HomeMy WebLinkAbout2A OCRCITY COUNCIL STAFF REPORT
DATE: OCTOBER 22, 2020 PUBLIC HEARING
SUBJECT: A REQUEST FOR COUNCILMEMBER REVIEW OF AN ACTION TAKEN
BY THE PLANNING COMMISSION TO DENY A CONDITIONAL USE
PERMIT APPLICATION BY JERRY G. JOHNSON ON BEHALF OF V.I.P.
MOTOR CARS, LTD. TO UTILIZE A PORTION OF A THREE (3)-ACRE
PARCEL FOR OFF-SITE VEHICLE STORAGE AT 4193 EAST MATTHEW
DRIVE, ZONE R-2 (CASE 5.1506 CUP).
FROM: David H. Ready, City Manager
BY: Development Services Department
SUMMARY:
This is a request for review of action taken by the Planning Commission on September 9,
2020, which denied a Conditional Use Permit (CUP) application submitted byV.I.P. Motor
Cars, Ltd. to utilize a portion of a three (3)-acre parcel for off-site vehicle storage at 4193
East Matthew Drive. Planning staff had recommended approval of the case, subject to
conditions.
Pursuant to Palm Springs Zoning Code Section 94.02.00(8)(1 )(b), CUP applications are
subject to final action by the Planning Commission. A councilmember has initiated a
review of the decision on this application pursuant to Palm Springs Municipal Code
Section 2.06.030 ('Councilmember Review of Decisions').
RECOMMENDATION:
1. Open the hearing and receive testimony for the approval of the Conditional Use
Permit (CUP) application.
2. Adopt Resolution No. __ "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING ON APPEAL
FROM THE PLANNING COMMISSION A CONDITIONAL USE PERMIT
(CUP) APPLICATION BY JERRY G. JOHNSON OF V.I.P. MOTOR CARS,
LTD. TO UTLIZE A PORTION OF A THREE (3)-ACRE PARCEL FOR PHASE
ONE (1)-ONLY OFF-SITE VEHICLE STORAGE AT 4193 EAST MATTHEW
DRIVE (CASE 5.1506 CUP)." or, as an alternative
2City Council Staff Report October 22, 2020 --Page 2 Case 5.1506 CUP 3. Adopt Resolution No. __ "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING ON APPEAL FROM THE PLANNING COMMISSION A CONDITIONAL USE PERMIT (CUP) APPLICATION BY JERRY G. JOHNSON OF V.I.P. MOTOR CARS, LTD. TO UTLIZE A PORTION OF A THREE (3)-ACRE PARCEL FOR OFF-SITE VEHICLE STORAGE AT 4193 EAST MATTHEW DRIVE (CASE 5.1506 CUP)." BUSINESS PRINCIPAL DISCLOSURE: The name of the entity is V.I.P. Motor Cars, Ltd. The owners/investors of the entity consist of the following individuals: Frank D. Hickingbotham Family Limited Partnership (90%), Jerry G. Johnson (5%), and Gene Whisenhunt (5%). The Public Integrity Disclosure Form is attached to this Staff Report (Attachment #4). PRIOR ACTION: Commission voted 5 to 1 to deny the pro·ect. BACKGROUND & PROJCT DESCRIPTION: V.I.P. Motor Cars, Ltd. is an existing automobile dealership located at 4095 East Palm Canyon Drive. On September 9, 2020, the Planning Commission reviewed a Conditional Use Permit (CUP) application submitted by the business, which proposed to utilize a portion of a three (3)-acre parcel located at 4193 East Matthew Drive for off-site vehicle storage. The project site is located within the R-2 Zone and the NCC (Neighborhood/Community Commercial) General Plan Land Use designation area, and it is currently developed with a single-family residence in the rear portion of the property. A large portion of the front property facing East Matthew Drive is undeveloped. V.I.P. Motor Cars, Ltd. has established a parking license agreement with the property owners for the proposed use of the undeveloped area. The parking license agreement (Attachment #7) has an initial term of five (5) years with options for up to two (2), five (5)-year term extensions. The business is proposing to implement the project in two (2) phases. Phase I will develop a westerly portion of the front yard for the accommodation of one hundred (100) vehicles, and additional space for fifty (50) vehicles will be created in the easterly portion of the front yard in Phase II. Pursuant to Palm Springs Zoning Code Section
3City Council Staff Report October 22, 2020 --Page 3 Case 5.1506 CUP 92.03.01(C)(10), off-street parking which is not accessory to by-right uses is permitted in the R-2 Zone subject to a Conditional Use Permit and the requirements that the property is adjacent to a commercial zone and does not extend more than 150 feet from the zone boundary. While the Phase I area is located within 150 feet from the zone boundary, the area planned for Phase II is located out of the 150-foot-boundary. If approved, the project would allow designated employees to park and store vehicles at the site, which include cars, pickup trucks, SUVs, and vans. PLANNING COMMISSION ACTION: On September 9, 2020, the Planning Commission reviewed the application and determined that the proposed project does not meet the required findings for the approval of the application and voted 5 to 1 to deny the application. The Planning Commission made the following specific points in delivering their decision to deny the application: 1. The proposed use is not consistent with the intent of the NCC (Neighborhood/Community Commercial) General Plan land use designation area. 2. Vehicle storage is not synonymous with parking. The proposed activity is commercial in nature, and it is not auxiliary to commercial use; therefore, it is inappropriate with the R-2 zone district. In addition to the findings stated above, the Planning Commission expressed concern that parking one hundred (100) vehicles on a residential parcel is not consistent with the intent of the R-2 Zone because the site is developed with a single-family residence in the rear and there are other residential properties located within the site's vicinity. While the Planning Commission showed support for the success of the business, the Commission stated that the site was not suitable for the proposed use for the reasons mentioned above. STAFF ANALYSIS: Conditional Use Permit (CUP) applications for land uses that are specified in the 'Uses Permitted by Conditional Use Permit' section of the Palm Springs Zoning Code are typically subject to Planning Commission review and approval only and do not require a City Council action per Palm Springs Zoning Code Section 94.02.00(A)(1 ). This project has been called forward to the City Council pursuant to the provision of Palm Springs Municipal Code Section 2.06.030(a). Section 2.06.030(a) stipulates that any member of the City Council may initiate a review of any decision or action of a City Council appointed commission or board that is not otherwise before the City Council. The process for this review is further described in Palm Springs Municipal Code Section 2.06.030. Palm Springs Municipal Code Section 2.060.030(d) states the procedure of this review
4City Council Staff Report October 22, 2020 --Page 4 Case 5.1506 CUP process as "The action of the council appointed commission or board shall be set aside and the City Council shall conduct a public hearing de novo on the review." Staff recommends that the City Council consider the analysis prepared by staff for the proposed project as detailed in the Staff Report provided to the Planning Commission on September 9, 2020. The analysis of the project's conformance to the General Plan and Zoning Code included in the September 9, 2020 Staff Report is summarized in the following sections of the report. General Plan Map Zoning Map General Plan: The General Plan Land Use designation of the project site is Neighborhood/Community Commercial (NCC). The intent of the NCC land use designation area is to " ... provide an opportunity for convenience commercial uses that serve adjacent residential neighborhoods ... " (Palm Springs 2007 General Plan, page 2-6). While vehicle storage is not expressly mentioned as a typical commercial use found in the NCC designation area, the use is incidental to the operation of an automobile dealership which serves the region and nearby communities, including the residents of the adjacent neighborhoods. Therefore, it is consistent with the intent of the General Plan. Zoning Code: Palm Springs Zoning Code Section 92.03.01(C)(10) states that off-street parking which is not accessory to the uses permitted in the zone and meets the conditions below is permitted in the R-2 Zone subject to a Conditional Use Permit. The Zoning Code section states, " ... The property proposed for off-site parking use shall abut a commercial zone or on an alley which is the boundary with such zone, and extends not more than one hundred fifty (150) feet from the boundary." The subject property is adjacent to a property to the
5City Council Staff Report October 22, 2020 --Page 5 Case 5.1506 CUP west which is zoned C-M (Commercial Manufacturing). The application proposes the implementation of the project in two (2) phases. While the Phase I project area is located within 150 feet from the zone boundary, the area designated for Phase II is located out of the 150-foot-limit. Commercial activities in the R-2 Zone are not permitted per Palm Springs Zoning Code Section 92.03.02(a); however, the site will be utilized for off-site vehicle storage purposes only, and no commercial activities or sales transactions will take place at the site. Site Plan, Landscaping, Outdoor Lighting Fixtures: The three (3)-acre subject property is currently developed with a single-family residence. The project is proposing to accommodate one hundred (100) vehicles in the Phase I parking area, which is located in the westerly portion of the undeveloped front yard. Phase II will allow parking of fifty (50) additional vehicles in the designated area which is located easterly to the Phase I area. The parking surface will be paved, and incidental landscaping improvement work along the East Matthew Drive frontage and the south end of the Phase I parking area will be implemented. The proposed plant palette consists of drought-tolerant plant materials. The project proposes the installation of LED pole lighting fixtures and wall-mounted lighting fixtures in the project area, which are subject to the City's outdoor lighting standards (Palm Springs Zoning Code Section 93.21.00). The proposed minor landscape alterations and outdoor lighting fixture installation will be reviewed administratively via Minor Architectural Review (MAA) in accordance with Palm Springs Zoning Code Section 94.04.00(E)(2)(a)(1 )(vii) after this Conditional Use Permit application is approved. Based on the analysis above, staff found that the proposed project was consistent with the General Plan and Zoning Code and met the applicable development standards, subject to the conditions of approval attached to this report (Attachment #3). The recommended conditions include the requirement of Variance and Conditional Use Permit Amendment approval for the implementation of Phase 11 and restrictions pertaining to the use of the property to ensure that on-site activities will remain non-commercial. ENVIRONMENTAL ASSESSMENT: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 of Title 14, Chapter 3 of the California Code of Regulations (Class 4, Minor Alterations to Land). The project site is directly adjacent to a Casey's June Beetle critical habitat area. City-contracted environmental consultant conducted a site inspection, and it was determined that the implementation of the proposed project will not negatively affect the wildlife as the project site is already improved.
