HomeMy WebLinkAbout22372 - RESOLUTIONS - 11/5/2008 RESOLUTION NO. 22372
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE
PARCEL MAP 35958 TO SUBDIVIDE AN APPROXIMATE
6.55 ACRE PARCEL FOR CONDOMINIUM PURPOSES
FOR THE PROPOSED DESERT OASIS INDUSTRIAL
LOFTS LOCATED AT 400 WEST SAN RAFAEL DRIVE,
ZONE M-1, SECTION 34.
WHEREAS, Avalon Development Incorporated, "Applicant", has filed applications with
the City pursuant to Section 9.62 of the Municipal Code a Tentative Parcel Map (Case
No. TPM 35958) to subdivide approximately 6.55 acres at 400 West San Rafael Drive,
APN 680-170-044; and
WHEREAS, the Applicant has filed Tentative Parcel Map 35958 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, on August 13, 2008, the Planning Commission reviewed the proposed
project and voted to recommend approval of the subdivision to the City Council; and
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to
consider TPM 35958 was given in accordance with applicable law; and
WHEREAS, on November 5, 2008, a meeting 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 hearing on the project, including but not limited to the
staff report, all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY FINDS AS
FOLLOWS:
SECTION 1. Pursuant to CEQA, the City Council finds that the previously certified
Negative Declaration adequately addresses the general setting of the project and its
potentially significant impacts for the proposed project.
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.
Resolution No. 22372
Page 2
SECTION 3. Pursuant to Section 66474 of the Subdivision Map Act, the City Council
finds:
a. The proposed Tentative Parcel Map is consistent with all applicable general and
specific plans.
The General Plan designation of the subject site is Mixed Use / Multi-Use, which
states "specific uses intended in these areas include community-serving retail
p Y 9
commercial, professional offices, service businesses, restaurants, daycare
centers, public and quasi-public uses."
Land Use Policy LU3.1 states, "encourage well-planned research and
development areas and business parks that contain coordinated design
guidelines and enhanced amenities."
Land Use Policy LU3.6 states, "encourage the development of small-scale
manufacturing uses that support the designer home furnishing shops, galleries,
and other design-related uses."
The proposed subdivision is to allow the sale of fifty-eight industrial lofts. These
lofts were approved in seven buildings on a vacant lot and will be a coordinated
design for a well-planned research and business park. The M-1 Zone is
"intended to provide for the development of service industries for commercial and
hotel uses and for industrial uses which include fabrication, manufacturing,
assembly or processing of materials that are in already processed form and
which do not in their maintenance, assembly, manufacture or plant operation
create smoke, gas, odor, dust, sound, vibration, soot, glare or lighting to any
degree which might be obnoxious or offensive to persons residing in or
conducting business in either this or any other zone." Uses permitted within the
M-1 Zone support designer home furnishing shops and may include cabinet /
carpenter machinery shop, manufacturing and treatment of wood, furniture
upholstering, etc.
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 M-1, which
allows the development of commercial/industrial 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- 22372
Page 3
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.
The Negative Declaration prepared for the site determined that the impacts of the
project were less than significant to any environmental impacts affecting traffic,
aesthetics, animals or plants. 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 project site.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council hereby approves Tentative Parcel Map 35958, subject to those conditions set
forth in Exhibit A, which are to be satisfied unless otherwise specified.
ADOPTED this 5�h day of November, 2008.
David H. Ready, i nager
ATTEST:
ames Thompson, City Clerk
Resolution No- 22372
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. 22372 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 5th day of November,
2008, by the following vote:
AYES: Councilmember Hutcheson, Councilmember Weigel, Mayor Pro Tern Foat,
and Mayor Pougnet-
NOES: None-
ABSENT: Councilmember Mills.
ABSTAIN: None.
J5ii-Kes Thompson, City Clerk yJ !z S .?Ov6
y of Palm Springs, California A I
Resolution No. 22372
Page 5
EXHIBIT A
CITY COUNCIL
CONDITIONS OF APPROVAL
TPM 35958
Avalon Development Incorporated
Desert Oasis Industrial Lofts
400 West San Rafael Drive
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, 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.
