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HomeMy WebLinkAbout21723 - RESOLUTIONS - 10/4/2006RESOLUTION NO. 21723 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR TENTATIVE TRACT MAP 32736, ARCHITECTURAL APPROVAL NO. 5.1112-MAJ APPROVING THE CONSTRUCTION OF 41 CONDOMINIUM UNITS ON AN APPROXIMATE 7.6 ACRE PARCEL LOCATED ALONG THE NORTH SIDE OF 34T" AVENUE AT LAWRENCE STREET AND WEST OF THE DINAH SHORE DRIVE BRIDGE, ZONE R-G-A(6), SECTION 20. WHEREAS, Mountain Terrace, 02, LLC, (the "Applicant") has filed an application with the City pursuant to Palm Springs Municipal Code Section 9.60 for Tentative Tract Map 32736 for the subdivision of a condominium map and to construct 41 condominium units to be located at the North side of 341h Avenue at Lawrence Street and west of the Dinah Shore Drive Bridge, Zone R-G-A(6), Section 20; and WHEREAS, notice of the public hearing of the Planning Commission of the City of Palm Springs to consider TTM 32736 and related architectural approvals (Case 5.1112), was given in accordance with applicable law; and WHEREAS, on August 23, 2006, a public hearing on the application for Tentative Tract Map 32736 and related architectural approvals (Case 5.1112) was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act (CEQA), and a Mitigated Negative Declaration has been prepared for this project in accordance with CEQA Guidelines and that the Planning Commission hereby recommends to the City Council adoption of said Mitigated Negative Declaration as an adequate and complete assessment of the potential environmental impacts of the project; and WHEREAS, pursuant to Government Code Section 66412,3, the Planning Commission has considered the effect of the proposed subdivision, Tentative Tract Map 32736, on the housing needs of the region in which Palm Springs is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; the approval of the proposed project represents the balance of these respective needs in a manner which is most consistent with the City's obligation pursuant to its police power to protect the public health, safety, and welfare; and 1 WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the meeting on the Project, including but not Resolution No. 21723 Page 3 a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The proposed residential development is consistent with the basic L6 General Plan designation as a residential use. The proposed density of approximately 5.8 dwelling units per acre, or 7,467 square feet per unit is within the threshold of four and maximum of six dwelling units per acre called out in General Plan Objective 3.5a, and the design of the project "accommodates various types of low -density residential development, including traditional single-family homes" discussed in that Objective. Finally, approximately 56 percent of the lot area is to be maintained as open space or private recreational yard area per Policy 3.5.3. b. The design and improvements of the proposed Tentative Parcel Map are consistent with the zone in which the property is located. The proposed project design is generally consistent with the stated purpose of promoting and protecting public health, safety, and welfare, and providing for comprehensive and orderly use of land resources per Section 91.00.00 of the Zoning Code. Also, zoning consistency is achieved by providing protections for neighboring land uses, particularly single-family residential uses. The development standards within the proposed condominium complex are consistent with the practical development solutions for a project site of this kind. c. The site is physically suited for this type of development. The project site is flat, and is located in an area with all urban services and utilities, including streets. d. The site is physically suited for the proposed density of development. The proposed 7.6-acre project site can accommodate 41 residences without significant grading, the site abuts improved public streets with existing utilities, and the site is in an area allowing access to major thoroughfares. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The General Biological Assessment prepared for the project, and dated May 5, 2004, concluded that disturbed Sonoran creosote bush scrub was the only vegetation community occurring on -site, that vegetation is not considered sensitive, and that no sensitive species were observed on -site. Although the habitat is potentially appropriate for several species, it is not anticipated that the species would utilize the area due to the disturbed condition of the site and its close Resolution No. 21723 Page 5 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. 21723 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 October A, 2006, by the following vote: AYES: Councilmember McCulloch, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. NOES: Councilmember Mills. ABSENT: None. ,ABSTAIN: None. �(nes Thompson, City Clerk dity of Palm Springs, California t Resolution No. 21723 Page 7 except, the City's decision to settle or Conditions of Approval 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 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 Fish and Game Code Section 71 1.4 a filing fee of $64.00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the form of a money order or cashier's check payable to Riverside County. 5. Prior to issuance of a building permit, Fringe Toed Lizard Mitigation fees shall be submitted. 6. 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 112% for commercial or industrial projects, 114% for new residential subdivisions, or 114% for new individual single-family residential units constructed on a lot located in an existing subdivision 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. 7. 