6City Council Staff Report October 22, 2020 --Page 6 Case 5.1506 CUP SUBMITTED BY: Development Services Director David H. Ready, Esq., P City Manager Attachments: 1. 500' Vicinity Map 2. Draft City Council Resolutions 3. Draft Conditions of Approval 4. Public Integrity Disclosure Form Marcus L. Fuller, MPA, P.E., P.L.S. Assistant City Manager 5. Planning Commission Staff Report, (09/09/2020) 6. Planning Commission Minutes (09/09/2020) 7. Parking License Agreement 8. PowerPoint slides provided by the applicant 9. Plans reviewed by the Planning Commission on September 9, 2020
7ATTACHMENT #1
8C2 :::, Ir: !! Q ~ < 0 ::i: m ..J < m RMHP Department of Planning Services Vicinity Map L I -~ C2 ~ ~ c( UJ -~ UJ . --9 ~/,SEMINOLE RD z UJ R3 Q Ir: Ir: z Q '~ ,::; ~l u C2 RJ 0 0.: ~ -N . W E s Meloa~ """~111 r-..... ->-CAMARILLQ_z __ MATTHEWD~ CM )( R2 )( R1A \ 020 Legend ~ Project Site D 500-Foot Radius CITY OF PALM SPRINGS 4193 East Matthew Drive V.I.P. Motor Cars, Ltd. Case 5.1506 CUP V / ./
9ATTACHMENT #2
10RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING ON APPEAL FROM THE PLANNING COMMISSION A CONDITIONAL USE PERMIT (CUP) APPLICATION BY JERRY G. JOHNSON OF V.I.P. MOTOR CARS, LTD. TO UTLIZE A PORTION OF A THREE (3)-ACRE PARCEL FOR PHASE ONE (1 )-ONLY OFF-SITE VEHICLE STORAGE AT 4193 EAST MATTHEW DRIVE (CASE 5.1506 CUP). THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Jerry G. Johnson ("Applicant"), on behalf of V.I.P. Motor Cars, Ltd., has filed a Conditional Use Permit application with the City pursuant to Section 94.02.00 of the Zoning Code to utilize a portion of a three (3)-acre parcel for off-site vehicle storage at 4193 East Matthew Drive, Zone R-2, Section 30, APN: 681-170-065. B. Pursuant to Palm Springs Zoning Code Section 92.03.01(C)(10), off-street parking, which is not accessory to uses permitted in the R-2 Zone, is allowed in the zone subject to a Conditional Use Permit and given that the property proposed for off-site parking use shall abut a commercial zone or on an alley which is the boundary with such zone, and extends not more than one hundred fifty (150) feet from the boundary. C. On September 9, 2020, the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the hearing on the project and voted 5 to 1 to deny the project. D. On October 22, 2020, a public hearing on the Conditional Use Permit (CUP) application, Case 5.1506 CUP, was held by City Council in accordance with applicable law. The City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the proposed off-site vehicle storage facility, including but not limited to the staff report and all written and oral testimony presented. E. The proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and has been determined to be Categorically Exempt as a Class 4 exemption (Minor Alterations to Land) pursuant to Section 15301 of the CEQA Guidelines. F. The City Council has carefully reviewed and considered all of the evidence presented in connection with the Project, including but not limited to the staff report, and all written and oral testimony presented and finds that the Project complies with the requirements of Section 94.02.00 of the City's Zoning Code. The City Council makes the following findings based on specific evidence as described after each finding:
11Resolution No. Page2 1) That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by the Zoning Code. The proposed off-site vehicle storage is similar to off-street parking in use. Pursuant to Palm Springs Zoning Code Section 92.03.01(C)(10), off-street parking areas, which are not as an accessory to uses permitted in the R-2 Zone, are allowed in the zone subject to a Conditional Use Permit. The Section further states that " ... the property proposed for off-street parking use shall abut a commercial zone or on an alley which is the boundary with such zone, and extends not more than one hundred fifty (150) feet from the boundary." The project site abuts a C-M (Commercial Manufacturing) zone property to the west. The lot width measured along the south/rear property line is 121 feet, whereas the measurement taken on the north/front property line 234.5 feet. The application proposes to implement the project in two (2) phases. While the Phase I area is located within 150 feet from the zone boundary, the area designated for Phase II is located out of the 150-foot limit. Although Phase II does not meet the distance requirement as proposed, the implementation of Phase II may be feasible with a future Variance and Conditional Use Permit (CUP) amendment approval. To ensure that the whole aspect of the proposed project meets this finding, a condition of approval, which requires Variance and CUP amendment approval for Phase II, to be imposed on the proposed project. With this condition of approval, the project is fully consistent with the intent of the General Plan and meets this requirement. 2) That the use is necessary or desirable for the development of the community, is in harmony with the various elements of objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The General Plan Land Use designation of the subject property is NCC (Neighborhood/Community Commercial). Within this land use designation area, a variety of commercial uses that service adjacent residential neighborhoods are encouraged. The proposed off-site vehicle storage will serve the V.I.P. Motor Cars, Ltd. automobile dealership, which services the region and nearby communities including the adjacent residential neighborhoods. Although the proposed use is affiliated with the auto dealership, no actual retail activities and sales transactions will take place at the site. To ensure that approval of this project will not create any detrimental impact on the surrounding uses, conditions of approval have been imposed. These conditions include a requirement that no customers are allowed at the site, the use is subject to the City's noise ordinance regulations, limit hours permitted for site access to be consistent with the business operation hours of V.I.P. Motor Cars, Ltd., and lighting fixtures for the storage area to be the type that is sensitive to the adjacent residential uses. The proposed project meets this finding with the implementation of the conditions of approval.
12Resolution No. Page 3 3) That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood. The project site is three (3) acres in size, and it is larger than a typical residential parcel. The site is developed with a 6-foot-high block along the west property line to create spatial separation from the adjacent use to the west, and the proposed landscaping along the East Matthew Drive frontage will provide screening to the apartment complex located to the north. The Phase II area is located out of the code-required area for off-street parking use in the R-2 Zone. For Phase II to meet the size requirement, a condition of approval, which requires future Variance and CUP amendment approval for the implementation of Phase II, is imposed. With the implementation of this condition of approval, the project will filly meet this required finding. 4) That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. According to the applicant, the expected number of daily trips which will be generated between the project site and auto dealership will be several times a day at the most. The distance between the auto dealership and the site is approximately 618 feet, and golf carts will be utilized as a means of transportation between the two (2) sites. South Cherokee Way and East Matthew Drive are both collector streets, which serve mostly local traffic. Since the business has on-site parking available at its primary location and the expected number of daily trips associated with the proposed use is insignificant, the streets are adequately designed to accommodate the traffic which will be generated by the proposed use. Hence, the proposed project conforms to this requirement. 5) That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. The intent of the proposed conditions of approval is to ensure the harmonious relationship between the proposed activity and the adjacent residential use. The proposed conditions of approval are necessary for the proposed use to fully conform to the applicable zoning regulations, minimize potential negative impact, and remain non-commercial. Therefore, the implementation of the proposed conditions of approval is necessary to protect the public health, safety, and general welfare.
13Resolution No. Page4 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS FOLLOWS: That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. Based upon the foregoing, the City Council hereby approves Case 5.1506 CUP, which allows V.I.P. Motor Cars, Ltd. to utilize a portion of a three (3)-acre parcel located at 4139 East Matthew Drive for Phase I-only off-site vehicle storage subject to conditions attached to this Resolution. ADOPTED THIS 22nd DAY OF October, 2020. David H. Ready, City Manager ATTEST: Anthony J. Mejia MMC, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, Anthony J. Mejia, City Clerk of the City of Palm Springs, hereby certify that Resolution No. __ 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 __________ , by the following vote: AYES: NOES: ABSENT: ABSTAIN: Anthony J. Mejia MMC, City Clerk City of Palm Springs, California
14RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING ON APPEAL FROM THE PLANNING COMMISSION A CONDITIONAL USE PERMIT (CUP) APPLICATION BY JERRY G. JOHNSON OF V.I.P. MOTOR CARS, LTD. TO UTLIZE A PORTION OF A THREE (3)-ACRE PARCEL FOR OFF-SITE VEHICLE STORAGE AT 4193 EAST MATTHEW DRIVE (CASE 5.1506 CUP). THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Jerry G. Johnson ("Applicant"), on behalf of V.I.P. Motor Cars, Ltd., has filed a Conditional Use Permit application with the City pursuant to Section 94.02.00 of the Zoning Code to utilize a portion of a three (3)-acre parcel for off-site vehicle storage at 4193 East Matthew Drive, Zone R-2, Section 30, APN: 681-170-065. B. Pursuant to Palm Springs Zoning Code Section 92.03.01(C)(10), off-street parking, which is not accessory to uses permitted in the R-2 Zone, is allowed in the zone subject to a Conditional Use Permit and given that the property proposed for off-site parking use shall abut a commercial zone or on an alley which is the boundary with such zone, and extends not more than one hundred fifty (150) feet from the boundary. C. On September 9, 2020, the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the hearing on the project and voted 5 to 1 to deny the project. D. On October 22, 2020, a public hearing on the Conditional Use Permit (CUP) application, Case 5.1506 CUP, was held by City Council in accordance with applicable law. The City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the proposed off-site vehicle storage facility, including but not limited to the staff report and all written and oral testimony presented. E. The proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and has been determined to be Categorically Exempt as a Class 4 exemption (Minor Alterations to Land) pursuant to Section 15301 of the CEQA Guidelines. F. The City Council has carefully reviewed and considered all of the evidence presented in connection with the Project, including but not limited to the staff report, and all written and oral testimony presented and finds that the Project complies with the requirements of Section 94.02.00 of the City's Zoning Code. The City Council makes the following findings based on specific evidence as described after each finding: 1) That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by the Zoning Code.
