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Home My WebLink About21796 - RESOLUTIONS - 1/3/2007 RESOLUTION NO. 21796 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 34289 TO SUBDIVIDE AN APPROXIMATE 18-ACRE PARCEL INTO EIGHT PARCELS, SMOKE TREE COMMONS SHOPPING CENTER, LOCATED AT THE SOUTHWEST CORNER OF EAST PALM CANYON DRIVE AND BARONA ROAD, PDD 312, SECTION 36. WHEREAS, Donahue Schreiber Realty Group (the "Applicant") has filed an application with the City pursuant to the City of Palm Springs Municipal Code Section 9.60 for a Tentative Parcel Map to subdivide an approximately 18-acre site previously approved for a shopping center located at the southwest corner of East Palm Canyon Drive and Barona Drive, Zone PDD 312, Section 36; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Tentative Tract Map 34289 was given in accordance with applicable law; and WHEREAS, on December 13, 2006, a public hearing on the application for Tentative Parcel Map 34289 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 an Environmental Assessment has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to consider Tentative Parcel Map 34289, was given in accordance with applicable law; and WHEREAS, on January 3, 2007, a public hearing on the application for the project was held by the City Council in accordance with applicable law; and WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the City Council has considered the effect of the proposed project on the commercial/retail needs of the community, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources; 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. 21796 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 the previously certified Final Environmental Impact Report (FEIR) adequately addresses the general setting of the project, its potentially significant Impacts, and the mitigated measures related to each significant effect for the proposed project. The City Council further finds that with the certification of the Final Environmental Impact Report (FEIR), potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance. Section 2: Pursuant to Section 66474 of the Subdivision Map Act, the City Council makes the following findings: a. The proposed Tentative Parcel Map is consistent with all applicable general and specific plans. The proposed Tentative Parcel Map is consistent with the goals and objective of the General Plan designation of C-S-C (Community Shopping Center) which , governs the subject property as well as all property adjacent to the subject site. The applicant is proposing 8 commercial parcels on an approximately 18-acre parcel; this proposal is within the required lot sizes of community shopping center uses. 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 is consistent with the zoning designation of C-S-C, which allows the development of commercial/retail uses on each parcel at the proposed location. The proposed subdivision and the provision for its design and improvements comply with the applicable development standards for streets and parcel design. C. The site is physically suited for this type of development The project site is relatively flat and each parcel contains adequate developable building area. There are no known bodies of water, ravines, or significant topographic features on the subject property. d. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitat. , Resolution No, 21791 Page 3 The Final Environmental Impact Report (FEIR) prepared for the site determined that with the implementation of proposed mitigation measures, any environmental impacts affecting traffic, aesthetics, animals or plants will be mitigated to a level of less than significant. As stated earlier, there are no known bodies of water on the subject property and therefore no fish will be disturbed. e. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the proposed subdivision includes the provision of public water and sewer systems, a drainage design that protects other commercial sites while providing water quality basins, and a street system which is consistent with City Standards. f. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. There are no known public easements across the subject property; therefore, the design of the subdivision will not conflict with any public easements for access through or use of the property. The applicant is required to dedicate necessary easements for public access and circulation in and around the new subdivision. Section 3: The City Council hereby approves Tentative Parcel Map 34289, subject to those conditions set forth in the attached Exhibit A. ADOPTED this 3 d day of Janua , 2007. David H. Ready, City ger ATTEST: �, mes Thy o mpson, City�Clerk Resolution No. 21796 Page 4 ' 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. 21796 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 the 3rd day of January, 2007, by the following vote: AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, Mayor Pro Tern Pougnet, and Mayor Oden. NOES: None. ABSENT: None. ABSTAIN: None. i es Thompson, City Clerk ity of Palm Springs, California 1 1 Resolution No. 21796 Page 5 EXHIBIT A CITY OF PALM SPRINGS CONDITIONS OF APPROVAL JANUARY 3, 2007 TENTATIVE PARCEL MAP 34289 SMOKE. TREE COMMONS SHOPPING CENTER SW CORNER OF EAST PALM CANYON DRIVE AND BARONA ROAD 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 1 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 that 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 34289. 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, 21796 Page 6 ' 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 the Subdivision Map Act, Section 66473.1 the design of the subdivision shall provide, to the extent feasible for future passive or natural heating or cooling opportunities in the subdivision. 5. That the property owner(s) and successors and assignees in interest shall maintain all site improvements free from waste and debris, including sidewalks, bikeways, parking areas, landscape, irrigation, lighting, walls, and fences between the curb and property line, including any easement areas that extend onto private property 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. 