HomeMy WebLinkAbout11/3/2004 - STAFF REPORTS (7) DATE: October-20, 004
1�A ✓
TO: City Council
FROM: Director of Planning Services
TENTATIVE TRACT MAP (T.M.) 31905 - AN APPLICATION BY PALM SPRINGS MARQUIS,
LLC FOR A CONDOMINIUM MAP SUBDIVIDING A 1.71 ACRE SITE INTO ONE LOT, FOR AN
EIGHTY-SIX (86) UNIT TIMESHARE PROJECT, LOCATED AT 190 CALLE ENCELIA SOUTH,
ZONE R4-VP-IL, SECTION 14.
RECOMMENDATION
The Planning Commission recommends that the City Council approve Tentative Tract Map
31905, a condominium map for an 86 unit time-share project located at 190 Calle Encilia South,
R4-VP-IL.
SUMMARY
On September 22, 2004 the Planning Commission voted to recommend that the City Council
approve this tentative tract map. The project is related to the Marquis Timeshares project, which
the Planning Commission approved on April 24, 2004. These related approvals include:
Case No. 5.0975 — CUP: A conditional use permit, including site plan, landscape plan and
elevations for eighty-six (86) Vacation Ownership units (VDU's), pools, spas and underground
parking which will be combined with the existing Marquis Timeshare project (102 units) to the
north;
Case No. 6.473 — Variance: Allows a 10-foot side yard setback and a reduction in the high-rise
setback standards; and
Arenas Street Vacation: Allows the vacation of a 20' portion of the north half of the Arenas Road
right-of-way between Calle Encilia and Calle El Segundo.
BACKGROUND
Tentative Tract Map 31905 includes a condominium map with one (1) lot for an 86-unit
timeshare project. The undeveloped 1.71 acres site is Indian land. With the vacation of 20' of
street right-of-way of Arenas Road, the total site area will increase to 1.96 acres.
The project site consists of vacant land that has been previously cleared and grubbed and has
been utilized for large-scale special events. The project site is flat and abuts three streets: Calle
Encilia, Calle El Segundo and Arenas Road. The parcel measures 130' feet wide by 450' feet
deep.
The surrounding area includes a mix of land uses including: timeshares to the north; a church to
the east; multi-family residential development to the south, and commercial uses to the west.
Tentative Tract Map 31905
City Council
October 20, 2004
Page 2
The following table lists the surrounding land uses, General Plan designations and zoning
districts.
Land use General Plan Zonin
Site Vacant 1443130 R4VP
North Timeshare, hotel RC C1AA
East Church H 43/30 R4VP
South Multi-family H43/30 R4VP
West Commercial RC C1AA
RELATEDISSUES
Two issues, the requirement for parkland dedication (Quimby Act) and the imposition of public
service fees, were raised at the Planning Commission public hearing. Because the project
serves a residential function, and owners of the future timeshares will be property owners within
the City of Palm Springs, the Planning Commission recommended that the City Council approve
the requirement that the applicant pay Quimby Act fees for future park land dedication and to
require that the developer support the formation of a community service district to fund future
public safety and recreation related expenditures generated by residents of the project.
ENVIRONMENTAL REVIEW
The proposed subdivision is Categorically Exempt from the provisions of the California
Environmental Quality Act (CEQA) per Section 15332 - Infill Development and Section 15315
Minor Land Division which is applied to the division of property in urbanized areas zoned for
residential, commercial or industrial use into four or fewer parcels that are consistent with the
General Plan and Zoning designations.
All property owners within 400 feet of the subject property were notified.
a �eH
Director of�Planning Services
City Manager a
ATTACHMENTS:
1. Vicinity Map, Tentative Tract Map
2. Planning Commission staff report (September 22, 2004)
3. Hearing Notice
4. Resolution
5. Exhibit A, Conditions of Approval ^
WORD PERFECT-HAUSERSTLAMPalm Springs Marquis7TM 31905 PC SR A\\ 1
PALM s
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* � Office of the City Clerk
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* HOOTRORATEO�R u * 3200 Tahquia Canyon Way •Palm Springs,California 92262
C'9f I FO RN�P TEL:(760)323-8204 •TDD:(760)864-9527
AFFIDAVIT
OF
MAILING NOTICES
I, the undersigned City Clerk of the City of Palm Springs, California,
do hereby certify that a copy of the Notice of Public Hearing before
the City Council of the City of Palm Springs, in conjunction with Palm
Springs Marquis, LLC, for a subdivision map, TTM 31905, to develop
an 86 unit time share project at the northwest corner of Arenas Road
and Calle Encilia, Zone R-4, Section 14, was mailed to each and
every person set forth on the attached list on the 7th day of October,
2004. A copy of said Notice is attached hereto. Said mailing was
completed by placing a copy of said Notice in a sealed envelope,
with postage prepaid, and depositing same in the U.S. Mail at Palm
Springs, California.