15Resolution No. Page2 Pursuant to Palm Springs Zoning Code Section 92.03.01(C)(10), off-street parking areas, which are not as an accessory to uses permitted in the R-2 Zone, are allowed in the zone subject to a Conditional Use Permit. The Section further states that " ... the property proposed for off-street parking use shall abut a commercial zone or on an alley which is the boundary with such zone, and extends not more than one hundred fifty (150) feet from the boundary." The project site abuts a C-M (Commercial Manufacturing) zone property to the west. The application proposes to implement the project in two (2) phases. While the Phase I area is located within 150 feet from the zone boundary, the area designated for Phase II is located out of the 150-foot-limit and does not meet this requirement. Additionally, the City Council finds that vehicle storage is not synonymous with off-street parking; therefore, it is not a land use for which a Conditional Use Permit is authorized by the Zoning Code. 2) That the use is necessary or desirable for the development of the community, is in harmony with the various elements of objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The General Plan Land Use designation of the subject property is NCC (Neighborhood/Community Commercial). The NCC designation area is intended to " ... provide an opportunity for convenience commercial uses that serve adjacent residential neighborhoods." The City Council finds that the proposed off-site vehicle storage will not provide convenience commercial services to the adjacent residential neighborhoods. The proposed activity is commercial in nature, and commercial uses are prohibited in the R-2 Zone. Therefore, the proposed project does not meet this required finding. 3) That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood. The project site is three (3) acres in size, and it is larger than a typical residential parcel. However, the Phase II area is located out of the code-required 150-foot-boundary, and the project site is closely located to other residential properties, particularly the apartment complex located across the street. Although the subject parcel is larger than average residential parcels, the proposed site design is not suitable for the proposed use because the project area is closely located to the existing multi-family residential use. 4) That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. South Cherokee Way and East Matthew Drive are both collector streets, which
16Resolution No. Page3 serve mostly local traffic. Although the number of daily trips between the dealership and the vehicle storage area will be several times a day, the proposed project will utilize streets which also serve a multi-family residential development. A mix of residential and commercial traffic raises a safety concern for the nearby residents. 5) That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. The City Council finds that the proposed project is not consistent with the intent of the City's General Plan and Zoning Code. Therefore, the public health, safety, or welfare of the general public will not be protected even if the project is approved subject to conditions of approval. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS FOLLOWS: That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. Based upon the foregoing, the City Council hereby denies Case 5.1506 CUP, which allows V.I.P. Motor Cars, Ltd. to utilize a portion of a three (3)-acre parcel located at 4139 East Matthew Drive for off-site vehicle storage subject to conditions attached to this Resolution. ADOPTED THIS 22nd DAY OF October, 2020. David H. Ready, City Manager ATTEST: Anthony J. Mejia MMC, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS )
17Resolution No. Page4 I, Anthony J. Mejia, City Clerk of the City of Palm Springs, hereby certify that Resolution No. __ 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 __________ , by the following vote: AYES: NOES: ABSENT: ABSTAIN: Anthony J. Mejia MMC, City Clerk City of Palm Springs, California
18ATTACHMENT #3
19RESOLUTION NO. EXHIBIT A Case 5.1506 CUP V.I.P. Motor Cars, Ltd. 4193 East Matthew Drive October 22, 2020 CONDITIONS OF APPROVAL 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 Director of Building and Safety, 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 CONDITIONS ADM 1. Project Description. This approval is for the project described per Case 5.1506 CUP, except as modified the conditions below. ADM 2. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 3. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 4. Indemnification. The owner, lessee, applicant and successors and assigns (collectively "applicant") 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 5.1506 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 1
20cooperate 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. ADM 5. Time Limit on Commencement of Use. The time limit for commencement of the use authorized by this conditional use permit shall be two (2) years from the effective date of approval. A conditional use permit shall become effective after an elapsed period of fifteen (15) days from the date of the decision by the commission authorizing the permit. ADM 6. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05. Permits will not be issued until the appeal period has concluded. ADM 7. Grounds for Revocation. Non-compliance with any of the conditions of this approval or with City codes and ordinances, State laws; any valid citizen complaints or policing and safety problems (not limited to noise, disturbances, signs, etc) regarding the operation of the establishment; as determined by the Chief of Police or the Director of Building and Safety, may result in proceedings to revoke the Conditional Use Permit. In addition, violations of the City Codes and Ordinances will result in enforcement actions which may include citations, arrest, temporary business closure, or revocation of this permit in accordance with the law. ADM 8. Comply with City Noise Ordinance. This use and property shall comply with the provisions of Chapter 11.74 (Noise Ordinance) of the Palm Springs Municipal Code. Violations may result in revocation of this Conditional Use Permit (CUP). Ordinance Time of Day Ordinance dBA Limits 7:00 AM to 6:00 PM 50 6:00 PM to 10:00 PM 45 10:00 PM to 7:00 AM 40 ADM 9. Conditional Use Permit Availability. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers. 2
21PLANNING DEPARTMENT CONDITIONS PLN 1. No On-Site Commercial Activities Permitted. Vehicle storage is the only activity permitted at the site, and no retail or sales transactions shall take place at the site. PLN 2. Permitted Personnel. The vehicle storage area shall be accessible to the employees of V.I.P. Motor Cars, Ltd. only. No customer access is permitted. PLN 3. Property Maintenance Standards. The property shall be maintained in accordance with Palm Springs Zoning Code Section 93.19.00 (Property Maintenance Standards). PLN 4. Permitted Vehicles. The site shall be utilized for storage of vehicles owned by V.I.P. Motor Cars, Ltd. only. Storage of vehicles that are owned by other entities or individuals is prohibited. Any commercial vehicles parked at the site shall be removed immediately following the approval of this Conditional Use Permit application by the Planning Commission. PLN 5. Sub-Leasing Not Permitted. V.I.P. Motor Cars, Ltd. shall not sub-lease the vehicle storage area to other entities or individuals. PLN 6. On-Site Vehicle Repair. Maintenance. and Car Washing Prohibited. There shall be no repair, maintenance, or washing of vehicles conducted at the site. PLN 7. On-Site Signage Prohibited. There shall be no on-site signage advertising V.I.P. Motor Cars, Ltd. PLN 8. Outside Storage Prohibited. Outside storage of any goods, materials, or products other than the vehicles owned by V.I.P. Motor Cars, Ltd. is prohibited. PLN 9. Exterior Alterations. Any exterior alterations to the site, which include but are not limited to, incidental landscaping, installation of outdoor lighting fixtures, gate installation, and installation of a high curb, shall be reviewed and approved via Minor Architectural Review (MAA) in accordance with Palm Springs Zoning Code Section 94.04.00 ("Architectural Review"). Exterior lighting fixtures shall be the type that is compatible with the adjacent residential use. PLN 10. Parking License Agreement. V.I.P. Motor Cars, Ltd. shall have a parking license agreement in effect with the property owners as long as the business continues to utilize the property for off-site vehicle storage. Should there be any amendment to the agreement, V.I.P. Motor Cars, Ltd. shall be responsible for submitting an amended parking license agreement to the Department of Planning Services and the Department of Engineering Services for review. 3
22PLN 11. Recordation of Parking License Agreement Required. The Parking License Agreement shall be recorded with the County of Riverside. PLN 12. CUP for Phase I Only. This Conditional Use Permit (CUP) is for the implementation of Phase I only. The implementation of Phase II shall not be permitted unless a Variance application and an amendment to this CUP are both approved by the Planning Commission to address the 150-foot-distance requirement. DEPARTMENT OF ENGINEERING SERVICES CONDITIONS The Engineering Services Department 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. All Grading Plans, Improvement Plans, Required Studies and Documents listed below, must be submitted to Engineering Services Department for review and approval. STREETS ENG 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. All improvements are subject to inspection and a 24 to 48 hour inspection notification is required. MATTHEW DRIVE ENG2. ENG 3. ON-SITE ENG4. Construct a 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located approx. 135 feet from the centerline of Linden Way. All broken or off grade street improvements along the project frontage shall be repaired or replaced. The on-site layout of drive aisles and parking spaces is subject to further review and approval by the City Engineer. Adjustment of proposed street alignments, and deletion or relocation of proposed parking spaces may be required during review and approval of construction plans for on-site improvements, as required by the City Engineer. Approval of the 4
23ENG 5. ENG6. ENG 7. preliminary site plan does not constitute approval of the on-site layout of streets and parking spaces as proposed. The minimum pavement section for all on-site pavement (drive aisles and parking spaces) shall be 2-1/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. On-site drive aisles and parking lot shall be constructed with curbs, gutters, and cross-gutters, as necessary to accept and convey surface drainage of the on-site improvements to the on-site drainage system, in accordance with applicable City standards. Reciprocal access easement shall be prepared in a form acceptable to the City Engineer providing unlimited and unrestricted access to the existing single family residence. Easement shall grant the applicant an exclusive right to construct, operate and maintain the proposed parking lot improvements. The reciprocal access easement shall be executed by the appropriate parties prior to issuance of a permit, and shall be recorded, and copy of same provided to the City Engineer, prior to issuance of a grading permit. GRADING ENG 8. Submit a Precise Grading Plan prepared by a California registered Civil engineer to the Engineering Services Department for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Services Department for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Services Department with current and valid Certificate(s) of Completion from AQMD for staff that 5
24ENG 9. ENG 10. ENG 11. ENG 12. have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM1 O" Dust Control issues, please contact AQMD at (909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Services Department prior to approval of the Grading plan. b. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report; a copy of the project-specific Final Water Quality Management Plan. Prior to approval of a Grading Plan (or issuance of a Grading Permit), the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist ( a copy of the written approval must be provided to the City) . The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at ACBCI-THPO@aguacaliente.net to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring. In accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed. Fencing shall have screening that is tan in color; green screening will not be allowed. Temporary dust control perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations. Temporary dust control perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the perimeter fence screening shall not be allowed. Perimeter fencing shall be adequately anchored into the ground to resist wind loading. Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on-site shall be permanently stabilized, in accordance with Palm 6
25ENG 13. ENG 14. ENG 15. ENG 16. ENG 17. Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer. Prior to issuance of grading permit, the applicant shall provide verification to the City that the Tribal Habitat Conservation Plan (THCP) fee has been paid to the Agua Caliente Band of Cahuilla Indians in accordance with the THCP. A Notice of Intent (NOi) to comply with the California General Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009) is required for the proposed development via the California Regional Water Quality Control Board online SMARTS system. A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre (if there is disturbance of 5,000 square feet or more) at the time of issuance of grading permit for mitigation measures for erosion/blowsand relating to this property and development. A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Services Department with the first submittal of a grading plan. {if required) In cooperation with the California Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-782-3271). 7
26WATER QUALITY MANAGEMENT PLAN ENG 18. ENG 19. ENG 20. This project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating contaminated stormwater and non-stormwater runoff, shall be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat contaminated stormwater and non-stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development (if any). A Final Project-Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading or building permit. The WQMP shall address the implementation of operational Best Management Practices (BMP's) necessary to accommodate nuisance water and storm water runoff from the on-site private parking lot drive aisles. Direct release of nuisance water to adjacent public streets is prohibited. Construction of operational BMP's shall be incorporated into the Precise Grading and Paving Plan. Prior to issuance of any grading or building permits, the property owner shall record a "Covenant and Agreement" with the County-Clerk Recorder or other instrument on a standardized form to inform future property owners of the requirement to implement the approved Final Project-Specific Water Quality Management Plan (WQMP). Other alternative instruments for requiring implementation of the approved Final Project-Specific WQMP include: requiring the implementation of the Final Project-Specific WQMP in Home Owners Association or Property Owner Association Covenants, Conditions, and Restrictions (CC&Rs); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the Final Project-Specific WQMP; or equivalent. Alternative instruments must be approved by the City Engineer prior to issuance of any grading or building permits. 8
27DRAINAGE ENG 21. ENG 22. ENG 23. GENERAL ENG 24. ENG 25. ENG 26. All stormwater runoff across the property shall be accepted and conveyed in a manner acceptable to the City Engineer and released to an approved drainage system. Stormwater runoff may not be released directly to the adjacent streets without first intercepting and treating with approved Best Management Practices (BMPs). All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. No more than 40-50% of the street frontage parkway/setback areas should be designed as retention basins. On-site open space, in conjunction with dry wells and other subsurface solutions should be considered as alternatives to using landscaped parkways for on-site retention. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $8419.37 per acre in accordance with Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. All proposed utility lines shall be installed underground. All existing utilities shall be shown on the improvement plans if required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. 9
28ENG 27. ENG 28. ENG 29. ENG 30. TRAFFIC ENG 31. ENG 32. Upon approval of any improvement plan (if required) by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval by the City Engineer. The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing "as-built" information and returned to the Engineering Services Department prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904. Construction signing, lighting and barricading shall be provided during all phases of construction as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 "Temporary Traffic Control" of the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. 10
29FIRE DEPARTMENT CONDITIONS FID 1. FID 2. FID 3. FID4. These Fire Department conditions may not provide all requirements. Owner/developer is responsible for all applicable state and locally adopted fire codes. Detailed plans are still required for review. Conditions are subject to final plan check and review. Fire Department Conditions were based on the 2019 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix "T" Development Requirements. Conditions of Approval -"Conditions of Approval" received from the Palm Springs Planning Department must be submitted with each plan set. Failure to submit will result in a delay of plan approval. Plans and Permits (CFC 105.1 ): Permits and scaled drawings are required for this project. Plan reviews can take up to 20 working days. Submit a minimum of three (3) sets of drawings for review. Upon approval, the Fire Prevention Bureau will retain one set. Plans shall be submitted to: City of Palm Springs Building and Safety Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Counter Hours: 8:00 AM -6:00 PM, Monday -Thursday A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. These fees are established by Resolution of the Palm Springs City Council. Complete listings and manufacturer's technical data sheets for all system materials shall be included with plan submittals. All system materials shall be UL listed or FM approved for fire protection service and approved by the Fire Prevention Bureau prior to installation. Plans shall include all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and supporting data, (calculations and manufacturers technical data sheets) including fire flow data, shall be submitted with each plan submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans.
