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HomeMy WebLinkAbout21818 - RESOLUTIONS - 2/7/2007' RESOLUTION NO. 21818 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 31968 TO SUBDIVIDE APPROXIMATELY 37.34 ACRES INTO EIGHT PARCELS FOR THE SPRINGS SHOPPING CENTER LOCATED AT THE NORTHEAST CORNER OF RAMON ROAD AND GENE AUTRY TRAIL, ZONE PD-291, SECTION 17. WHEREAS, Geiger, LLC (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 37.34-acre site previously approved for a shopping center located at the northeast corner of Gene Autry Trail and Ramon Road, Zone PDD 291, Section 17; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Tentative Tract Map 31968 was given in accordance with applicable law; and ' WHEREAS, on January 24, 2007, a public hearing on the application for Tentative Parcel Map 31968 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 31968, was given in accordance with applicable law; and WHEREAS, on February 7, 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. 21818 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 objectives of the General Plan for the IND designation are to (a) ' develop support service industries for commercial and hotel uses, (b) provide industrial development which is secondary to the City's principal tourism uses that do not adversely affect the resort-residential environment, and (c) establish Palm Springs as the corporate headquarters center within the Coachella Valley. Individual tenants include various food services and commercial and retail operations, which will enhance City's commercial support industries. This TPM assists in achieving these goals by giving individual tenants' within the Springs Shopping Center ownership, Therefore, the proposed Tentative Parcel Map is consistent with the goals and objective of the General Plan designation of IND (Business/Industrial) which governs the subject property as well as property adjacent to the subject site. 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 PD-291, 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. ' ' Resolution No, 21818 Page 3 G. 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. 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 31968, subject to those conditions set forth in the attached Exhibit A. ADOPTED this 7" day of February, 2007. David H. Ready, City NJ io er ATTEST: ' ;;We2s2nT=ompson, City Clerk Resolution No. 21818 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. 21818 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 7th day of February, 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. yoesTorn'pson h , City Clerk ' fPamprings, California 1 Resolution No, 21818 Page 5 EXHIBIT A TENTATIVE PARCEL MAP 31968 CONDITIONS OF APPROVAL THE SPRINGS SHOPPING CENTER NE CORNER OF GENE AUTRY TRAIL AND RAMON ROAD CITY COUNCIL FEBRUARY 7, 2007 Before final acceptance of the project, all conditions listed below shall be i 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. i Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ' PROJECT SPECIFIC CONDITIONS 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 31968. 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, Resolution No, 21818 Page G , 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, 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 Na. 21818 Page 7 ENGINEERING DEPARTMENT MAP 1. 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 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. 2. 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.I.S. 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. FIRE DEPARTMENT 1. Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan shall be provided to the fire department. This shall clearly show all access points & fire hydrants. 2. Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) Minimum Access Road Dimensions: a. Private streets shall have a minimum width of at least 20 feet, pursuant to California Fire Code 902.1 however, a greater width for private streets may be required by the City engineer to address traffic engineering, parking, and other issues. The Palm Springs Fire Department requirements for two-way private streets, is a minimum Resolution No. 21818 ' Page 8 width of 24 feet, unless otherwise allowed by the City engineer. No parking shall be allowed in either side of the roadway. b. Roads must be 30 feet wide when parking is not allowed on only one side of the roadway. c. Roads must be 40 feet wide when parking is not restricted. 3. Road Design: Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds GVW. (902.2.2.2 CFC) The minimum inside turning radius is 30 feet, with an outside radius of 45 feet. 4. Turn-Around Requirements: Dead-end fire apparatus access roads in excess of 160 feet in length shall be provided with approved provisions for the turning around of fire apparatus. (902.2.2.4 CFC) The City of Palm Springs has two approved turn around provisions. One is a cul-de-sac with an outside turning radius of 45 feet from centerline. The other is a hammerhead turnaround meeting the Palm Springs Public Works and Engineering Department standard dated 9-4-02. 5. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site. (903 CFC). Installation, testing, and inspection will meet the requirements of NFPA 24 1995 edition. Prior to final approval of the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the Fire Department. (9-2.1 NFPA 24 1995 edition) 6. Fire hydrant systems: Following Fire Department selection of hydrant locations plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. (901.2.2.2 CFC). All fire hydrants shall be installed in accordance with Mission Springs Water District specifications and standards. No landscape planting, walls, fences, signposts, or aboveground utility facilities are permitted within 3 feet of fire hydrants, or in line with hose connections. END OF CONDITIONS