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 35958_ 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. 22372
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. 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.
6. 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
s u cces so r-i n-i me rest.
7. The applicant shall submit to the City of Palm Springs, a deposit in the amount of
$3500, for the review of the CC&R's by the City Attorney. A filing fee of $675, 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.
ENGINEERING DEPARTMENT
GENERAL
1. All requirements and improvements identified in Exhibit A (Conditions of
Approval) of Planning Commission Resolution No. 6078 adopted March 28,
2007, for Case No. 3.2826, are incorporated herein by reference.
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Page 7
RADIO ROAD
2. Dedicate an additional 3 feet to provide the ultimate half street right-of-way width
of 33 feet along the entire frontage of the subject property, in accordance with
City of Palm Springs Municipal Code Chapter 9.62.060.
3. Dedicate an easement 1 foot wide along the back of the proposed driveway
approaches for sidewalk purposes, in accordance with City of Palm Springs
Municipal Code Chapter 9.62.060.
MAP
4. 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. The Parcel Map shall
be approved by the City Council prior to issuance of building permits.
5. 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.
6. 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, or in the absence of a
Parcel Map, shall be submitted and approved by the City Attorney prior to
issuance of a Certificate of Occupancy.
7. 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
Resolution No. 22372
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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. These conditions are subject to final plan check and review. Initial fire
department conditions have been determined on the preliminary site plan dated
January 17, 2008.
2. Fire Department Conditions were based on the 2007 California Fire Code. Four
complete sets of plans for private fire service mains, fire alarm, or fire sprinkler
systems must be submitted at time of the building plan submittal.
3. 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.
4. Fencing Requirements (8.04.260 PSMC): Construction site fencing with 20 foot
wide access gates is required for all combustible construction over 5,000 square
feet. Fencing shall remain intact until buildings are stuccoed or covered and
secured with lockable doors and windows.
5. Access During Construction (CFC 503): Access for firefighting equipment shall
be provided to the immediate job site at the start of construction and maintained
until all construction is complete. Fire apparatus access roads shall have an
unobstructed width of not less than 20 feet and an unobstructed vertical
clearance of not less than 13'6". Fire Department access roads shall have an all
weather driving surface and support a minimum weight of 73,000 lbs.
6. Fire Apparatus Access Gates (8.04.260 PSMC): Entrance gates shall have a
clear width of at least 15 feet and be equipped with a frangible chain and
padlock.
7. Fire Department Access: Fire Department Access Roads shall be provided and
maintained in accordance with (Sections 503 CFC)
MINIMUM ACCESS ROAD DIMENSIONS:
1. Fire apparatus access roads shall have an unobstructed width of not less
than 20 feet, 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 width of 24 feet is required for this project, unless otherwise
allowed by the City engineer. No parking shall be allowed in either side of
the roadway.
2. Roads must be 30 feet wide when parking is not allowed on only one side
of the roadway.
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3. Roads must be 40 feet wide when parking is not restricted.
8. Buildings and Facilities (CFC 503.1.1): Approved fire apparatus access roads
shall be provided for every facility, building or portion of a building hereafter
constructed or moved into or within the jurisdiction. The fire apparatus access
road shall comply with the requirements of this section and shall extend to within
150 feet (45 720 mm) of all portions of the facility and all portions of the exterior
walls of the first story of the building as measured by an approved route around
the exterior of the building or facility.
9. Dimensions (CFC 503.2.1): Fire apparatus access roads shall have an
unobstructed width of not less than 24 feet except for approved security gates in
accordance with Section 503.6 and an unobstructed vertical clearance of not less
than 13 feet 6 inches.
10. Surface (CFC 503.2.3): Fire apparatus access roads shall be designed and
maintained to support the imposed loads of fire apparatus (73,000 lbs. GVW) and
shall be surfaced so as to provide all-weather driving capabilities.