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 Resolution No. 21723 Page 9 MM 111-8 Construction operations affecting off -site roadways shall be scheduled for off-peak traffic hours and shall minimize obstruction of through traffic lanes. MM V-1 As there is always a possibility of buried cultural and paleontological resources in a project area, should buried cultural deposits be encountered, the developer shall contact the Director of Planning Services. Following consultation, the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate the find. If necessary, the qualified archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Aqua Caliente Cultural Resource Coordinator for approval. Human remains discovered shall be handled consistent with state law provisions. MM XI -I The project applicant shall demonstrate that all on -site residential units shall be designed to meet the City of Palm Springs noise standards (65 CNEL in outside activity areas and 45 CNEL in interior living areas). The project applicant shall demonstrate compliance through the submittal of building and site improvement plans that provide details regarding sound barrier heights, additional insulation and building materials used to maintain interior noise levels, building and window orientation, and other measures to reduce noise exposure levels to City noise standards. A qualified noise consultant shall be retained to ensure that project and building designs will meet City noise exposure standards. Evidence of compliance with this mitigation measure shall be provided to the City prior to the issuance of any building permits. MM XI-2 The developer shall provide a disclosure to prospective future owners of condominiums that the project meets the minimum code standards, but that noise is likely to be audible. MM XI-3 All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and the engines shall be equipped with shrouds. MM XI-4 All construction equipment shall be in proper working order and maintained in a proper state of tune to reduce backfires. MM XI-5 Stockpiling and vehicle staging areas shall be located in the northern portion of the site. MM XI-6 Parking, refueling and servicing operations for all heavy equipment and on -site construction vehicles shall be located in the northern portion of the site. Resolution No. 21723 Page 11 CC&R's 10. The applicant prior to issuance of building permits shall submit three (3) sets of a draft declaration of covenants, conditions and restrictions (CC&R's) to the Director of Planning Services 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 submitted with a list of the adopted conditions of approval and an indication of where applicable conditions are addressed in the CC&R's. The CC&R's shall be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances. 11. The applicant shall submit to the City of Palm Springs, a deposit in the amount of$3,500 for the review of the CC&R's by the City Attorney. A filing fee, in accordance with the fee schedule adopted by the City Council, shall also be paid to the City Planning Services Department for administrative review purposes. (Final Design 12. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, prior to issuance of a building permit, Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. 13 An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning Services prior to the issuance of building permits. Manufacturer's out sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down -lights shall be utilized. No lighting of the hillside is permitted. Public Safety CFO 14. The Project will bring a significant number of 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 Code 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, Resolution No. 21723 Page 13 23. The design, height, texture and color of building@), fences and walls shall be submitted for review and approval prior to issuance of building permits. 24. The street address numbering/lettering shall not exceed eight inches in height. 25. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. 26. 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. Engineering Division Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 2. Submit street improvement plans prepared by a California Registered Civil Engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. 34TH AVENUE 3. Construct a 6 inch curb and gutter located 20 feet north of centerline along the frontage with an appropriate transition to the existing 6 inch curb and gutter located 32 feet north of centerline at the southwest corner of the site in accordance with City of Palm Springs Standard Drawing No. 200. 4. Construct a 40 feet wide driveway approach (Main Entry) in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the Main Entry shall be aligned with the centerline of Lawrence Street. The gated entry design, including widths of ingress and egress lanes, shall be subject to the review and approval by the Fire Marshall. Emergency access shall be provided to the Fire Department. 5. The second gated entry onto 34th Avenue is not approved; the access shall be limited to emergency access for the benefit of the City of Palm Springs. The Resolution No, 21723 Page 15 necessary to provide a turn -around maneuvering area for the north end of the 15 feet wide access road along the Dinah Shore Drive embankment slope. The layout of the turn -around maneuvering area shall be submitted to the City Engineer for review and approval. 13. Construct a retaining wall in accordance with a Geotechnical Report and designed by a California registered Engineer, along the easterly property line to support the proposed embankment for the access road to the Dinah Shore Drive Bridge embankment slope, as generally indicated in Typical Section "D" and Detail 1 on Tentative Tract Map 32736. The retaining wall shall be designed using appropriate loading caused by maintenance vehicles on the access road. The structural retaining wall design shall be submitted to and approved by the Building Department prior to approval of a grading plan. 14. Construct a 15 feet wide access road in accordance with a Geotechnical Report and designed by a California registered Engineer, on the easterly side of the proposed retaining wall along the easterly property line. The access road shall be designed for maintenance vehicles and shall be gated at the south end. The access road shall be surfaced with clean gravel. ON -SITE PRIVATE STREETS '15. It is recommended that the configuration of several Units and their associated driveways be revised to improve on -site circulation. Specifically, the driveway access to Units 1 to 6, Units 7 to 10, Units 12 to 14, Units 15 to 18, Units 21 to 24, and Units 37 to 39 are arranged in a manner that may not provide efficient on -site circulation. 16. The on -site layout of streets and parking spaces is subject to further review and approval by the City Engineer. Adjustment of proposed street alignments, and deletion or relocation of proposed parking spaces may be required during review and approval of construction plans for on -site improvements, as required by the City Engineer. Approval of the preliminary site plan does not constitute approval of the on -site layout of streets and parking spaces as proposed. 17. The traffic circle shall be subject to further review and approval by the City Engineer and Fire Marshall. The proposed traffic circle shall not exceed 20 feet in diameter. Construct all traffic circles with a minimum outside curb radius of 43 feet throughout the traffic circle. 