30Resolution No. Conditions of Approval Page 12 of 12 October 22, 2020 5.1506 CUP-V.I.P. Motor Cars, Ltd. FID 5. FID 6. 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 24 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. 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. The key box shall be flush mount type and shall contain keys to gain necessary access as required by the fire code official. Secured emergency access gates serving apartment, town home or condominium complex courtyards must provide a key box in addition to association or facility locks. The nominal height of Knox lock box installations shall be 5 feet above grade. Location and installation of Knox key boxes must be approved by the fire code official. FID 7. 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. FID 8. Turning Radius: Fire access road turns and corners shall be designed with a minimum inner radius of 25 feet and an outer radius of 43 feet. FID 9. Dead Ends: Dead-end fire apparatus roads in excess of 150 feet in length shall be provided with an approved area for turning around a fire apparatus. FID 10. Designated Fire Lanes: In private developments fire lanes shall not be less than 24 feet in width (curb to curb) with no parking on either side and shall be identified. END OF CONDITIONS 12
31ATTACHMENT #4
32PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM :;:-, 1. Name of Entity \f-'.(.?. tJ\o~v Ctrs L-\.J, 2. Address of Entity (Principle Place of Business) to~5 £. rJM CM--t~ 1).,,_, Po.lm ~r,'~ 3. Local or California Address (if different than #2) / V 4. State where Entity is Registered with Secretary of State C4 If other than California. is the Entity also reaistered in California? n Yes n No 5. Type of Entity ¢corporation D Limited Liability Company D Partnership D Trust D Other (please specify) ------6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _ __.~,_.,fi ... l\M_,l...._<-_.;...D_. -~_-_J(_~_--+-b_j-H,~_~_Wt __ lg(officer EOirector O Member O Manager [name] D General Partner D Limited Partner •Other ____________ _ ·-·· ---------------------------~ __ ,._V\--+-_G_._CY<_o_~_n._S_C\'\ _____ -8" Officer K1'oirector D Member • Manager J [name) D General Partner D Limited Partner •Other ____________ _ i ___ (i ___ ,e_V\ ___ P_-'u}_h. ___ -_1 5_t_n_h_~_J-___ ~Officer ~irector D Member D Manager (name) (Revised 05/16/19) D General Partner D Umited Partner •Other ____________ _ CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 1 of 2 ;-• I
33,_1,_ -1 c\ hW.: EXAMPLE ? L pj-; '.\ , : .:(-: ~-:. •,:: '. "'. \/ ! ,~: F <::::, •.., --• ~ \ . : • l ~ JANEDOE 50%. ABC COMPANY, Inc. (name of owner/investor] (name of owner/investor] [percentage of beneficial interest in entity and name of enti [percentage of beneficial interest in entity and name of enti [name of owner/investor] (percentage of beneficial interest in entity --..-----+--_______ a_n_d...;..n_am__,;,.e of e~tit~yl _____ _ C. tl~f tJ\,\,~tM, 11\,~t [name of owner/investor] o. [name of owner/investor] E. [name of owner/investor] (percentage of beneficial interest in entity and name of enti [percentage of beneficial interest in entity and name of enti (percentage of beneficial interest in entity and name of enti l ___ . I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Disclosing Party, Printed Name, Title Date Je<r G.S,hn5~ NP PENALTIES Falsification of information or failure to report information required to be reported may subject you to administrative action by the City. (Revised 05/16/19) CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 1 of 2
34ATTACHMENT #5
35PLANNING COMMISSION STAFF REPORT DATE: September 9, 2020 PUBLIC HEARING SUBJECT: REQUEST BY JERRY G. JOHNSON, ON BEHALF OF V.I.P. MOTOR CARS, LTD., FOR CONDITIONAL USE PERMIT APPROVAL TO UTILIZE A PORTION OF A THREE (3)-ACRE PARCEL FOR OFF-SITE VEHICLE STORAGE AT 4193 EAST MATTHEW DRIVE, ZONE R-2, SECTION 30 (CASE 5.1506 CUP) (NK). FROM: Department of Planning Services SUMMARY: This is a request for the Planning Commission to consider a Conditional Use Permit (CUP) application submitted by V.I.P Motor Cars, Ltd. (4095 East Palm Canyon Drive) for the business to utilize a portion of an existing three (3)-acre parcel as the company's off-site vehicle storage area. The application proposes the implementation of the project in two (2) phases; storage of one hundred (100) vehicles in Phase I and fifty (50) vehicles in Phase 11. The applicant submitted a Minor Architectural Review (MAA) application, Case No. 3.2824 MAA, for incidental landscape improvement and outdoor lighting installation for the proposed use. ISSUE: 1. The area dedicated to Phase II is located out of the 150-foot-limit from the zone boundary as required by Palm Springs Zoning Code Section 92.03.01(C)(10). RECOMMENDATION: That the Planning Commission approve the application, Case 5.1506 CUP, subject to conditions of approval stated in Exhibit A. BUSINESS PRINCIPAL DISCLOSURE: The name of the entity is V.I.P. Motor Cars, Ltd. The owners/investors of the entity consist of the following individuals: Frank D. Hickingbotham Family Limited Partnership
36Planning Commission Staff Report September 9 -Page 2 of 10 Case 5.1506 CUP (90%), Jerry G. Johnson (5%), and Gene Whisenhunt (5%). The Public Integrity Disclosure Form is attached to this Staff Report (Attachment #6). PROJECT DESCRIPTION: V.I.P. Motor Cars, Ltd. is an existing automobile dealership located at 4095 East Palm Canyon Drive. The business is proposing to utilize a portion of a 3-acre parcel located at 4193 East Matthew Drive for off-site vehicle storage. The project site is located approximately 618 feet away from the dealership (Image 1.2). The project site is located within the R-2 Zone and the NCC (Neighborhood/Community Commercial) General Plan Land Use designation area. The property is developed with a single-family residence in the rear portion of the property, and a large portion of the front property facing East Matthew Drive is open space. V.I.P. Motor Cars, Ltd. has established a parking license agreement with the property owners for the proposed use of the space (Attachment #5). The application proposes the implementation of the project in two (2) phases. Phase I will develop a westerly portion of the front yard for the accommodation of one hundred (100) vehicles, and additional space for fifty (50) vehicles will be created in the easterly portion of the front yard in Phase II. The submitted parking license agreement (Attachment #5) has an initial term of five (5) years with options for up to two (2), five (5)-year term extensions. The license allows designated employees to park and store vehicles at the site, which include cars, pickup trucks, SUVs, and vans. The agreement includes stipulations with regard to property maintenance, and it prohibits the storage of hazardous materials. V.I.P. Motor Cars, Ltd. will be responsible for cleaning of spills or leaks of automobile fluids and maintaining the area free from materials such as oil, grease, gasoline, coolant, water, soap, rubbish, and debris. In conjunction with this Conditional Use Permit application, the applicant submitted a Minor Architectural Review (MAA) application for incidental site improvement, which includes landscaping and the installation of lighting fixtures in the proposed vehicle storage area. Exterior alterations to the site will be reviewed via Minor Architectural Review (MAA) after this Conditional Use Permit is approved by the Planning Commission.
37Planning Commission Staff Report September 9 -Page 3 of 1 O Case 5.1506 CUP Image 1.1 Project Site and Its Vicinity ( ,::::. Project Site)
38Planning Commission Staff Report September 9 -Page 4 of 10 Case 5.1506 CUP Image 1.2 Distance Between V.I.P. Motor Cars, Ltd. & Project Site ( V.I.P. Motor Cars, Ltd. 11111111 Project Site ) BACKGROUND INFORMATION: Related Relevant Ci Actions 10/13/2005 06/13/2013 Administrative approval for the construction of a 360-foot long, 6-foot-hi h block wall in the west side ard Case 3.2824 MAA . Administrative approval for the installation of a roof-mounted solar hotovoltaic PV s stem Case 3.2824 MAA Most Recent Chanqe of OwnershifJ 02/08/1998 I Gary S. Boskovich and Susan A. Boskovich 08/29/2020 Notice of ublic hearin ublished in the local news a er.
39Planning Commission Staff Report September 9 -Page 5 of 10 Case 5.1506 CUP Notice of public hearing mailed to addresses within 500-feet of the site, notifying that the subject application would be considered by the 09/03/2020 Planning Commission at a public hearing on September 9, 2020. The public hearing notice was also emailed to Neighborhood Organizations within one-mile of the project site. Field Check 08/14/2020 I Staff conducted a site visit to confirm the condition of the site. DETAILS OF APPLICATION REQUEST: I Site Area Net Acres I 3 Acres Surrounding Existing Land Use Existing General Existing Zoning Property Per Chapter 92 Plan Designation Designation Single-Family NCC Subject Property (Neighborhood/Com R-2 Residence munity Commercial} North Apartment MU (Mixed-Use) R-3 Open OS-M 0-20 (Open Space -South (Open Space-Space/Mountains Mountain) 20) MOR East Open Space (Medium Density R-2 Residential) C-M (Commercial West Metal Welding Shop NCC/OS-M Manufacturing) /0-20 ANALYSIS: General Plan The General Plan Land Use designation of the project site is Neighborhood/Community Commercial (NCC). The intent of the NCC land use designation area is to " ... provide an opportunity for convenience commercial uses that serve adjacent residential neighborhoods ... " (Palm Springs 2007 General Plan, page 2-6). While vehicle storage is not expressly mentioned as a typical commercial use found in the NCC designation area, the use is incidental to the operation of an automobile dealership which serves the region and nearby communities, including the residents of the adjacent neighborhoods. Therefore, it is consistent with the intent of the General Plan.