I declare under penalty of perjury that the foregoing is true and
correct.
Dated at Palm Springs, California, this 7th day of October, 2004.
PATRICIA A. SANDERS
City Clerk
Post Office Box 2743 0 Palm Springs, California 92263-2743
NOTICE OF EXEMPTION
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
TENTATIVE TRACT MAP 31905
An application by Palm Springs Marquis, LLC. for a subdivision map, as
required by Conditional Use Permit Case 5.0975, to develop an 86-unit
timeshare project, located on assessor's parcel number 508-082-005, on
a 1.71 acre site at the northwest corner of Arenas Road and Calle Encilia,
Zone R-4, Section 14.
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California,will hold a
public hearing at its meeting of October 20,2004.The Planning Commission meeting begins at 7:00
p.m. in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs.
The purpose of the hearing is to consider an application by Palm Springs Marquis, LLC. for a
subdivision map, as required by Conditional Use Permit Case 5.0975, to develop an 86-unit
timeshare project, located on assessor's parcel number 508-082-005, on a 1.71 acre site at the
northwest corner of Arenas Road and Calle Encilia, Zone R-4, Section 14.
This action is categorically exempt from the provisions of the California Environmental Quality Act
(CEQA) per Section 15332 (In-Fill Development Projects).
The proposed application, site plan, and related documents are available for public review daily,
between 8 am and 5 pm at the City of Palm Springs in the Planning Services Department, located at
3200 Tahquitz Canyon Way.
If any group challenges the action in court, issues raised may be limited to only those issues raised
at the public hearing described in this notice or in written correspondence at,or priorto the Planning
Commission hearing.
An opportunity will be given at said hearing for all interested persons to be heard. Questions
regarding this case maybe directed to Alex Meyerhoff, Principal Planner, (760)323-8245.Si necesita
ayuda con esta carta,porfavor(lame a la Ciudad de Palm Springs y puede hablar con Nadine Feiger,telefono
(760)323-8245.
II' II'
Publish Desert Sun: October 9, 2004
Mail: October 8, 2004
DATE: September 22, 2004
TO: Planning Commission
FROM: Director of Planning and Zoning
TENTATIVE TRACT MAP (TTM) 31905 - AN APPLICATION BY PALM SPRINGS MARQUIS,
LLC FOR A CONDOMINIUM MAP SUBDIVIDING A 1.71 ACRE SITE INTO ONE LOT, FOR AN
EIGHTY-SIX (86) UNIT TIMESHARE PROJECT, LOCATED AT 190 CALLE ENCILIA SOUTH
ZONE R4-VP-IL, SECTION 14.
RECOMMENDATION
That the Planning Commission recommend to the City Council approval of Tentative Tract Map
31905, a condominium map for an 86 unit time-share project located at 190 Calle Encilia South,
R4-VP-IL.
BACKGROUND
On April 24, 2004 the Planning Commission approved the following for the project site:
Case No. 5.0975 — CUP: Approval included the site plan, landscape plan and elevations for
eighty-six (86) Vacation Ownership units (VOU's), pools, spas and underground parking which
will be combined with the Marquis Timeshare project (102 units) to the north. The project
consists of a 79,165 square foot, three-story, 35-foot high building. The project includes a
28,884 square foot building envelope (34% lot coverage), 4,350 square feet of paving (5%) and
52,297 square feet of landscaping and open space areas (61%);
Case No. 6,473 — Variance: Allows a 10-foot side yard setback and a reduction in the high-rise
setback standards; and
Arenas Street Vacation: Allows the vacation of a 20' portion of the north half of the Arenas Road
right-of-way between Calle Encilia and Calle El Segundo.
