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HomeMy WebLinkAbout21384 - RESOLUTIONS - 7/20/2005 RESOLUTION NO. 21384 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS APPROVING A PROCESS WAIVER TO CERTAIN PROCEDURAL REQUIREMENTS OF THE LAND USE CORDINATION AGREEMENT THAT ARE NOT NECESSARY IN THE IMMEDIATE SITUATION AND INCORPORATING SPECIFIC RECOMMENDATIONS OF PROJECT APPROVAL. WHEREAS, on July 26, 1977. The Tribe and the City entered into that certain Agreement No. 1324 (hereinafter the "Land Use Agreement'), adopted by city Council Resolution No. 12298. Pursuant to that Agreement, the parties agreed that applications for issuance of permits and development pertaining to any Trust lands would initially be processed through the City, with the City collecting its normal fees and charges. Any party aggrieved by an action of the City Council in any such planning and zoning matters was given the right to appeal any action of the City to the Tribal Council with the Tribal Council having the ability, following a noticed hearing, to affirm, reverse, or modify any decision of the City Council on any matter affecting Indian Trust Lands, with the decision of the Tribal Council being final, after consideration of the recommendation of the Indian Planning Commission, as well as applicable federal and tribal law; and WHEREAS, On December 15, 1998, the Tribal Council and the Palm Springs City Council entered into a Land Use Coordination Agreement which provides for City review and comment on projects proposed on Tribal Trust property. This agreement establishes the process for City review of the proposed project and subject conformity report. Based upon the Tribal Trust status of the subject property, the Tribal Council exercises full approval and permit authority for the condominium project; and WHEREAS, On February 3, 1999, the City and the Tribe amended the Land Use Agreement. Supplement No. 5 exempted all Tribal Trust property from the 1977 Land Use Agreement, subject to the terms of the Land Use Coordination Agreement; and WHEREAS, On July 2002, the Tribe released the Section 14 Master Development Plan Specific Plan; and WHEREAS, The proposed project, which is located in the southwest portion of Section 14, is included in the Specific Plan within Multiple Family Residential/ Resort Housing of the Master Plan Vision. The project site is identified as "new diverse housing" in the Section 14 Illustrative Concept of the Master Plan Vision. The proposed project is consistent with the Draft Section 14 Master Development Plan Specific Plan; and WHEREAS, On May 23, 2005 Architectural Advisory Committee reviewed the Project; and Resolution No. 21384 Page 2 WHEREAS, the Tribe has generally supported development consistent with the ' City's General Plan and other ordinances and regulations but has the authority to adopt its own land use plan and policies; and WHEREAS, the Tribe has commenced a program, when economically feasible, to reacquire any Trust Land which has been sold in fee. To facilitate Indian development on such Land, the Tribe would like to have an expedited process for City review and comment on said projects. The Tribe is willing to consider such review and comment if given in a timely manner. The City believes that the opportunity to provide review and comment, but not approval, of such projects would be valuable to assure that such projects are integrated with surrounding development and to assure that the City's and the Tribe's normal development standards are maintained insofar as possible. In addition, both parties believe that all development throughout the City on both Tribal and non-Tribal land should make a fairshare contribution in exaction, fees or other consideration to pay for the burdens imposed by the development on the City or for the benefits received by the development from the City; and WHEREAS, "With the approval of both parties, any portion of the foregoing process may be waived if the Project is not deemed significant, if the Project is found to be conforming, or if due to the exigencies of time the normal process ' cannot be accommodated". THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby waives Section G.3, GA and G.5 of the Land Use Coordination Agreement. SECTION 2. The City Council adopts the staff recommendations set forth in Exhibit 'A' for Case No. 5.1001 and requests that the Tribal Council incorporate said recommendations as part of their conditions of approval for this project. ADOPTED THIS 20th day of July, 2005. David H. Ready, City ager ATTEST: es Thompson, City Clerk G� Resolution No. 21384 Page 3 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. 21384 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, Councilmember Mills, Mayor Pro Tern McCulloch and Mayor Oden. NOES: None. ABSENT: None. ABSTAIN: None. 'ilhes Thompson, City Clerk /pity of Palm Springs, California Resolution No. 21384 Page 4 EXHIBIT"A" ' APPLICATION FOR APPROVAL OF A NEW CONDOMINIUM DEVELOPMENT LOCATED AT 450 SOUTH CALLE EL SEGUNDO, 670 EAST RAMON ROAD, AND 466 SOUTH CALLE EL SEGUNDO, (APN 508-096-007,008,011), SECTION 14, T 4 S, R 4 E, S.B.B.M., CASE NO. 5.1001, ENG. FILE NO. E-3318. 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, the City recommends that all conditions listed below be completed to the satisfaction of the City Engineer. STREETS 1. It is recommended that a City of Palm Springs Encroachment Permit be issued for construction of any improvements within the public right-of-way. 2. It is recommended that the applicant submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. It is recommended that the plan(s) be approved by the City Engineer prior to issuance of any ' building permits. 