40Planning Commission Staff Report September 9 -Page 6 of 10 Case 5.1506 CUP Zoning Code The project proposes the establishment of off-site vehicle storage, which in nature is similar to off-street parking. Palm Springs Zoning Code Section 92.03.01(C)(10) states that off-street parking which is not accessory to the uses permitted in the zone and meets the conditions below is permitted in the R-2 Zone subject to a Conditional Use Permit. The Zoning Code section states, " ... The property proposed for off-site parking use shall abut a commercial zone or on an alley which is the boundary with such zone, and extends not more than one hundred fifty (150) feet from the boundary." The subject property is adjacent to a property to the west which is zoned C-M (Commercial Manufacturing) (4155 East Matthew Drive, APN: 681-170-064). The lot width measured along the south/rear property line is 121 feet, whereas the measurement taken on the north/front property line 234.5 feet. The application proposes the implementation of the project in two (2) phases. While the Phase I project area is located within 150 feet from the zone boundary, the area designated for Phase II is located out of the 150-foot-limit. Although the Phase II area is located outside the 150-foot-limit, the use of area may be permitted with Variance approval. Commercial activities in the R-2 Zone are not permitted per Palm Springs Zoning Code Section 92.03.02(a). The site will be utilized for off-site vehicle storage purposes only, and no commercial activities or sales transactions will take place at the site. To ensure that the proposed project fully conforms to this requirement, staff recommends a condition of approval, which requires Variance approval for Phase II (See Condition PLN 13). Site Plan The 3-acre subject property is currently developed with a single-family residence. The existing residence is located in the rear area of the property, and the front portion of the property facing East Matthew Drive is undeveloped. The project is proposing to accommodate one hundred (100) vehicles in the Phase I parking area, which is located in the westerly portion of the front yard. Phase II will allow parking of fifty (50) additional vehicles in the designated area which is located easterly to the Phase I area. The slope of the Phase I and Phase II areas ranges from 1.0% to 2.0%. The phase I area will accommodate 40 parking stalls for 100 vehicles. The width of each parking stall will range from 8 feet to 11 feet, and the width of the majority of the stalls will be 9 feet. The length of the stalls will range from 18 feet to 54 feet to accommodate tandem parking. The parking surface will be paved, and boulders will be placed along the edge of the driveway with 8-foot spacing. Landscaping and Buffers The application proposes incidental landscaping improvement work along the East Matthew Drive frontage and the south end of the Phase I parking area. The proposed plant palette includes 8-foot-high Hybrid Fan Palms, Desert Spoon ranging from 5
41Planning Commission Staff Report September 9 -Page 7 of 10 Case 5.1506 CUP gallons to 15 gallons in size, 5-gallon Yellow Lantana, 5-gallon Trailing Indigo Bush Brittlebush, 5-gallon Creosote Bush or Texas Ranger. Instead of Yellow Lantana, Trailing Rosemary or Natal Plum may be selected. Boulders 3 to 4 feet in diameter will be utilized to delineate the driveway edge. Cresta boulders or other type of boulder may be used, and 3/8-inch gray or Mojave gold crushed rocks will be applied as groundcover in the planting areas. The proposed minor landscape alterations will be reviewed administratively via Minor Architectural Review (MAA) in accordance with Palm Springs Zoning Code Section 94.04.00(E)(2)(a)(1 )(vii) after this Conditional Use Permit application is approved by the Planning Commission. Outdoor Lighting Fixtures The project proposes the installation of LED pole lighting fixtures and wall-mounted lighting fixtures in the project area. Pursuant to Palm Springs Zoning Code Section 93.21.00, pole and wall-mounted lighting fixtures for parking lot need to be shielded full-cuff luminaires. The proposed wall-mounted lighting fixtures are not shielded and do not meet this requirement. Additionally, the proposed lighting fixtures do not meet the minimum foot-candle average maintained light level for the Phase I area, average-to-minimum uniformity ratio, and maximum-to-minimum uniformity ratio. The proposed lighting fixtures will be reviewed via Minor Architectural Review (MAA) in accordance with Palm Springs Zoning Code Sections 94.04.00(E)(2)(a)(1 )(vi) after this Conditional Use Permit application is approved by the Planning Commission. Conformance of the proposed fixtures to the requirements of the Outdoor Lighting Standards (PSZC Section 93.21.00) will be reviewed as a part of the MAA review process. Staff will work with the applicant to ensure that the proposed lighting fixtures conform to the zoning regulations. FINDINGS -CONDITIONAL USE PERMIT Section 94.02.00 of the Palm Springs Zoning Code (PSZC) requires that the following five conditions be met in order to approve a Conditional Use Permit. Staff has analyzed these findings in order below. 1. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code. The proposed off-site vehicle storage is similar to off-street parking in use. Pursuant to Palm Springs Zoning Code Section 92.03.01(C)(10), off-street parking areas, which are not as an accessory to uses permitted in the R-2 Zone, are allowed in the zone subject to a Conditional Use Permit. The Section further states that " ... the property proposed for off-street parking use shall abut a commercial zone or on an alley which is the boundary with such zone, and extends not more than one hundred fifty (150) feet from the boundary."
42Planning Commission Staff Report September 9 -Page 8 of 10 Case 5.1506 CUP The project site abuts a C-M (Commercial Manufacturing) zone property to the west. The lot width measured along the south/rear property line is 121 feet, whereas the measurement taken on the north/front property line 234.5 feet. The application proposes to implement the project in two (2) phases. While the Phase I area is located within 150 feet from the zone boundary, the area designated for Phase II is located out of the 150-foot limit. Although Phase II does not meet the distance requirement as proposed, the implementation of Phase II may be feasible with Variance approval. To ensure that the whole aspect of the proposed project meets this finding, staff recommends a condition of approval to be imposed which requires Variance approval for Phase II. With this condition of approval, the project is fully consistent with the intent of the General Plan and meets this requirement. 2. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The General Plan Land Use designation of the subject property is NCC (Neighborhood/Community Commercial). Within this land use designation area, a variety of commercial uses that service adjacent residential neighborhoods are encouraged. The proposed off-site vehicle storage will serve the V.I.P Motor Cars, Ltd. automobile dealership, which services the region and nearby communities including the adjacent residential neighborhoods. Although the proposed use is affiliated with the auto dealership, no actual retail activities and sales transactions will take place at the site. To ensure that approval of this project will not create any detrimental impact on the surrounding uses, staff recommends a set of conditions of approval to be imposed. These conditions include a requirement that no customers are allowed at the site, the use is subject to the City's noise ordinance regulations, limit hours permitted for site access to be consistent with the business operation hours of V. I .P. Motor Cars, Ltd., and lighting fixtures for the storage area to be the type that is sensitive to the adjacent residential uses. The proposed project meets this finding with the implementation of the conditions of approval. 3. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood. The project site is three (3) acres in size, and it is larger than a typical residential parcel. The site is developed with a 6-foot-high block along the west property line to create spatial separation from the adjacent use to the west, and the proposed landscaping along the East Matthew Drive frontage will provide screening to the apartment complex located to the north. The Phase II area is located out of the code-required area for off-street parking use in the R-2 Zone.
43Planning Commission Staff Report September 9 -Page 9 of 10 Case 5.1506 CUP For Phase II to meet the size requirement, staff recommends a condition of approval, which requires Variance approval for the implementation of Phase II. With the implementation of this condition of approval, the project will filly meet this required finding. 4. That the site for the proposed use relates to the streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. According to the applicant, the expected number of daily trips which will be generated between the project site and auto dealership will be a few times a day. The distance between the auto dealership and the site is approximately 618 feet, and golf carts will be utilized as a means of transportation between the two (2) sites. South Cherokee Way and East Matthew Drive are both collector streets, which serve mostly local traffic. Since the business has on-site parking available at its primary location and the expected number of daily trips associated with the proposed use is insignificant, the streets are adequately designed to accommodate the traffic which will be generated by the proposed use. Hence, staff finds that the proposed project conforms to this requirement. 5. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. The intent of the proposed conditions of approval is to ensure the harmonious relationship between the proposed activity and the adjacent residential use. The proposed conditions of approval are necessary for the proposed use to fully conform to the applicable zoning regulations, minimize potential negative impact, and remain non-commercial. Therefore, staff finds that the proposed conditions of approval stated in Exhibit A are necessary to protect the public health, safety, and general welfare. ENVIRONMENTAL ANALYSIS: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 of Title 14, Chapter 3 of the California Code of Regulations (Class 4, Minor Alterations to Land). The project site is directly adjacent to a Casey's June Beetle critical habitat area. City-contracted environmental consultant conducted a site inspection, and it was determined that the implementation of the proposed project will not negatively affect the wildlife as the project site is already improved.
44Planning Commission Staff Report September 9 -Page 10 of 10 Case 5.1506 CUP CONCLUSION: The proposed off-site vehicle storage is generally consistent with the intent of the General Plan and the applicable zoning code regulations. Although the proposed use is affiliated with an automobile dealership, there will be no commercial activities conducted at the site. To ensure that the proposed use will fully conform to the applicable zoning code regulations and it will not create detrimental impact on health, safety, and welfare of the general public, staff recommends the conditions of approval stated in Exhibit A to be imposed on the project. These conditions include, but are not limited to, the requirement of Variance approval for Phase II, limitation of site access to employees only during the hours of the auto dealership business hours, prohibition of storage of any goods and materials, conformance to the City's Noise Ordinance regulations, and no on-site sales transactions. Staff finds that the recommended conditions of approval are adequate to ensure that proposed project will not create detrimental impact, and therefore, recommends that the Planning Commission approve this application subject to the conditions of approval stated in Exhibit A. /2---/2-. . Ah~ _N_o_r-ik_o_K-ik_u_c_h_i --------focz.. ~ ~ Associate Planner Development Services Director ATTACHMENTS: 1. Vicinity Map 2. Draft Resolution and Conditions of Approval 3. Aerial Map 4. Justification Letter 5. Parking License Agreement 6. Public Integrity Disclosure Form 7. Site Photographs 8. Outdoor Lighting Fixture specifications 9. Plans
45ATTACHMENT #6
46EXCERPTS OF MINUTES At the Planning Commission meeting of the City of Palm Springs, held September 9, 2020, the Planning Commission took the following action: 28. REQUEST BY JERRY G. JOHNSON, ON BEHALF OF V.I.P. MOTOR CARS, LTD., FOR CONDITIONAL USE PERMIT APPROVAL TO UTILIZE A PORTION OF A THREE (3)-ACRE PARCEL FOR OFF-SITE VEHICLE STORAGE AT 4193 EAST MATTHEW DRIVE, ZONE R-2, SECTION 30 (CASE 5.1506 CUP). (NK) Associate Planner Kikuchi presented the proposed project for off-site vehicle storage as outlined in the staff report. Chair Weremiuk opened the public hearing: JERRY JOHNSON, applicant, provided details on the ownership and history of the site. He said the addition of Porsche on the far end of the property has created a challenge for growth and their request for a storage lot will meet this need. Mr. Johnson appreciates staff's recommendation of approval; however, he questioned a couple conditions and provided explanation. The questioned conditions are Condition PLN 13, which requires additional review for the implementation of Phase II, and Condition ENG 2, which requires the existing driveway approach to be in conformance with the current standards. The applicant stated that the requirement of an additional review for Phase II appears redundant and the driveway approach is efficient as existing. Additionally, the applicant was concerned about the fees associated with implementing these conditions and requested the conditions to be removed. There being no further speakers the public hearing was closed. Commission Comments: Commissioner Song said that although she is generally in support of businesses, she's in opposition to this project because of the R-2 zoning. She suggested if this project moves forward, the outdoor lighting and perimeter screen wall lined with landscape will need further review. Commissioner Hirschbein said he is also generally in support of businesses; however, he does not agree with two of the findings made by staff. He disagreed that the use is consistent with the NCC General Plan land use designation, which is intended to provide an opportunity for convenience commercial uses that serve adjacent residential neighborhoods. In addition, he disagreed that the proposed off-site vehicle storage is similar to an off-street parking in use allowed under the zoning. He does not think a car storage facility qualifies as parking auxiliary to a commercial use.
