property line. 32. All broken or off grade street improvements shall be repaired or replaced. AVENIDA ORTEGA 33. Remove the existing 6 inch curb and gutter as necessary in order to construct a 24 feet wide driveway approach in accordance with the City of Palm Springs Standard Drawing No. 201. The proposed driveway approach location is in violation of Section 93.06.00 C(15)c of the City of Palm Springs Zoning Ordinance. It calls for a minimum separation between the driveway and side lot line of 6 feet. 34. All broken or off grade street improvements shall be; repaired or replaced. Resolution 21226 Page 7 ON-SITE PRIVATE STREET 35. Dedicate an easement for emergency access and service vehicles with right of ingress and egress over the proposed private street. 36. The minimum pavement section for all on-site pavement shall be 2-1/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous 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. 37. Parking shall be prohibited along the on-site private street. SANITARY SEWER 38. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. Laterals shall connect to the public sewer main in accordance with City of Palm Springs Standard Drawing No. 405. 39. If an on-site private sewer system is proposed to collect sewage from the development and connect to the existing public sewer system, 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 main is not necessary 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 on-site sewer mains, i.e. building sewers and laterals from the buildings to the on-site private sewer mains, are subject to separate review and approval by the Building Division. 40. An 8 inch private sewer main shall be constructed within the on-site private street and connected to the existing public 8 inch sewer main located in Calle Palo Fierro. 41. All on-site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site sewer system acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. GRADING 42. Submit a Precise Grading Plan prepared by a California registered Civil Engineer or qualified Architect to the Engineering Division for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of 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 Resolution 21226 , Page 8 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 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. 43. All on-site curbs, concrete, and AC paving shall be removed. 44. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 45. 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. 46. 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). 47. DRAINAGE 48. 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 ' Resolution 21226 Page 9 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. 49. 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 50. 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 51. 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. 52. All proposed utility lines shall be installed underground. 53. 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. 54. 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 improvement plans shall be submitted to the City Engineer for approval prior to construction. 55. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code 93.02.00 D. 56. 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 57. 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 Resolution 21226 , Page 10 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. TRAFFIC 58. A minimum of 48 inches of sidewalk clearance shall be provided around palm trees and all other above-ground facilities for handicap accessibility. The applicant shall provide same through widening of the sidewalk or shall be responsible for the relocation of all existing impediments located on the East Palm Canyon Drive, Calle Palo Fierro, and Avenida Ortega frontages of the subject property. 59, All damaged, destroyed, or modified pavement legends and striping associated with the proposed development shall be replaced as required by the City Engineer on the East Palm Canyon Drive frontage prior to issuance of a Certificate of Occupancy. 60. A 30 inch stop sign (and standard stop bar and legend) shall be installed in accordance with City of Palm Springs Standard Drawing Nos. 620-625 at the following locations: A. Calle Palo Fierro project exit B. Avenida Ortega project exit 61. 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. 62. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. Resolution 21226 Page 11 N Department of Planning and Zoning wE Vicinity Map s 9-A- ' .�'4Ct Rio Kdrt��'� - 1 I ( I J AVENIDA F?ALMERA LU O ' AVENIDA HOKt7NA z C AVENIDA MORgGA W m AVENIDA OLANC1-IA CSC = w a AVENIDA ORTEGA �1TE E PALM CANYON DR lwr4 PALM. DR CITY OF PALM SPRINGS SE NO.: 5,1015 CUP DESCRIPTION: Application by 500 E. Palm Canyon TTNI 32378 LLC for a tentative Tract Map and Conditional Us Permit to construct 11 condominium units o APPLICANT: 500 E. PALM CANYON, LLC approximately 0.92 acres. Location 500 East Palm Canyon Drive, Zone R-3, Section 23.