3. When public dedications of easements or rights-of-way over Tribal Allottee or Tribal Trust land are required, the applicant shall be responsible for compliance with all Bureau of Indian Affairs (B.I.A.) requirements, including obtaining appraisals and payment of just compensation to the underlying owner. It is the applicant's responsibility to determine what additional costs or other requirements may be necessary to obtain any required public dedications as identified by the City for this development. Required public dedications for easements or rights-of-way are perpetual and have no term or duration; dedications of easements or rights-of-way restricted to a duration or term, or made in connection with an underlying Indian Lease, shall not be accepted. RAMON ROAD 4. It is recommended that the applicant construct a 24 feet wide emergency access driveway approach with its centerline located approximately 360 feet east of the centerline of Calle El Segundo in accordance with City of Palm Springs Standard Drawing No. 201. It is recommended that the access be gated and locked; and a lock box key provided to the Fire Department for emergency access. 5. In accordance with the Section 14 Master Plan, it is recommended that the , applicant remove the existing 5 feet wide sidewalk and construct a meandering 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. Resolution No. 21384 Page 5 6. It is recommended that the applicant dedicate an easement for pedestrian purposes for those portions of the meandering sidewalk that leave the public right-of-way. 7. It is recommended that the applicant coordinate with Sunline Transit Agency to evaluate relocation of the existing bus stop and construction of a new bus turn- out, including installation of a bus stop shelter, with a design compatible to project architecture as approved by Sunline Transit Agency and the Director of Planning Services. ,B. If a bus turn-out is recommended by Sunline Transit Agency, it is recommended that additional right-of-way be dedicated for those portions of the bus turn-out and adjacent sidewalk and bus shelter located outside of the public right-of-way. CALLE EL SEGUNDO 9. In accordance with the Section 14 Master Plan, it is recommended that the applicant dedicate an additional 16 feet to provide the ultimate half-street right-of- way width of 41 feet along the entire frontage, including a property line corner cut-back at the southwest corner of the subject property in accordance with City of Palm Spring Standard Drawing No. 105, 10. It is recommended that the applicant construct a 6 inch curb and gutter, 32 feet east of centerline along the entire frontage with a 35 feet radius curb return at the northeast corner of the intersection of Calle El Segundo and Ramon Road in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 11. It is recommended that the applicant replace the existing curb return with a 25 feet radius curb return at the southeast corner of the intersection of Calle El Segundo and Saturnino Road in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 12. It is recommended that the applicant construct a new intersection for the Main Entry, consisting of a divided ingress and egress lane, with sufficient maneuvering area for vehicles unable to enter the development, with 35 feet radius curb returns and spandrels along either side of the Main Entry and a 6 feet wide cross-gutter, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 13. In accordance with the Section 14 Master Plan, it is recommended that the applicant construct a 5 feet wide sidewalk separated 4 feet behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 14. It is recommended that the applicant construct a Type A curb ramp meeting current California State Accessibility standards at the northeast corner of the intersection of Ramon Road and Calle El Segundo, and along either side of the Main Entry, in accordance with City of Palm Springs Standard Drawing No. 212. Resolution No. 21384 Page 6 15. It is recommended that the construct a minimum pavement section of 3 inches of , asphalt concrete pavement over 6 inches aggregate 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 Calle El Segundo frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 325. If an alternative pavement section is proposed, the City recommends that the proposed pavement section be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 16. It is recommended that the applicant extend the existing drainage culvert for the Baristo Channel, as necessary to facilitate the widening of Calle El Segundo and Saturnino Road, in accordance with the Section 14 Master Plan. Plans for the extension of the existing drainage culvert should be submitted to Riverside County Flood Control and Water Conservation District (RCFC) for review and approval, and an encroachment permit for its extension should be obtained from RCFC prior to construction of the recommended street improvements. SATURNINO ROAD 17. In accordance with the Section 14 Master Plan, it is recommended that the applicant dedicate an additional 5 feet to provide the ultimate half street right-of- way width of 30 feet along the frontage. 