PROJECT DESCRIPTION
Tentative Tract Map 31905 includes a condominium map with one (1) lot for an 86-unit
timeshare project. The undeveloped 1.71 acres site is Indian land. With the vacation of 20' of
street right-of-way of Arenas Road, the total site area will increase to 1.96 acres.
The project site consists of vacant land that has been previously cleared and grubbed and has
been utilized for large-scale special events. The project site is flat. The site abuts three streets:
Calle Encilia, Calle El Segundo and Arenas Road. The parcel measures 130' feet wide by 450'
feet deep.
The surrounding area includes a mix of land uses including: timeshares to the north; a church to
the east; multi-family residential development to the south, and commercial uses to the west.
Tentative Tract Map 31905
Planning Commission
September 22, 2004
Page 2
The following table lists the surrounding land uses, General Plan designations and zoning
districts.
Land use General PlanMR4VP
Site Vacant H43/30
North Timeshare, hotel RC
East Church H 43/30
South Multi-family H43/30VP
West Commercial RC
Tentative Tract Map 31905 consists of a single lot. The map depicts the lot's ultimate exterior
property boundaries and the rights-of-ways of surrounding roads. The site is surrounded on
three sides by collector streets: Arenas Road, located along the project's southerly boundary;
Calle Encilia, which bounds the property on the west and Calle El Segundo, to the east.
As part of the previous project approval, the north 20' of the Arenas Road right-of-way will be
vacated. The applicant, in conjunction with the Downtown Development Director, has designed
a special street section, which would provide for a 20' reduction in the right-of-way from 80' to
60'. Within this right-of-way, the project would include an 8' wide sidewalk, and one 12' travel
lane in each direction, and diagonal parking on the north side of the street. The special street
section would include sections of decorative paving and 21 diagonal parking spaces, consistent
with Arenas Road west of the site.
On Calle Encilia a 30' wide driveway approach will be constructed. The centerline of the
driveway approach will be located approximately 150' north of the centerline of Arenas Road.
An T wide sidewalk will be constructed behind the curb along the entire frontage.
On Calle El Segundo a 30' wide driveway will be constructed with the centerline located
approximately 150' north of the centerline of Arenas road. An 8' wide sidewalk will be
constructed behind the curb along the entire frontage.
ANALYSIS:
Tentative tract maps are subject to the Subdivision Map Act (SMA) (Sections 66410-66499.58
of the Government Code of the State of California). A subdivision is defined as the division of
improved or unimproved land for immediate or future sale, lease or financing. A tentative and
final map is required for five or more condominiums
A condominium, (as defined by California Civil Code Section 1351), is an undivided interest in
common, in portions of real property coupled with a separate interest in space called a unit,
whose boundaries are described in a recorded final map, parcel map or condominium plan. The
units may be filled with air, earth, water or a combination and need not be physically attached to
the land. A map of a condominium project doesn't need to show the buildings or the manner in
which the buildings or airspace is to be divided.
Each local agency is required by ordinance to regulate and control the initial design and
improvement of subdivisions. Subdivision design addresses the following: street alignments,
Tentative Tract Map 31905
Planning Commission
September 22, 2004
Page 3
grades and widths; drainage and sanitary facilities, utilities; required easements, fire roads and
firebreaks; lot size and configuration; traffic access, grading; land to be dedicated for park
purposes; and any other physical requirements necessary to ensure consistency with the
general plan.
Section 93.15.00 of the City's Zoning Ordinance and Chapter 3.28 of the Palm Springs
Municipal Code regulates "time-share" uses. A time-share project is one in which the right to
use or occupy real property has been divided into twelve (12) or more time periods.
A local agency, pursuant to the SMA may approve a tentative map or condominium map if it
meets specific criteria (included as findings in the attached resolution), and summarized below.
A tentative map must be consistent with a City's General Plan. The project site's General Plan
designation is High-Density Residential, H43130. This designation provides for the development
of hotels and high-density apartments. These areas are generally near the city's central core,
and accessible to airports and highways. Located within the downtown area and providing
accommodations for visitors, the proposed project is consistent with the General Plan.