18. An accessible pedestrian path of travel shall be provided throughout the development, as may be required by applicable state and federal laws. An accessible path of travel shall be constructed of Portland cement concrete, Resolution No. 21723 1 Page 17 the on -site private sewer mains, are subject to separate review and approval by the Building Division. 25. The on -site private sewer system shall not connect to the existing sewer manhole within 34th Avenue. The on -site sewer system shall connect to the sewer main with a standard sewer lateral connection in accordance with City of Palm Springs Standard Drawing No. 405. 26. 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 27. 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 grading permit. a. 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 $.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 AQMD at (909) 396-3752, or at www.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 Precise Grading and Paving plan. b. The first submittal of the Precise Grading and Paving 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 Tentative Tract Resolution No. 21723 Page 19 including mechanical or other means for pre -treating stormwater runoff, may be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPI7ES Permit, that effectively intercept and pre -treat stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. If required, such measures shall be designed and installed on -site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development. 35. Submit storm drain improvement plans for all on -site storm drainage system facilities for review and approval by the City Engineer, 36. Construct drainage improvements, including but not limited to catch basins, and storm drain lines, for drainage of on -site streets into the on -site underground retention system, as described in the Hydrology and Hydraulic Study for Mountain Terraces at Indian Oasis, Tentative Tract No. 32736, prepared by Jones, Cahl & Associates, revised March 9, 2005. The hydrology study for Tentative Tract Map 32736 shall be amended to include catch basin sizing, storm 1 drain pipe sizing, and underground retention system sizing calculations and other specifications for construction of required on -site storm drainage improvements. 37. The applicant is advised that the proposal for an underground retention system within the landscaped parkway along 34th Avenue may preclude the ability to install appropriate landscaping as may be required by the Department of Planning Services. The underground retention system shall be designed at a sufficient depth to allow typical landscape planting, including trees, and in a manner that does not interfere with the ability of the system to receive runoff in the future. 38. The underground retention system shall be installed on -site and not within the public right-of-way. The underground stormwater retention system shall be sized to have a sufficient capacity equal to the volume of increased stormwater runoff due to development of the site, as identified in a final hydrology study approved by the City Engineer. A decrease to the required retention volume may be allowed for percolation of the stormwater runoff into the underlying gravel and soil, not to exceed 2 inches per hour or as otherwise supported by a percolation test at the site. Provisions for maintenance of the underground stormwater retention system shall be included in Covenants, Conditions, and Restrictions (CC&R's) for the Home Owners Association (HOA), including reference to the fact that maintenance and/or replacement of the system may require removal of existing landscaping improvements within the landscape parkway at the sole expense of the HOA. The CC&R's shall reserve the right of the City to inspect Resolution No. 21723 Page 21 undergrounding requirement and their intent to commence design of utility undergrounding plans. When available, a utility undergrounding plan shall be submitted to the Engineering Division identifying all above ground facilities in the area of the project to be undergrounded. Undergrounding of existing overhead utility lines shall be completed prior to issuance of a certificate of occupancy_ 44. All existing utilities shall be shown on the improvement plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. 45. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 46. The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing "as -built" information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 47. Nothing shall be constructed or planted in the corner cut-off area of any (intersection or) driveway 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. 48. 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. 49. The City's embankment slope parcel may be landscaped, if required by the Director of Planning Services or if requested by the applicant. In either case, the applicant shall submit an application for an Encroachment Agreement for installation and maintenance of landscaping within the City's embankment slope parcel, The applicant will be required to include provisions in the Covenants, Conditions and Restrictions (CC&R's) for this project which require the perpetual maintenance of the landscaping on the City's embankment slope parcel, including liability for all damages and for repair to the embankment slope and/or the Dinah Shore Drive street and bridge improvements in the event of failure of the City's embankment slope due to the applicant's use of the parcel. Resolution No, 21723 Page 23 Minimum clearance on public sidewalks (or pedestrian paths of travel) shall be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the 34th Avenue frontage 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 permit. Waste Disposal: 1. Trash cans shall be screened from view and kept within fifty (50) feet of the street. Police Department: I. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. Building Department: I . Prior to any construction on site, all appropriate permits must be secured. Fire Department: I. Premises Identification. 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) 2, Residential Smoke Detector Installation: Provide Residential Smoke Detectors. Detectors shall receive their primary power from the building wiring, and shall be equipped with a battery backup. (310.9.1.3 CBC) In new construction, detectors shall be interconnected so that operation of any smoke detector causes the alarm in all smoke detectors within the dwelling to sound. (2- 2.2.1 NFPA 72) Provide a note on the plans showing this requirement. 1 3. Fire Sprinklers Required: An automatic fire sprinkler system is required by local ordinance. Only a C-16 licensed fire sprinkler contractor shall perform system Resolution No. 21723 Page 25 11. Eire Flow: The required fire flow for this project is 1500 gallons per minute. END OF CONDITIONS