47Planning Commission Excerpts of Minutes September 9, 2020 City of Palm Springs Commissioner Lewin disagreed with some of the basic findings and does not think this is a permitted use of the property in the R-2 zone ( car storage in front of a residential use). Secondarily, he thinks this application should require a Major Architectural application, and whatever goes in this property should be conducive to future development as well as the people who live there. He wants the applicant and project to succeed; however, it does not the meet the zoning standards. Commissioner Ervin said that he would like to see this project succeed as long as it's compatible with the community and zoning standards. He can see problems arising from 100-150 cars parked on site, and cannot support the project as proposed. Vice Chair Moruzzi concurred with his fellow Commissioners, and does not think this project needs further review. He agrees with denial of the project for the reasons articulated. He doesn't think any situation with 100-150 cars parked in front of a residence would be appropriate. Development Services Director Fagg clarified that there is a mixture of uses consisting of multi-family, mobile home park and commercial/industrial in this area. Commissioner Lewin noted the large number of residences in the immediate area and the mobile home park, and that they are not best served by a large luxury car dealer storage lot. He thinks it needs to come in as a stand-alone parking lot not as commercial use that serve adjacent residential neighborhood. The adjacent residents will not benefit from this auto storage lot. Vice Chair Moruzzi made a motion to deny the application due to the findings stated by Commissioner Hirschbein that could not be met. ACTION: To deny the application. MOTION: Moruzzi, seconded by Ervin and carried 5-0-1 on a roll call vote. Note: Chair Weremiuk explained she voted in opposition of the motion because she wants to maintain support for the adjacent businesses. I, TERRI HINTZ, Administrative Coordinator for the City of Palm Springs, hereby certify that the above action was taken by Planning Commission of the City of Palm Springs on the 9th day of September 2020, by the following vote: AYES: NOES: Ervin, Hirschbein, Lewin, Song, Moruzzi Weremiuk
48Terri Hintz Administrative Coordinator Planning Commission Excerpts of Minutes September 9, 2020 City of Palm Springs
49ATTACHMENT #7
50PARKING LICENSE AGREEMENT This PARKING LICENSE AGREEMENT (this "Agreement") is made and entered into as of January-2fl_, 2020, by and between Gary S. and Susan A. Boskovich (collectively "Licensor") and V.I.P. MOTOR CARS, LTD., a California corporation ("Licensee"). RECITALS A. Licensor is the owner of that certain real property located at 4193 E. Matthew Dr., Palm Springs, CA 92264 (the "Real Property"). The Real Property is improved (or may be further improved at Licensee's expense) with, among other things, surface parking (the "Surface Parking"). The Surface Parking is also referred to herein as the "Parking Area". 8. Licensee is the owner of those certain real properties located at 4095, 4057, and 39 I 9 E. Palm Canyon Drive, Palm Springs, California (the "Licensee Property"), upon which Licensee operates automobile dealerships ("Licensee Dealerships"). C. Licensor and Licensee desire to enter into this Agreement to pennit Licensee to use a certain portion of the Parking Area in connection with the operation of the Licensee Dealerships located on Licensee's Property, in accordance with the terms and conditions provided herein. NOW, fflEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, Licensor and Licensee hereby agree as follows: AGREEMENT 1. Grant of License; License Area. Subject to the terms of this Agreement, Licensor hereby grants to Licensee, for the use by Licensor and its Designated Employees (as defined below) during the Term (as defined below), a license ("License") to access and exclusively use the number of parking spaces located in that portion of the Parking Area premises as shown on Exhibit "A" attached hereto as Phase I and Phase 2 (the "License Area") for the Permitted Use (as defined below) and for no other purposes. All moving of Pennitted Vehicles into or out of the License Area and the Real Property shall be done through such points and paths of ingress and egress, and in such manner as Licensor and Licensee sha11 reasonably agree upon from time to time. Notwithstanding anything to the contrary in this Agreement, Licensee shall have access to the License Area and shall be pennitted to move Permitted Vehicles to and from the License Area at all times. As used herein, "Designated Employees" shall mean and refer only to Licensee and Licensee's employees and agents. 2. !em-The term of this Agreement (the "Initial Term") shall commence on the date upon which Licensee moves Pennitted Vehicles onto the License Area (the "Commencement Date") and shall tenninate on the date that is five (5) years after the Commencement Date, unless earlier tenninated in accordance with the provisions of this Agreement. Licensee shall have two five-year options (individually "Renewal Term") to renew this agreement at terms consistent with the Initial Tenn upon giving written notice to Licensor at least 60 days prior to expiration of the
51Initial Tenn or any Renewal Term. As provided in Section 12 below, upon the occurrence of any Event of Default (as defined in Section 12 below) by Licensee hereunder, Licensor may, in addition to any and all other rights or remedies available to Licensor hereunder, at law or in equity, immediately tenninate this Agreement upon notice to Licensee. The License is irrevocable during the Term. If Licensee is unable to get approval for parking from the City of Palm Springs (via a Conditional Use Pennit ("CUP) or otherwise) within a time frame and on terms acceptable to Licensee, then Licensee will have the right to immediately terminate this Agreement at its option. The CUP is currently expected to take six months to obtain. If the CUP is not obtained within six months of the Commencement Date, Licensor may tenninate this Agreement at its option. 3. Use and Maintenance of License Area. 3.1. Permitted Use. Licensee shall use the License Area for the sole purpose (the "Permitted Use") of parking and storage by Designated Employees of Permitted Vehicles. "Permitted Vehicles" means and refers to only vehicles of the types sold by the Licensee Dealerships (including cars, pickup trucks, SUVs, and vans. Licensee shall comply, and shall cause its Designated Employees using the License Area and any portions of the Real Property to comply with all applicable governmental laws, rules and regulations relating to the use, condition, access to and occupancy of the License Area and use of the Real Property. Licensee shall conduct the Pennitted Use so as not to create any nuisance or unreasonably interfere with the use and operation of the Real Property by Licensor and Licensor's employees, agents, vendors and customers. Licensee agrees that neither Licensee nor any Designated Employee will store any Hazardous Materials ( other than ordinary liquids, chemicals and materials which part of or are located inside the components of the Permitted Vehicles, which are categorized as Haz.ardous Materials) on or about the License Area or Real Property. As used herein, the term "Hazardous Materials" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California or the United States Government, including, without limitation, any material or substance which is (a) defined or listed as a ''hazardous waste", "extremely hazardous waste", "restricted hazardous waste'\ "hazardous substance" or "hazardous material" under any applicable federal, state or local law or administrative code promulgated thereunder, or (b) petroleum. Licensee and its Designated Employees shall comply with the terms and conditions of this Agreement. Licensee shall not use the License Area for any purpose not permitted by law or ordinance and any such unlawful use shall be an Event of Default. 3.2. Maintenance and Quality Standards. Licensee shall maintain the License Area in a safe, clean, orderly, and professional manner, and in as good order and condition as existed immediately prior to the commencement of the Tenn, subject to reasonable wear and tear, free and clear of debris, and Licensee shall conduct its use in compliance with all applicable laws. Licensee shall cause the immediate cleaning of spills or leaks of automobile fluids and Hazardous Materials within the License with appropriate cleaning agents, so that the surface of the License Area shall remain free from oil, grease, gasoline, coolant, water, soap, rubbish, debris and other such materials and/or substances caused by Designated Employees or the Permitted Vehicles during the Tenn. In the event of a spill or leak of automobile fluids or other similar or related occurrence from the Permitted Vehicles or caused by Designated Employees during the Term, Licensor shall have the right to perform environmental and other tests at Licensee's reasonable expense, in Licensor's discretion, to detennine whether the Real Property and/or License Area has -2-
52been adversely affected. If it is detennined by Licensor that the Real Property and/or License Area has been damaged or adversely affected (excepting reasonable wear and tear) as a result of or caused by Licensee's and its Designated Employees' use thereof during the Term, Licensee shall bear the costs of remediation, which costs shall be paid by the Licensee. If not paid by the Licensee then reimbursed to Licensor upon receipt by Licensee of a written statement of the cost thereof from Licensor. The Licensee's obligation to remediate any spill, leak or Hazardous Material will survive the tennination of this agreement. Notwithstanding anything to the contrary, Licensor shall in no manner be responsible or liable for~ or in connection with, any condition existing on the Real Property and/or License Area prior to the Term. 3.3. Licensor Self-Help. In the event that Licensee fails to maintain the License Area as required herein within five (5) business days after notice from Licensor, which notice shall not be required in the event of an emergency, then Licensor shall have the right to provide such services and any reasonable charge or cost incurred by Licensor in connection therewith shall be due and payable by Licensee upon receipt by Licensee of a written statement of the cost thereof from Licensor. 4. "As-ls" Condition. Licensee acknowledges that Licensee has examined and is fully familiar with the condition of the License Area and shall accept the License Area on the Commencement Date in its presently existing, "AS-IS" condition. Licensor shall not be obligated to provide or pay for any improvement work or services related to the improvement of the License Area or any other portion of the Real Property in connection with the Agreement. Licensee shall not alter, modify or improve the License Area without Licensor's prior written approval in its reasonable discretion. Licensee shall not install, erect, affix or maintain any structures, furniture, fixtures and/or equipment within the License Area without Licensor's prior written approval. Licensee at its expense will construct a retaining wall ( currently estimated to be five feet tall) on the southern boundary of Phase I of the License Area, from the western wall to the driveway. Licensee hereby acknowledges that neither Licensor nor any agent of Licensor has made any representation or warranty regarding the condition of the License Area or the Real Property or with respect to the suitability of any of the foregoing for the Licensee's use. 5. No Services. Licensee acknowledges that Licensor will not provide any services or security for the License Area. Licensee shall, at Licensee's expense, provide any security it deems necessary to secure the License Area during the Term, subject to Licensor's prior written approval. 6. Lease and License Fee. The right to access and use the License Area granted to Licensee under this Agreement shall be at $500.00 (five hundred dollars) per month ("Rent") payable in advance on the l st of each month beginning February 1, 2020. Once Licensee is granted permission to park on License Area Phase 1 as designated in ExhibitA(through either a Temporary Use Permit or a Conditional Use Permit), then Rent will increase to $1,500.00 (fifteen hundred dollars) per month payable in advance on the 1st of the month. Rent will increase by an additional $500.00 to $2,000.00 per month once Licensee has the ability to park vehicles on Phase 1 and Phase 2 as shown in exhibit A. Licensee shall bear any and all costs incurred in connection with the performance of Licensee's obligations under this Agreement,. including, without limitation, the costs of (a) maintaining the License Area in accordance with the tenns of this Agreement, (b) providing, at Licensee's option, any security or other services to the License Area, and (c) obtaining and maintaining insurance in accordance with the terms of this Agreement (d) paving -3-