The General Plan establishes a threshold density of 30 dwelling units and a maximum density
of 43 dwelling units per acre within the H43/30 designation. The proposed 86 timeshare units
will result in a density of 44 units per acre. However, in compliance with the General Plan Land
Use Element as shown on page 1-26 within the table entitled Land Use Density/Intensity, on
Indian Land (which this site is), a maximum of 86 units per acre is allowed within the High-
Density Residential H43/30 designation. Therefore, the proposed project is within the allowable
General Plan density range.
The lot area proposed by the tentative map must be physically suitable for the type and density
of development proposed. The proposed project is located within the R-4-V-P zone, (Vehicle
Parking and Large Scale Hotel and Multiple Family Residential Zone). Code Section 92.05.03
establishes the property development standards for this zone. The required minimum lot area is
2 (gross) acres. At 1.96 acres (including the Arenas Road vacation), the proposed lot is
substandard in size. However, Code Section 94.06.01, Minor Modifications authorizes the
Planning Director or Planning Commission to administratively approve slight modifications in the
provisions of the Zoning Code including a reduction of lot area by not more than 10%.
Therefore, the reduced lot size is included as part of the recommendation for project approval.
The design of a subdivision or improvements must not be in conflict with easements for access
within the proposed subdivision. The subject project property is surrounded on three sides by
collector streets. The applicant has proposed to vacate the north 20' of the Arenas Road right of
way. The applicant, in conjunction with the Downtown Development Director, has designed a
special street section, which would provide for a 20' reduction in the right of way, from 80' to 60'.
Within this right of way, the project would include an 8' sidewalks, one 12' travel lane in each
direction, and diagonal parking on the north side.
On Arenas Road, the existing street rights-of-way adjacent to the property was originally
granted as an easement from Desert Developers, Inc. in 1965 and dedicated to the City. A
Tentative Tract Map 31905
Planning Commission
September 22, 2004
Page 4
condition of project approval requires the developer to provide the City a new grant of easement
for the additional 15-19 feet of right-of-way granted by the two previous documents through the
Bureau of Indian Affairs, prior to the approval of street improvement plans.
The City Council recently adopted a policy permitting the use of special street standards.
General Plan Policy 7.1.5 allows for the creation of special road sections to achieve urban
design objectives and permits traffic calming and pedestrian oriented streetscapes. This project,
including the vacation, diagonal parking and colored concrete, is consistent with the policy.
As proposed, Tentative Tract Map 31905 is consistent with the City's General Plan and Zoning
Code and issues associated with design and access have been resolved or are addressed by
the Conditions of Approval. Staff recommends approval of the proposed tentative map.
The City of Palm Springs Engineering, Fire and Building Departments have reviewed this
application.
ENVIRONMENTAL ASSESSMENT AND NOTIFICATION
The proposed subdivision is Categorically Exempt from the provisions of the California
Environmental Quality Act (CEQA) per Section 15332 Infill Development and Section 15315
Minor Land Division which is applied to the division of property in urbanized areas zoned for
residential, commercial or industrial use into four or fewer parcels that are consistent with the
General Plan and Zoning designations.
All property owners within 400 feet of the subject property were notified.
ATTACHMENTS:
1. Vicinity Map
2. Hearing Notice
3. Resolution
4. Exhibit A, Conditions of Approval
WORD PERFECT-HAUSERS\PLAMPalm Springs Marquis\TTM 31905 PC SR
V
I
NOTICE OF EXEMPTION
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
TENTATIVE TRACT MAP 31905
An application by Palm Springs Marquis, LLC. for a subdivision map,
as required by Conditional Use Permit Case 5.0975, to develop an 86-
unit timeshare project, located on assessor's parcel number 508-082-
005, on a 1.71 acre site at the northwest corner of Arenas Road and
Calle Encilia, Zone R-4, Section 14.
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will
hold a public hearing at its meeting of October 20, 2004. The Planning Commission meeting
begins at 7:00 p.m. in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm
Springs.
The purpose of the hearing is to consider an application by Palm Springs Marquis, LLC. for a
subdivision map, as required by Conditional Use Permit Case 5.0975, to develop an 86-unit
timeshare project, located on assessor's parcel number 508-082-005, on a 1.71 acre site at the
northwest corner of Arenas Road and Calle Encilia, Zone R-4, Section 14.
This action is categorically exempt from the provisions of the California Environmental Quality
Act (CEQA) per Section 15332 (In-Fill Development Projects).
