Loading...
HomeMy WebLinkAbout21367 - RESOLUTIONS - 7/20/2005 RESOLUTION NO. 21367 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 32280 TO SUBDIVIDE ONE LOT OF APPROXIMATELY 6.28 ACRES INTO TWO LOTS OF APPROXIMATELY 2.00 ACRES AND 4.28 ACRES FOR FUTURE DEVELOPMENT, LOCATED AT THE NORTHEAST CORNER OF AVENIDA CABALLEROS AND AMADO ROAD, ZONE R-4, SECTION 14, APN 508-582- 038 AND 508-582-070. WHEREAS, KFI, LLC and RFC Properties, LLC. (the "Applicants") has filed an application with the City pursuant the Palm Springs Municipal Code Section 9.60 for a Tentative Parcel Map to subdivide one lot of approximately 6.28 acres into two lots of approximately 2.00 acres and 4.28 acres for future development, located at the northeast corner of Avenida Caballeros and Amado Road, Zone R-4, Section 14; and WHEREAS, the Applicant has filed Tentative Parcel Map 32280 with the City and has paid the required filing fees; and WHEREAS, said Tentative Parcel 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 Parcel Map 32280, was given in accordance with applicable law; and WHEREAS, on May 25, 2005, a public hearing on the application for Tentative Parcel Map 32280 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on May 25, 2005, the Planning Commission voted to recommend to the City Council approval of Case TPM32280; and WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to consider Tentative Parcel Map 32280, was given in accordance with applicable law; and WHEREAS, on July 20, 2005, a public hearing on the application for Tentative Parcel Map 32280 was held by the City Council in accordance with applicable law; and 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. Resolution No. 21367 Page 2 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE ' AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that, Tentative Parcel Map 32280 is categorically exempt from environmental assessment per Section 15315 (Minor Land Division) 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 a subdivision is authorized by the City's Zoning Ordinance and General Plan. ' The proposed Tentative Parcel Map application to subdivide approximately 6.28 acres into two lots of 2.00 acres and 4.28 acres is in harmony with the various elements and objectives of the City of Palm Springs General Plan and is not detrimental to the existing uses specifically permitted in the zone in which the proposed use is to be located. b. The site is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The subdivision of approximately 6.28 acres will create two lots of approximately 2.00 acres and 4.28 acres. The proposed subdivision will create two lots that will be adequate in size and shape to permit future development. 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. ' Resolution No. 21367 Page 3 Parcel 1 does not front any public roads. Access to parcel 1 will be from Avenida Caballeros, through an existing 27 foot easement. Other than this access easement, parcel 1 has no other access to any public roads. Parcel 2 fronts Amado Road and Avenida Caballeros, therefore access can be from either public road. Avenida Caballeros and Amado Road are fully improved streets and have the capacity to carry the type and quantity of traffic to be generated by the proposed future use 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. ADOPTED THIS 20th day of July, 2005. David H. Ready, anager ATTEST: J �i es Thompson, City lerk� CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 21367 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on July 20, 2005, by the following vote: AYES: Councilmember Foat, Councilmember Pougnet, Mayor Pro Tern McCulloch and Mayor Oden. NOES: None. ABSENT: Councilmember Mills. ABSTAIN: None. f es Thompson, City lerk ity of Palm Springs, California Resolution No. 21367 Page 4 EXHIBIT A ' TENTATIVE PARCEL MAP 32280 CONDITIONS OF APPROVAL NORTHEAST CORNER OF AMADO ROAD AND AVENIDA CABALLEROS JULY 20, 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 Planning: 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 TPM 32280. 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. ' Resolution No. 21367 Page 5 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 Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. (Projects received after September 12, 2003). 5. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt, Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 6. The project will bring additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government C. Section 53311 et seq., or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. Resolution No. 21367 Page 6 7. 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 Cultural Resources: 8. 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. 9. A Native American Monitor shall be present during all ground-disturbing activities. 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. 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. Additional Permits: 10. Any future development will require the appropriate development applications, fees, and other information as needed by the City. 11. All appropriate approvals from the Bureau of Indian Affairs shall be obtained prior to approval of a final map. 12. All appropriate approvals from the Agua Caliente Band of Cahuilla Indians shall ' be obtained prior to approval of a final map Resolution No. 21367 Page 7 13. All the design and development guidelines of the Section 14 Specific Plan shall be complied with, prior to approval of the final map. GENERAL CONDITIONS/CODE REQUIREMENTS: 14. The appeal period for a Tentative Parcel Map application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 15. All development standards, design guidelines, and intentions of the Section 14 Specific Plan shall be incorporated. 115. Any future development will comply with the City of Palm Springs General Plan, Section 14 Specific Plan, and Zoning Ordinance (where applicable). POLICE DEPARTMENT: 17, Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. FIRE DEPARTMENT: 18. All Fire Department codes and regulations must be met before Final Map. 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: 19. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 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 grading or building permits. 1 Resolution No. 21367 Page 8 NORTH AVENIDA CABALLEROS: , 21 . Easements shall be granted for the portions of the proposed meandering Class 1 Bikeway and pedestrian path that leave the public right-of way. 22. Remove the existing driveway approach and driveway in the public right-of-way and replace with a 6 inch curb and gutter, 22 feet east of centerline in accordance with City of Palm Springs Standard Drawing No. 200, with meandering Class I bikeway and pedestrian/jogging path in accordance with City of Palm Springs Standard Drawing No. 210 and the Section 14 Final Master Development Plan Specific Plan for the Agua Caliente Band of Cahuilla Indians (dated April, 2004), behind the new curb where no new driveway approach is proposed. 23. No off-site parking shall be allowed on North Avenida Caballeros during and after development of this property. 24. Construct a meandering 5 feet wide pedestrian/jogging path behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210 and the Section 14 Final Master Development Plan Specific Plan for the Agua Caliente Band of Cahuilla Indians (dated April, 2004). , 25. Construct a 10 feet wide Class I meandering bicycle path (Caltrans Design Manual, Chapter 1000 - Bikeway Planning and Design) along the entire frontage. The bicycle path shall be constructed of colored Portland cement concrete. The admixture shall be Desert Sand, Palm Springs Tan, or approved equal color by the Engineering Division. 26. Construct a Type A curb ramp meeting current California State Accessibility standards at the northeast corner of the intersection of North Avenida Caballeros and East Amado Road in accordance with City of Palm Springs Standard Drawing No. 212. 27. All broken or off grade street improvements shall be repaired or replaced. EAST AMADO ROAD: 28. Dedicate an easement, as appropriate, for meandering sidewalk purposes along the entire frontage. 29. Construct a 6 inch curb and gutter, 32 feet north of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. ' Resolution No. 21367 Page 9 30. Construct a 5 feet wide meandering sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210 and the Section 14 Final Master Development Plan Specific Plan for the Agua Caliente Band of Cahuilla Indians (dated April, 2004). 31. Construct a minimum pavement section of 3 inches asphalt concrete pavement over 6 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 Amado Road frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 325. 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. MAP: 32. A Parcel 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 Parcel Map to the Engineering Division as part of the review of the Map. The Parcel Map shall be approved by the City Council prior to issuance of building permits. 33. All of the required public improvements shall be listed in an Improvement Certificate on the Parcel Map and clearly noted that the required public improvements will be the minimum development requirements for Parcels 1 and 2 of Parcel Map No. 32280, but shall not be required to be completed until such time that development is contemplated on the subject Parcels. 34. Any off-site dedications or easements shall be acquired and recorded by separate instrument prior to approval of a Parcel Map.