11. Turning radius (CFC 503.2.4): The required turning radius of a fire apparatus
access road shall be determined by the fire code official. Fire access road turns
and corners shall be designed with a minimum inner radius of 25 feet and an
outer radius of 43 feet. Radius must be concentric.
12. Dead Ends (CFC 5032.5): Dead-end fire apparatus roads in excess of 150 feet
in length shall be provided with an approved area for turning around fire
apparatus. The City of Palm Springs has two approved turn around provisions.
One is a cul-de-sac with an outside turning radius of 43 feet from centerline. The
other is a hammerhead turnaround meeting the Palm Springs Public Works and
Engineering Department standard dated 9-4-02.
13. Aerial Fire Access Roads (CFC 503.2.8): Buildings or portions of buildings or
facilities exceeding 30 feet in height above the lowest level of fire department
vehicle access shall be provided with approved fire apparatus access roads
capable of accommodating fire department aerial apparatus. Plans indicate that
some buildings will be 40' in height. Overhead utility and power lines shall not be
located within the aerial fire apparatus access roadway.
14. Aerial Fire Access Road Width (CFC 503.2.8.1): Fire apparatus access roads
shall have a minimum unobstructed width of 26 feet in the immediate vicinity of
any building or portion of building more than 30 feet in height.
15. Aerial Access Proximity to Building (CFC 503.2.8.2): At least one of the required
access routes for buildings or facility exceeding 30 feet in height above the
Resolution No. 22372
Page 10
lowest level of fire department vehicle access shall be located within a minimum
of 15 feet and a maximum of 30 feet from the building and shall be positioned
parallel to one entire side of the building.
16. Security Gates (CFC 503.6): The installation of security gates across a fire
apparatus access road shall be approved by the fire chief. Where security gates
are installed, they shall have an approved means of emergency operation. The
security gates and the emergency operation shall be maintained at all times.
Approved security gates shall be a minimum of 14 feet in unobstructed drive
width on each side with gate in open position.
17, Premises Identification (CFC 505.1): New and existing buildings shall have
approved address numbers, building numbers or approved building identification
placed in a position that is plainly legible and visible from the street or road
fronting the property. These numbers shall contrast with their background.
Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be
a minimum of 4" high with a minimum stroke width of 0.5".
18. Key Box Required to be Installed (CFC 506.1): Where access to or within a
structure or an area is restricted because of secured openings or where
immediate access is necessary for life-saving or fire-fighting purposes, the fire
code official is authorized to require a key box to be installed in an approved
location.
19. Location of Knox boxes: A Knox box shall be installed at every locked gate.
Boxes shall be mounted at 5 feet above grade. Show location of boxes on plan
elevation views. Show requirement in plan notes.
20. Key Box Contents (CFC 506.1): The Knox key box shall contain keys to all areas
of ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical
rooms, elevator rooms, elevator controls, plus a card containing the emergency
contact people and phone numbers for the building/complex.
21. Fire Hydrant Flow and Number of Fire Hydrants (CFC 508.5): Fire hydrants shall
be provided in accordance with CFC Appendix III-B for the protection of
buildings, or portions of buildings, hereafter constructed. The required fire
hydrant flow for this project is estimated as follows:
Phase 1
• Building A = 9,325 S.F. Type V-B with fire sprinklers 1,500 GPM
• Building B = 14,886 S.F. Type V-B with fire sprinklers 1,500 GPM
• Building C = 23,876 S.F. Type V-B with fire sprinklers 1,500 GPM
• Building D = 23,876 S.F. Type V-B with fire sprinklers 1,500 GPM
Resolution No. 22372
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Phase 2
• Building E = 23,876 S.F. Type V-B with fire sprinklers 1,500 GPM
• Building F = 23,876 S.F. Type V-B with fire sprinklers 1,500 GPM
• Building G = 2,630 S.F. 1,500 GPM
22. Operational Fire Hydrant(s) (CFC 508.1, 508.5.1 & 1412.1): Operational fire
hydrant(s) shall be installed within 250 feet of all combustible construction. They
shall be installed and made serviceable prior to and during construction. No
landscape planting, walls, or fencing is permitted within 3 feet of fire hydrants,
except ground cover plantings.