The proposed application, site plan, and related documents are available for public review daily,
between 8 am and 5 pm at the City of Palm Springs in the Planning Services Department,
located at 3200 Tahquitz Canyon Way.
If any group challenges the action in court, issues raised may be limited to only those issues
raised at the public hearing described in this notice or in written correspondence at, or prior to
the Planning Commission hearing.
An opportunity will be given at said hearing for all interested persons to be heard. Questions
regarding this case may be directed to Alex Meyerhoff, Principal Planner, (760) 323-8245. Si
necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine
Feiger, telefono (760) 323-8245.
Patricia Sanders
City Clerk
Publish Desert Sun: October 9, 2004
Mail: October 8, 2004
RESOLUTION NO: 21124
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS CALIFORNIA, APPROVING TENTATIVE TRACT MAP
31905, FOR AN EIGHTY-SIX UNIT TIMESHARE PROJECT
LOCATED AT 190 CALLE ENCILIA SOUTH, ZONE R4-VP-IL,
SECTION 14.
WHEREAS, Palm Springs Marquis, LLC. (the Applicant) has filed an application with the City
pursuant to Palm Springs Municipal Code Section 9.60 for a Tentative Tract Map for an eighty-
six unit timeshare project located at 190 Calle Encilia South, Zone R4-VP-IL Section 14; and
WHEREAS, the Applicant has filed Tentative Tract Map 31905 with the City and has paid the
required filing fees; and
WHEREAS, said Tentative Tract 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, notice of the public hearing of the Planning Commission of the City of Palm Springs
to consider Tentative Tract Map 31905, was given in accordance with applicable law; and
WHEREAS, on September 22, 2004, a public hearing on the application for Tentative Tract
Map 31905 was held by the Planning Commission in accordance with applicable law; and
WHEREAS, on September 22, 2004, at a public hearing on the application for Tentative Tract
Map 31905, the Planning Commission voted to recommend that the City Council approve said
project; and
WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to
consider Tentative Tract Map 31905, was given in accordance with applicable law; and
WHEREAS, on October 20, 2004, a public hearing on the application for Tentative Tract Map
31905 was held by the City Council in accordance with applicable law; and
WHEREAS, pursuant to Government Code Section 66412.3, the City Council has considered
the effect of the proposed subdivision, Tentative Tract Map 31905, 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 Citys obligation pursuant to its police power to protect the public health,
safety, and welfare; and
WHEREAS, the proposed subdivision, Tentative Tract Map 31905, is Categorically Exempt from
further environmental review pursuant to Sections 16332 (In-fill Development) and 15315 (Minor
Land Divisions) of the California Environmental Quality Act (CEQA); and
Resolution 21124
Page 2
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, all environmental data including the environmental assessment prepared for the project
and all written and oral testimony presented.
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA, the City Council finds that this project is Categorically Exempt
from the California Environmental Quality Act pursuant to Sections 15332 (In-fill
Development) and 15315 (Minor Land Divisions)
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.
Section 3: Pursuant to Government Code Section 66474 (Subdivision Map Act), the City
Council finds that with the incorporation of those conditions attached in Exhibit
A%
1. The proposed Tentative Tract Map is consistent with applicable general and
specific plans.
The General Plan designation for the project site is High-Density Residential
H43/30 (threshold density of 30 and a maximum of 43 dwelling units per acre).
The High Density Residential designation provides for the development of hotels
and high-density apartments, generally near the city's central core, convenient to
the major attractions of the community accessible to the airports and highways,
making it convenient and attractive to visitors.
2. The design of improvement of the proposed subdivision is consistent with the
General Plan and any applicable Specific Plan.
Pursuant to Government.Code Section 66473.5 the Planning Commission finds
that the proposed subdivision and the provisions for its design and improvement
are compatible with the objectives, polices, and general land used and program
provided in the City's General Plan. All street, drainage, and utilities
improvements are subject to the standards of the General Plan and'Conditions of
Approval associated with TTM 31905,
3. The site is physically suitable for the type and density of development
contemplated by the proposed subdivision.
Resolution 21124
Page 3
The High-Density Residential H43/30 land use designation establishes a
threshold density of 30 units and a maximum of 43 dwelling units per acre.