6. Prior to recordation of the final subdivision map, the developer shall submit for review and approval the following documents to the Planning Department which shall demonstrate that the project will be developed and maintained in accordance with the intent and purpose of the approved tentative map: a. The document to convey title b. Deed restrictions, easements, of Covenant Conditions and c. Restrictions to be recorded. 7. The approved documents shall be recorded at the same time that the subdivision map is recorded. The documents shall contain provisions for joint access to the proposed parcels, open space restrictions. The approved documents shall contain a provision, which provides that they may not be terminated or substantially amended without the consent of the City and the developer's successor-in-interest- Resolution No. 11711 Page 7 ENGINEERING DEPARTMENT GENERAL 1. All requirements and improvements identified in Exhibit A (Conditions of Approval) of Resolution No. 21609 adopted June 7, 2006, for Case No. 5.1050, PD 312, are incorporated herein by reference. MAP 2. 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 parcels created there from, and copies of record documents shall be submitted with the Parcel Map to the Engineering Division as part of the review of the Map. 3. In accordance with Section 66445 Q) of the Government Code, the existing public right-of-way for the East Palm Canyon Drive frontage road (the southerly 51 feet of right-of-way) may be abandoned upon the filing of a Parcel Map identifying the 1 abandonment of the right-of-way granted to the City of Palm Springs. Prior to approval of a Parcel Map, the applicant shall coordinate with each public utility company and determine specific requirements as to the abandonment and/or relocation of existing underground utilities that may exist within the public right-of- way to be abandoned. 4. Prior to approval of a Parcel Map abandoning public right-of-way, all required underground utility relocations shall be completed to the satisfaction of the respective public utility agency; and the applicant shall provide the City Engineer with a letter of approval regarding the proposed abandonment of public right-of- way from each public utility agency. 5. The applicant shall be required to enter into an agreement that provides the City of Palm Springs with an exclusive right of entry onto the subject property with the right to remove all abandoned street improvements at the applicant's expense, in the event removal of the abandoned street improvements is not completed within two (2) years following approval of a Parcel Map by the City Council. The agreement shall be secured with appropriate subdivision security, as approved by the City Attorney, and said security shall be available to the City upon notice from the City Engineer that the applicant has failed to perform its obligations as required by the agreement. The applicant shall provide written estimates of cost to remove all abandoned street improvements, abandonment and/or relocation of all existing underground utilities, and construction of street improvements as necessary, subject to the approval of the City Engineer. Estimates of costs related to public utility abandonment and/or relocation shall be determined by the Resolution No. 21796 Page 8 respective utility agency, as appropriate. The agreement shall be executed by the applicant prior to approval of a Parcel Map by the City Council. The developer shall submit a deposit of $2,600 for preparation of the agreement, and shall be subject to actual costs associated with its preparation by the City Attorney. 6. In accordance with Government Code Section 66411.1, the Tentative Parcel Map is a subdivision of five or more parcels, and is subject to construction of all required public improvements. Prior to approval of a Parcel Map, all required public improvements shall be completed to the satisfaction of the City Engineer, or shall be secured by a construction agreement in accordance with Government Code Section 66462. 7. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Attorney for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be approved by the City Attorney prior to approval of the Parcel Map. 8. Upon approval of a parcel map, the parcel map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.LS. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. , digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U,S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file) ), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 9. Relocation or abandonment of record easements across the property shall be performed in conjunction with or prior to approval of a parcel map. An easement, identified as an easement for ingress, egress, and incidental purposes, recorded in Book 695, Page 415, as Instrument No. 1905 on September 12, 1945, shall be extinguished, quit-claimed, relocated or abandoned to facilitate development of the subject property. All record easements shall be extinguished, quit-claimed, relocated or abandoned to facilitate development of the subject property. Without evidence of such, proposed individual parcels encumbered by existing record easements are rendered unbuildable until such time as these easements are removed of record and are not an encumbrance to the affected parcels. ' END OF CONDITIONS rN THE a-ry OF PALM SPRINGS COUNTY OF RiVEFIWDE, STATE OF CALIFORNIA i ENTA71VE AH%llillirl PARCEL MAP NO. 84289 TR 96F4 =ir 1.lli7a.ill rn% ` "••`••.r•m•� •^+SKr• a• � e -- - - - 3w89 NCAtitlO rilYd f5V3 I FillIF PARCEL 1 PM 7967 +d2 FMCS■ I.d3 AC o, �r I• nv , I lAll n� � I CEL 2 PMR7907 3 29 AC RfiPS 4' � F 9 r �19.0 fS (( � NiV�15. I '�• st�auxv.uiwe ••�•'� ' A i tAS.tl S.P. tl,iEl Sl. ul,Fu 3 v'ww:v. �mns vs u e�w'ir�•�r. 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