18. It is recommended that the applicant construct 6 inch curb and gutter, 20 feet south of centerline along the entire frontage, with a 25 feet radius curb return at the southeast corner of the intersection of Saturnino Road and Calle El Segundo in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 19. In accordance with the Section 14 Master Plan, it is recommended that the applicant construct a 5 feet wide sidewalk separated 5 feet behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 20. It is recommended that the applicant construct a Type B curb ramp meeting current California State Accessibility standards at the southeast corner of the intersection of Saturnino Road and Calle El Segundo in accordance with City of Palm Springs Standard Drawing No. 213. 21 . It is recommended that the applicant construct a minimum pavement section of 3 inches of asphalt concrete pavement over 6 inches aggregate 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 Saturnino , Road frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 325. If an alternative pavement section is proposed, the City recommends that the proposed pavement section be designed by a California Resolution No. 21384 Page 7 registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. SANITARY SEWER 22. It is recommended that all sanitary facilities be connected to the public sewer system and that new laterals not be connected at manholes. DRAINAGE 23. It is recommended that all stormwater runoff passing through the site be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, it is recommended that on- site retention or other facilities be utilized to contain the increased stormwater runoff generated by the development of the property; or, it is recommended that an on-site drainage system be constructed to convey stormwater runoff to the Baristo Channel, as allowed by Riverside County Flood Control District. 24. It is recommended that the applicant pay to the City of Palm Springs applicable flood control and drainage implementation fees of$9,212 per acre. GENERAL 25. It is recommended that 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. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. 26. It is recommended that all proposed utility lines be installed underground. 27. It is recommended that any existing overhead utility lines on or adjacent to the property be installed underground. 28. It is recommended that all existing utilities be shown on any improvement plans approved by the City, and that the proposed service laterals be shown from the main line to the property line. Resolution No. 21384 Page 8 29. It is recommended that any original improvement plans prepared for the , proposed development and approved by the City Engineer be documented with record drawing "as-built" information and returned to the Engineering Division prior to issuance of a certificate of occupancy. It is recommended that any modifications or changes to approved improvement plans be submitted to the City Engineer for approval prior to construction. 30. It is recommended that nothing 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 Section 93.02.00, D. 31. It is recommended that all proposed trees within the public right-of-way and within 10 feet of the public sidewalk have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. MAP 32. It is recommended that a Final Map for condominium purposes be prepared and recorded with the Riverside County Recorder for the subject development. TRAFFIC 33. It is recommended that a traffic signal be installed at the off-set intersection of Ramon Road with Calle El Segundo and Calle Abronia, in accordance with the recommendations fro the traffic impact study for "El Segundo Residential Tract" prepared by Endo Engineering, dated March 2004. If installed, the applicant may request reimbursement of 94.1% of the cost of the traffic signal through a reimbursement agreement with the City of Palm Springs. If not installed, it is recommended that the applicant pay the proportionate fair share cost of $8,850 (or 5.9%) to the City, as recommended by the traffic impact study. 34. If a traffic signal is installed, it is recommended that a traffic signal installation plan be prepared and submitted to the City Engineer for review and approval. 35. It is recommended that a minimum of 48 inches of clearance shall be provided on public sidewalks for handicap accessibility. 36. It is recommended that a street name sign be installed at the intersection of Calle El Segundo and the Main Entry, in accordance with City of Palm Springs Standard Drawing No.'s 620 through 625. 37. It is recommended that a 30 inch stop sign, standard stop bar and "STOP" legend be installed in accordance with City of Palm Springs Standard Drawing ' No.'s 620-625. 38. It is recommended that construction signing, lighting and barricading be provided for on all projects as required by City Standards or as directed by the City Resolution No. 21384 Page 9 Engineer. As a minimum, all construction signing, lighting and barricading is recommended to 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. 39. It is recommended that the Transportation Uniform Mitigation Fee be paid in accordance with the Coachella Valley Association of Governments fee structure for condominium units. Architectural Advisory Committee Recommendations: 1. Reduce the amount of driveway and asphalt used throughout the complex; soften some of the spaces between buildings with landscaping and less asphalt. 2. Review the units' access through the garages from garages and revise. 3. Provide pedestrian access from Calle El Segundo. 4. The island units should be flipped to create a more livable space. As proposed, there seems to be no yards as streets surround most units.