However, in compliance with the General Plan Land Use Element page, 1-26
chart entitled Land Use Density/Intensity on Indian Land a maximum of 86 units
per acre is allowed within the High-Density Residential H43/30 designation.
The proposed project is located within the R-4-V-P zone, (Vehicle Parking and
Large Scale Hotel and Multiple Family Residential Zone). Code Section 92.05.03
establishes the property development standards for this zone. The minimum
standard for lot area is 2 (gross) acres. The site is substandard in overall lot
area. However code Section 94.06.01, Minor Modifications authorizes the
Planning Director or Planning Commission, when it has been determined to be in
the public interest, to administratively approve slight modifications in the
provisions of the Zoning Code including a reduction of lot area or lot dimensions
by not more than 10%. Therefore, the reduced lot size is included as part of the
recommendation for project approval.
4. The design of the proposed subdivision or the proposed improvements are not
likely to cause substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat.
As an in-fill development the design of the proposed subdivision and
improvements are not likely to cause substantial environmental damage or
substantially and unavoidable injure fish or wildlife or their habitat.
5. The design of the subdivision or type of improvements is not likely to cause
serious public health problems.
The design of the subdivision and proposed improvements must follow the
conditions of approval including, but not limited to, the application of the Uniform
Building Code Seismic Safety Standards, and the City of Palm Springs Fugitive
Dust Control Ordinance in order to ensure public health and safety.
6. The design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision.
The site has frontage on three collector streets. The north 20' of the Arenas Road right-
of-way has been approved for vacation. A Variance was previously approved for a
special street section, which would provide for a 20' reduction in the street right-of-way,
from 80' to 60'. Within this right-of-way, the project would include an 8' sidewalk, one 12'
travel lane in each direction, and diagonal parking on the north side.
Resolution 21124
Page 4
On Arenas Road, the existing street rights-of-way adjacent to the property were -
originally granted as an easement from Desert Developers, Inc. in 1965 and dedicated to
the City. A new grant of easement will be provided for the additional 20 feet of right-of-
way granted by the two previous documents through the Bureau of Indian Affairs, prior to
the approval of street improvement plans.
On Calle Encilia a 30' wide driveway approach will be constructed. The centerline of
the driveway approach will be located approximately 150' north of the centerline of
Arenas Road. An 8' wide sidewalk will be constructed behind the curb along the entire
frontage.
On Calle El Segundo a 30' wide driveway will be constructed with the centerline located
approximately 150' north of the centerline of Arenas road. An 8' wide sidewalk will be
constructed behind the curb along the entire frontage.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council
hereby approves Tentative Tract Map 31905, subject to those conditions set forth in the
attached Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy
unless otherwise specified.
ADOPTED this 3rd day of November, 2004.
AYES: Members Foat; McCulloch, Mills, Pougnet and Mayor Oden
NOES: None
ABSENT: None
ABSTENTIONS: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk City Manager
Reviewed and Approved as to Form:
WORDPERFECT H:\USERS\PLAN\Palm Springs Marquis\TTM 31905 CC Reso
Tentative Tract Map 31905, Conditions of Approval
City Council
November 3, 2004
Page 1 of 4
EXHIBIT A
TENTATIVE TRACT MAP 31905
PALM SPRINGS MARQUIS, LLC
180 CALLE ENCILIA SOUTH
R4-VP-IL ZONE, SECTION 14.
November 3, 2004
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
Administrative
1. The project is subject to Section 93.15.00 of the Zoning Ordinance, the time share
ordinance for the purposes of this section, a "time-share project" is one in which time-share
rights or entitlement to use or occupy any real property or portion thereof has been divided
as defined in Section 3.24.020(7) of the Palm Springs Municipal Code into twelve (12) or
more time periods of such rights or entitlement.
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 5.0975-CUP. 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.
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
Tentative Tract Map 31905, Conditions of Approval
'City Council
November 3, 2004
Please add the following Condition to Exhibit A of Tentative Tract Map 31905 for Palm
Springs Marquis, LLC, located at 180 Calle Encilia South, R4-VP-IL Zone, Section 14.
6.a. Prior to the recordation of the final map, the Developer shall enter into a
Development Agreement with the City of Palm Springs whereby the Developer shall
agree to assess a Financial hnpact Mitigation Fee of$28.50 per interval to each unit.