53the License Area as may be required by the City of Palm Springs. The Rent will increase by 5% from the previous Rent for any Renewal Tenn. Licensee will reimburse Licensor the amount of any increase in real property or use truces assessed against the Real Property related to this License, if any, up to the amount of One Thousand Nine Hundred and 00/100 Dollars ($1,900.00) per tax year. 7. Licensor's Right to Enter. Licensor shall have the right at any time to enter or otherwise make the License Area available for inspection or review by Licensor's agents and invitees. 8. Transferability of License. The rights set forth in this Agreement are personal to Licensee, and Licensee shall not assign, convey, or otherwise transfer said rights in any manner whatsoever without Licensor's prior written consent. A transfer shall include any change in ownership of more than 50% of Licensee. Licensor shall not unreasonably withhold consent to an assignment upon change in control. Any purported transfer by Licensee in violation of the forgoing shall be null and void and, at Licensor's election, shall constitute an Event of Default hereunder. Licensor may freely assign and/or transfer its interest in this Agreement at any time without the consent of Licensee, whereupon Licensor shall automatically be released from its obligations under this Agreement arising after the date of such transfer. 9. Waiver of Claims and Indemnity. To the fullest extent permitted by law, Licensee shall indemnify, defend (with counsel acceptable to Licensor) and hold and save harmless Licensor and its members, partners, beneficiaries, trustees, officers, employees, and agents ("Licensor Parties") from and against any and all liability, claims, damages, costs and expenses, including, without limitation, attorneys' fees (collectively, "Claims"), arising from or in connection with Licensee's and/or its Designated Employees' use or occupancy of the License Area or activities in, on or about the Real Property. To the fullest extent pennitted by law, Licensee waives all claims against Licensor and the Licensor Parties for injury to persons, or damage to property or to any other interest of Licensee, sustained by Licensee or any person claiming by or through Licensee resulting from any occurrence in or upon the License Area or the Real Property or relating in any way to this Agreement. Without limitation, all of Licensee's personal property and any Pennitted Vehicle which may at any time be located in the License Area shall be at Licensee's sole risk, and Licensee shall defend, indemnify and hold Licensor harmless from and against any Claims therefor. Licensee's indemnification obligations hereunder shall survive the expiration or earlier tennination of this Agreement. I 0. Insurance. Throughout the Term, Licensee shall maintain commercial general liability insurance in the amount of$1,000,000 per occurrence insuring Licensee {and naming as additional insureds Licensor and Licensor's mortgagee) against all liability for injury to or death of a person or persons or damage to property arising from Licensor's or its Designated Employees' use and occupancy of. and access to, the License Area. Licensee may carry the foregoing insurance through an umbrella policy of insurance having a limit of not less than $5,000,000.00. Such umbrella liability policy or excess liability policy shall include coverage for additional insureds. The minimum limits of policies of insurance required of Licensee under this Agreement shall in no event limit the liability of Licensee under this Agreement. Licensee's insurance shall be primary insurance as to all claims thereunder and shall provide that any insurance obtained by Licensor duplicative of the insurance Licensee is required to maintain hereunder is excess and is non--4-
54contributing with the insurance requirement of Licensee. Licensee's insurance shall be issued by a company acceptable to Licensor and shall otherwise be in form and substance acceptable to Licensor. In the event a claim arises or accrues before the expiration of the Termt the insurance obligations hereunder shall survive the expiration or earlier termination of this Agreement as to such claim. 11. Surrender of License Area. Immediately upon the expiration or earlier termination of this Agreement, Licensee shall remove all of Licensee's personal property located in or about the License Area and to otherwise leave the License Area and all property of any kind located thereon in as good order and condition as existed immediately prior to the commencement of the Term, reasonable wear and tear excepted. In addition, within ten ( I 0) days after written demand therefor from Licensor, Licensee shall pay Licensor for any injury or damage to the License Area and/or the Project that may occur (or may have occurred) in connection with Licensee's and its Designated Employees' use or occupancy of the License Area, or Licensee's and its Designated Employees' activities in, on or about the Real Property, during the Term (reasonable wear and tear excepted). At the time of Surrender of the License Area, at the sole discretion of Licensor, upon the written request of Licensor, Licensee will remove the asphalt it installed on the License Area. 12. Termination Upon Default. Licensor may terminate this Agreement upon written notice ("Termination Notice") to Licensee upon the occurrence of an Event of Default. "Event of Default" means Licensee's failure to perform or observe any term, covenant or condition contained herein to be performed or observed by Licensee (i) where such failure continues for five (5) business days after Licensor's delivery of written notice of default to Licensee where such failure can reasonably be cured within said period, or (ii) if such failure cannot reasonably be cured within five (5) business days after Licensor's delivery of written notice of default to Licensee, where Licensee does not commence to cure such failure within such five (5) business day period and diligently pursue such cure to completion. Such tennination by Licensor shalJ be deemed effective on the date of delivery such Termination Notice to Licensee and Licensee shall vacate and surrender the License Area to Licensor in accordance with the provisions of this Agreement. Tennination of this Agreement by Licensor as aforesaid shall not prejudice any other remedies which might be available to the Licensor under this Agreement or any other agreement between Licensor and Licensee. 13. Right of First Refusal. Licensee is granted a right of first refusal to buy the Real Property. If Licensor desires to sell the Real Property, then an independent appraisal shall be done of the property by a qualified appraiser. Licensor will then propose a price to Licensee of an amount equal to or less than the appraised value (the "Proposed Price"). Licensee shall have 30 days to detennine if it wishes to purchase the Real Property at the Proposed Price. If Licensee notifies Licensor that it does not wish to purchase the Real Property at the Proposed Price, then Licensor is free to market the Real Property at or above the Proposed Price. If Licensor then receives an offer for the Real Property at less than the Proposed Price (the "Lower Price"), Licensee shall have the right to purchase the Real Property at the Lower Price and on the identical tenns and shall have ten days to notify Licensor in writing of its intent to exercise that right. To exercise its right, Licensee must, within thirty (30) days of giving notice, deposit in escrow with any escrow or title company in Riverside County, California, all moneys and instruments required by the tenns of the offer to be paid or delivered to Licensor on close of escrow and shall also give Licensor written notice of the deposit. In the event Licensee fails to purchase the Real Property in accordance with -S-
55the provisions of this section, Licensee will have waived the Right of First Refusal which will terminate and not apply to any subsequent offer or sale. The right of first refusal granted to Licensee shall exclude the following transfers: any transfer resulting from the Licensor's death; any transfer by Licensor to Licensor's spouse or any of Licensor's children; and any transfer by Licensor to any entity in which Licensor holds a 5 I percent or greater ownership interest. The right of first refusal granted to Licensee also shall not apply in the event of foreclosure (or a deed in lieu of foreclosure) or to a sale of the Real Property premises by a lender who has foreclosed. Licensee may not assign the rights granted under this Section either separately or together with a transfer of Licensee's interest, without the prior written consent of the Licensor, which shall not be unreasonably withheld, Any purported unconsented assignment shall be null and void. 14. Notices. All notices, approvals or other communications given or required to be given by either party to the other hereunder shall be in writing, shall be (a) sent by United States certified or registered mail, postage prepaid, return receipt requested, or (b) delivered by a nationally recognized overnight courier, or (c) delivered personally to Licensor or Licensee, or (d) sent by facsimile, receipt confirmed, at the following addresses, or to such other place as Licensor or Licensee may from time to time designate in a notice to the other: Licensor: with a copy to: Licensee: Gary S. and Susan A. Boskovich 4193 E. Matthew Dr., Palm Springs, CA 92264 Simon A. Houseman 74-075 El Pasco, Suite A-5 Palm Desert, CA 92260 Simon@SAH.law V.I.P. Motor Cars Ltd. 11300 Rodney Parham Rd., Ste. 300 Little Rock, Arkansas 72212 Fax No.: (501) 223-1004 Attn: Jerry G. Johnson 15. Licensor's Liability. It is expressly understood and agreed that the liability of Licensor and the Licensor Parties hereunder (including any successor owner hereunder) shall be limited solely and exclusively to the interest of Licensor in and to the Real Property. The Licensor Parties shall have no personal liability under this Agreement, and neither the Licensor nor the Licensor Parties shall have any liability for special, punitive and/or compensatory damages. 16. Miscellaneous. -6-
5616.1. No delay or omission of Licensor to exercise any right or remedy shall be construed as a waiver of any such right or remedy or of any default. No waiver by Licensor of any breach of this Agreement by Licensee shall constitute a waiver of any other breach. Any amount due to Licensor that is not paid when due shall bear interest at the maximum rate allowable under law. In the event of any legal action taken or proceeding brought to enforce the provisions hereof, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs incurred in connection therewith. Time is of the essence of this Agreement and each of its provisions. This Agreement shall be construed and enforced in accordance with the laws of the State of California. It is understood and agreed that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties hereto with respect to the subject matter hereof. Except for matters for which there is a standard of consent or discretion specificaJly set forth in this Agreement (the "Excepted Matters"), any time the consent or approval of any party is required under this Agreement, such consent or approval shall not be unreasonably withheld or delayed, and, except with regard to the Excepted Matters, whenever this Agreement grants any party the right to take action, exercise discretion, establish rules and regulations or make an allocation or other determination, Licensor and Licensee shall act reasonably. 16.2. Licensor agrees to execute any commercially reasonable landlord waiver, in form and substance reasonably satisfactory to Licensor, that may be required by Licensee's flooring lender. 17. Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, when taken together, shall constitute one and the same Agreement It is agreed that electronic copies of signed counterpart signature pages of this Agreement shall evidence and constitute valid execution of this Agreement and shall be binding on a party to the same extent as the original signature counterpart copies. [SIGNATURES ON NEXT PAGE) -7-i 13 Pn()
57IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. ·;;,;jtuJ ~tl-~dJ Susan A. Boskovich "LICENSEE": V.I.P. MOTORCARS, LTD., a California corporation By.~ Name -. i1 H-1.J .:;.cv litle: Wt
58EXHIBIT "A" LICENSE AREA Attach Watson CUP drawing.
59~1 ~, ~. sl :ii' I ~ ~ I I Ll '( ,~ I I ' I tt---,,,1tr1~' ·~·DJ.\L:I l~ : a11 -!2· . I ·1 ,,,. ~I + 1 .'I, I PHASE 1 i ,I -. ---~· . '---_~, ..... ~ . .' ... ., . : I I ' ~ ,--'-~ ..... u-.., .. :PARCEL 3 . PM 28344:
60ATTACHMENT #8
61.Merced.es ~Ben.z
Mercedes-Benz of Palm Springs
(V.I. P. Motor Cars Ltd.)
CUP Application
62Background
• V.I.P. Motor Cars at corner of E. Palm Canyon and Cherokee since 1974
• Auto Center developed and expanded over the past 20 years as an
important factor in the revitalization of the City and the East Palm Canyon
corridor
• Currently shared vehicle storage within the Auto Center
-Mercedes on top of BMW and lot behind Porsche
• Growth
-Porsche added
-BMW under renovation currently
-Hyundai renovation designed
-Genesis, new brand that needs a home
-We want to continue to grow in the City of Palm Springs
• For the past four years we have diligently searched for room to grow in our
area
-Critical necessity
63Background (continued)
Gary and Susie Boskovich property
• The property was once part of a Family business on the south side of
Matthew Dr.
• Three acres adjacent to Body Shop to the West
• Property zoned R2 at request of the family expecting development of
9 acres to East
• County took the property to the East by imminent domain for Water
Retention
Site plan includes landscape plan and screening
64~ •-C: ·-0 > "'C C: m L. (I) +-' C: (I) 0 0 +-' :::::J <( en C) C: ·c a. en E m a..
65Q) Q) ~ 0 L.. Q) ..c: ()
66...-... 0 +-' 0 ..c: a.. '+-0 Q) "'C ·-(/) C _o +-' ~ Q) :0 (/) C 0 0 L.. Q) "'C C :::J Q) ~ en
67...-... 0 +-' 0 ..c a. ~ 0 ~ co ..c Q) :!: en t5 Q) -~ e a..
68Q) :!: en 0 Q) -~ e a.. C: _o +-' C: Q) +-' Q) 0::: L.. Q) +-' ~ >. +-' C: :::J 0 () "'C C: m Q) :!: en 0 Q) -~ 0 L.. a..