23. Water Plan (CFC 501.3 & 901.2): A water plan for on-site and off-site is required
and shall include underground private fire main for fire sprinkler riser(s), public
fire hydrant(s), Double Check Detector Assembly, Fire Department Connection
and associated valves.
24. NFPA 13 Fire Sprinklers Required: An automatic fire sprinkler system is required
for buildings A, B, C, D, E, and F. Only a C-16 licensed fire sprinkler contractor
shall perform system design and installation. System to be designed and
installed in accordance with NFPA 13, 2002 Edition, except the seismic bracing
and restraints shall comply with NFPA 13, 2007 Edition using Cp of 0.74 and I/r
Ratio of 200. No portion of the fire sprinkler system shall be installed prior to plan
approval. Prior to final approval of the installation, contractor shall submit a
completed Contractors Material and Test Certificate for Aboveground Piping to
the Fire Department. (16.1 NFPA 13, 2002 Edition and 10.10 NFPA 24, 2002
Edition)
25. Audible Water Flow Alarms (CFC 903.4.2): An approved audible sprinkler flow
alarm (Wheelock horn/strobe # MT4-115-WH-VFR with WBB back box or equal)
shall be provided on the exterior of the building in an approved location. An
approved audible sprinkler flow alarm (Wheelock horn/strobe # MT4-115-WH-
VFR with WBB back box or equal) to alert the occupants shall be provided in the
interior of the building in a normally occupied location.
26. Valve and Water-Flow Monitoring (CFC 903.4): All valves controlling the fire
sprinkler system water supply, and all water-flow switches, shall be electrically
monitored. All control valves shall be locked in the open position. Valve and
water-flow alarm and trouble signals shall be distinctly different and shall be
automatically transmitted to an approved central station.
27. Central Station Protective Signaling Service (CFC 903.4.1): A UL listed and
certified Protective Signaling Service (Central Station Service) is required.
Provide the Fire Department with proof of listing and current certificate. The Fire
Department shall be notified immediately of change in service.
Resolution No. 22372
Page 12
28. Fire Hydrant & FDC Location (CFC 912.2): A public commercial fire hydrant is
required within 30 feet of the Fire Department Connection (FDC). Fire Hose must
be protected from vehicular traffic and shall not cross roadways, streets, railroad
tracks or driveways or areas subject to flooding or hazardous material or liquid
releases.
29. Fire Department Connections (CFC 912.2.1 & 912.3): Fire Department
connections shall be visible and accessible, have two 2.5 inch NST female inlets,
and have an approved check valve located as close to the FDC as possible. All
FDC's shall have KNOX locking protective caps. Contact the fire prevention
secretary at 760-323-8186 for a KNOX application form.
30. Fire Alarm System: Fire alarm system is required and installation shall comply
with the requirements of NFPA 72, 2002 Edition.
31. Fire Extinguisher Requirements (CFC 906): Provide one 2-A:10-B:C portable fire
extinguisher for every 75 feet of floor or grade travel distance for normal hazards.
Show proposed extinguisher locations on the plans. Extinguishers shall be
mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred
location is in the path of exit travel or near an exit door.
32. High-Piled Combustible Storage: High-piled shall be in accordance with Chapter
23 of the 2007 California Fire Code.
33. High-Piled Construction Documents (CFC 2301.3): At the time of building permit
application for new structures designed to accommodate high-piled storage or for
requesting a change of occupancy/use, and at the time of application for a
storage permit, plans and specifications shall be submitted for review and
approval. In addition to the information required by the California Building Code,
the storage permit submittal shall include the information specified in this section.
Following approval of the plans, a copy of the approved plans shall be
maintained on the premises in an approved location.
END OF CONDITIONS