Tentative Tract Map 31905, Conditions of Approval
City Council
November 3, 2004
Page 2 of 4
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 711.4 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. As the property is Indian trust land, fees as required by the Agua Caliente Band
of Cahuilla Indians Tribal Council shall be paid prior to consideration of this project by
the Planning Commission.
6. This project shall be subject to requirements for annual payments of a financial
impact mitigation fee.
CC&R's
7. The applicant prior to issuance of building permits shall submit 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
approval of a final map. 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.
8. The applicant shall submit to the City of Palm Springs, a deposit in the amount of
$2000, for the review of the CC&R's by the City Attorney. A $250 filing fee shall also be
paid to the City Planning Department for administrative review purposes.
9. The CCR's shall have a disclosure statement regarding the location of the project
relative to roadway noise, City special events, roadway closures for special events and
other activities which may occur in the Central Business District, and on Arenas Road.
Said disclosure shall inform perspective buyers about traffic, noise and other activities
which may occur in this area.
10. The required CC&R's for the project shall include a provision that day use of on-
site pool and recreation areas by timeshare owners and other individuals not currently
staying at the facility shall be prohibited.
Cultural Resources
11. Prior to any ground disturbing activity, including clearing and grubbing,
installation of utilities, and/or any construction related excavation, an Archaeologist
qualified according to the Secretary of the Interior's Standards and Guidelines, shall be
employed to survey the area for the presence of cultural resources identifiable on the
ground surface.
Tentative Tract Map 31905, Conditions of Approval
City Council
November 3, 2004
Page 3 of 4
12. Given that portions of the project area are within Section 14, the possibility of
buried resources is increased. A Native American Monitor shall be present during all
ground-disturbing activities.
a). Experience has shown that there is always a possibility of buried
cultural resources in a project area. Given that, a Native American
Monitor(s) shall be present during all ground disturbing activities including
clearing and grubbing, excavation, burial of utilities, planting of rooted
plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural
Office for additional information on the use and availability of Cultural
Resource Monitors. Should buried cultural deposits be encountered, the
Monitor shall contact the Director of Planning and Zoning and after the
consultation the Director shall have the authority to halt destructive
construction and shall notify a Qualified Archaeologist to investigate and,
if necessary, the Qualified Archaeologist shall prepare a treatment plan
for submission to the State Historic Preservation Officer and Agua
Caliente Cultural Resource Coordinator for approval.
b). Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record
search results and site records/updates shall be forwarded to the Tribal
Planning, Building, and Engineering Department and one copy to the City
Planning Services Department prior to final inspection.
GENERAL CONDITIONS/CODE REQUIREMENTS
13. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control
Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of
the Municipal Code for specific requirements.
14. The project is subject to Section 93.15.00 of the City's Zoning Ordinance and all
provisions of the Palm Springs Municipal Code regarding time share uses for the
life of the project.
15. No time-share units shall be offered for sale or sold until there is a valid final
subdivision public report for the sale of such timeshare rights or entitlement issued by
the Department of Real Estate of the State of California. A copy of the final public report
shall be provided to the City by the applicant.
16. Prior to issuance of building permits, the applicant shall provide a detailed time-
share management program, including, but not limited to all methods to guarantee
adequacy, stability, and continuity of a first class level of management (including
sales/marketing) and maintenance of the time-share component of the project. The
detailed program shall be submitted to and approved by the Director of Planning
Services.
Tentative Tract Map 31905, Conditions of Approval
City Council
November 3, 2004
Page 4 of 4
POLICE DEPARTMENT
17. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs
Municipal Code.
BUILDING DEPARTMENT
18. Prior to any construction on-site, all appropriate permits must be secured.
FIRE
19. Reserve the right to comment upon the project during plan check process.
ENGINEERING
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, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
STREETS
20. Submit street improvement plans prepared by a Registered Civil Engineer to the
Engineering Division. The plan(s) shall be approved by the City Engineer prior to
issuance of any building permits.
21. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
MAP
22. A Final Map shall be prepared by a California Registered Land Surveyor or
qualified Civil Engineer 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
Final Map to the Engineering Division as part of the review of the Map. The Final Map
shall be approved by the City Council prior to issuance of building permits.
23. The 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 Final Map to the Engineering Division.
V
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