69Property to the West of Project Site
70Property to the West of Project Site
71Property to the Northwest of Project Site (Art District)
72Property to the North of Project Site
73Q) ~ en +-' u Q) ._, 0 s..... a.. -e m 3: 0 +-' +-' u, Q) s en C ~ 0 0 ....J
74Property to the East of Project Site (County Water Retention Project)
75~~~
~-~-~
I\
~
~~
Landscape Plan
;
,; ~i".'i • :rl
-.... I 11,
--'j~ _/ l:',
., J;f:•
-~ jf; . !
-: ' ~ ,. • 7,iffii/, !
------~!,._-=,-:_..J_cL ___ ~_::::· ~-,~,~ ~1f•,:;l'/''/, ~ .. ____ .:,-~-.. ~r-tit!/1,.:v-;.
~i ,~ ~-----#.-· ·:l •. ~.~
, l l •· ,~z-ftt;{ilf ~-,
PROPOSED PLANTING LEGEND
SCIENTlf!P_-t
i~t
~f
·,:.., -8 l'HT.SKDeED WASHINGTON!,\ IMIRID HVBRlO FAN PALM
ft-,s
i=" " -)
6.QAI.
5115-GALMIX
6.QAI.
6-0AI.
6.QAI.
LANTMIUl'NEWGOLD' YELLOWLANTAN4
OR ~l!il~S OR TAAILIHGROSMARY
OR CARISSA M, 'GREEN CARPET OR NATAL PLUM
DASYUAJON WHEELER/ DESERT SPOON
DAI.EA GAEGGII
ENCELIA FAAINOSA
LARREA TRIJEHTATA
OR LEUCOPHYUUM 'GREEN
CI.OUO"
TRAI.INO INDH)O BUSH
BRITTLEIIUSH
0AEOSOT£ BUSH
ORlaASAANGER
0 PAOP08E03'_.'0IA.0AESTAORSlffACESELECT 80UUlERS
r DEPTH 311" GRAY OR MOHA\'E GOLD CRUSHED ROCK
BY SOUTHWEllT IICUIIEftSNID STONE WttERE IHOICATED
~'to,~~1:'Wu~ilW&W'saWn¥~~~-
I
~-r
" ,.s:1
, PLANTING NOTES
2 ~A~K'f..'lill'MJ"o~lMts~~gc~CTOR
~~~T~~·~~PRIOA
TO BID. CONTRACTOR TO PIIOY1De AND "'8TALLALL PUNTS INDICATED PER P\AH
3 AU. TREES WITHIN FIVE FEET OF PAVIHOSHAU. BE INSTALLED WITH APPROVED
DEEP ROOT BAAAlEll
;.~ _ ff/1 ~/
.1 .
~ / j ,I/ J ~ -, .;,1; -«;(1/, _, ;,,it /ifii;i9§1 ~ 1/:i ,-,1,)icM''""'' -. .ii I
·111ttr:
-===:::::::t
~
MASTER PLANTING PLAN
• ID en w
(.)
5
0:: z ~ z c.,
...J a:::: -
~Wen :::JC w to 0
~~~
J: 1--< ~a::::(.)
<Wen wen a
Q. w z tS C < en ...J a z
:5
ci ._
...Jc., z <
~(/)~Lil~
u..0::c(~O rn<(C..c~ k>~~~ iO::!z~~
(.)~~i~
:g,-~gi~
~Q~;~
~~ ~
a.~
5
IESEJrr /ilOOEIIH
I.ANDSCN'E OESIGN -~-=-
~
L-1 .0
76Summary
While zoned R2, the Boskovich property is in a rather
industrial area sandwiched between a body shop and
a County Water Retention Project.
This property has been identified after much searching
to meet the critical growth needs of the Auto Center.
We respectfully request the City Council approve the
Conditional Use Permit.
77ATTACHMENT #9
78PROJECT DATA OWNER: GARY S. & SUSAN A. BOSKOVICH 4193 MATTHEW DRIVE PALM SPRINGS, CA 92264 APPLICANT: VIP MOTOR CARS LTD. JERRY JOHNSON 4095 E. PALM CANYON DRIVE PALM SPRINGS, CA 92264 OWNER'S CONSULTANTS CIVIL ENGINEER: WATSON ENGINEERING 48725 VERBENA ROAD PALM DESERT, CA 92260 TEL: (760) 275-1553 DATA TABLE PARCEL 3 OF PM NO. 28344, BOOK 191/6-7 A.P.N.: 681-170-065 EXISTING GENERAL PLAN: EXISTING ZONING: R2 EXISTING LAND USE: RESIDENTIAL PROPOSED LAND USE: RESIDENTIAL & VEHICLE PARKING GROSS NET SITE AREA: 3.0 ACRES PARKING AREA: Underground Service Alert ~ DIAL: ~ 811 37,200 SF (PAVED AREA) 41,500 SF (DISTURBED AREA) BENal 1--+-----------------------+----+----l-LOCAlla< CONDITIONAL USE PERMIT NO. VIP MOTOR CARS LTD. VEHICLE INVENTORY PARKING 4193 MATTHEW DRIVE, PALM SPRINGS, CA 92264 JANUARY, 2020 i w ~ !I! CJ SANTAANA ST SANTA MONICA ST NEWPORT DR > ~ ~ ~ ::; Cl) E 7 LAKES DR MATTHEW DR PROJECT SITE ' VICINITY MAP NTS SECTION 30, T.4.S., R.5.E., S.8.8.& M. DESIGNBY: CITY Rl3HJ-OF-: 11111W. LWW Q£Q( WAY : unH ~u1oouimrn@/ 1° .. WNBY: 11WAC LWW SIGG O'lll E)jGlt,[[1!'4(; • LAIID Pl.Alilil~G I DAlE ~~~ Rc\1EWEDBY: flElD : ENG"G Dl\ff PIIEPNEJBT: APPRO\'EDBY: LLOYDW.WATSON,P.E. RU.Ml. I .. ff R.l:.f.NO. ""' tmENGINEER I INDEX OF DRAWINGS SHEET 1 SHEET2 INDEX SHEET SITE PLAN LEGAL DESCRIPTION PARCEL 3 OF PARCEL MAP NO. 28344, AS SHOWN BY MAP ON FILE IN BOOK 191, PAGES 6 & 7 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. CITY OF PALM SPRINGS, CALIFORNIA CONDITIONAL USE PERMIT NO. VIP MOTOR CARS LTD. DATE VEHICLE INVENTORY PARKING 4193 MATTHEW DRIVE. PALMSPRINGS.CA9Z284 IN THE SE 1/4 OF SECTION 30. T.4.S.. R.5.E., S.S.8.6 M. I Fl£Ml. ~ 1 Df2SHTS.
79
~
)> en
-I m ::a ;;
! ~ -a ~ r
)> ~ I!! z r::::J -I g I _Q -z :I:;c c:o Zen
G) !!
:::!:s:;
Z)> G);c
-4--a oz
z~ .
0 " r )>~ ~ ;c,, ··. )> rilo ; -:lz z > r-
ci5
"' (")
)>
r;--f/) fij
:t
~ m
0 m ~ -t 9
ff r
l"...,.,,.l .<;4t"1 /,IPJ __
J/1 /f}
11 I i~ ,~Ii~ ,~~1 , 11 c;i
~
I
.1?.t:fJ
LANDSCAPE PLANS FOR
VIP MOTOR CARS LTD.
VEHICLE INVENTORY PARKING
4193 MATTHEW DRIVE
PALM SPRINGS, CALIFORNIA
UPGl/T T~?.?S
LANDSCAPE ARCHITECTURAL SERVICES BY:
DESERT MODERN
LANDSCAPE DESIGN
80ho b.o b b.o b.o b.o b b.o b.o b.o b b.o ho b.o b.o ho b.o b.o b.o b.o b ho b ho b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o ho b.o ho b.o ho b.o b.o b.o b.o b.o ho ho b.o b.o b.o b.o ho b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o ho b.o b.o b.o b.o b.o b.o b.o ho b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b b.o b.o b.o b.o b.o b.o b.o b b.o b b.o b.o b.o b b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b b b b.o b b.o b b.o b b.o b b b b.o b b b b.o b.o b.o b b.o b b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o ho b.o ho b.o b.o ho ho ho ho I ho I ho b.o ho b.o b.o b.o ho ho ho b.o ho ho ho b.o ho b.o b.o b.o b.o b.o ho b.o ho b.o ho ho ho b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o 11.o I 11.o I ho b.o 11.o 11.o 11.o b.o 11.o 11.o 11.o ho b.o b.o b.o 11.o b.o b.o 11.o 11.o 11.o b.o 11.o b.o ho b.o ho b.o 11.o b.o b b.o ho b.o ho ho ho b.o 11.o b.o b.o ho ho I ho I b.o b.o b.o b.o b.o II b.o b.o ho, , b.o ho b.o., b:o,~ 0ho "i,~', ~"i.o•w->6.1 iu '6.1 '6.o b.o \.o b.o hii Ii.a ~o 6.o i• i• 6.o li b.o 11.o b.o b.o 11.o ho ho b.o 11.o b.o 11.o ho ho b.o b.o b.o b.o b.o b.o b.o ho b.o ho b.o b.o b.o ho ho b.o ho b.o 11.o b.o b.o ho b.o ho b.o b.1 b.o b.o b.o b.o b.o b.1 b.1 b.o b.o ho b.1 b.1 b.1 b.z ho b.o b.1 b.1 b.1 b2 II.a ho h1 b.o b.1 b.o b.1 h1 b.1 b.1 b.1 b.1 b.1 b.z b.3 b.4 b.1 b.z b.• b.6 b.9 b.1 b.2 b.• I.a l!.1 b.1 h3 b.s 1.1 ~-• b b ~ 12 ~ ~ 1.0 b ~ ~ b b ~ b b ~ b b ~ b.7 b b b.s b b b.7 b b b.7 b b.9 I.a !J !J !J !J !J !J !J !J b.9 I.a ~ ~ b ~ ~ ~ ~ b b b 1.e 1.• l!.• ?u !J.7 '3.8 Pl-ffiSE!i.72 '3.8 !J.7 u. !J.4 l!,7 1.e b ~ b ~ ~ b b b b b b b ~ b.o ~ ~ ~ b ~ ~ l-..6 '1.s hs h, h, \0.1 'r.o I lo.ii h l•.3 .3 .• I 'r.o I i., I 'Tai '1 '1. 02 111.6 I '12 I i..1 I 11.el !s.· !5. !s.1 I !1.1 :0b:0~: 1 ~ b.z b b 2 b b b b b.o b.o b.o b.o b.o b.o b.o 11.o b.o b.o ho b.o b.o b.o b.o 11.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o b.o ho ho b.s b.3 b.1 b.1 b.o b.o ho b.o ho b.o b.o b.o b.o b.o b.o b.o b.o b.o ~ b.9 h3 b b ho ho b.o b.o b.o b.o b.o b.o b b.o b b.o b b.o b.9 ~ b.2 b b b.o b.o b.o b b.o b.o b.o b.o b.o b.o b.o b.o b.o b b.o ho b.o ho ho b.o ho b b b.1 b.o b.o 11.o b.o b.o b.o b.o b.o !J.4 l!s l.e 1.s 1.1 ~.8 !J.4 l!.9 l!.5 b.7 hJ b.zl B b.1 b.1 ~ b2 b.1 b.1 ll.1 b.o b.o b.o b.o ho b.o b.o b.o b.o b.o b.o 4.7 ~-3 b.• b.z b.1 b.1 b.o b.o b.o b.o b.o t.., •-1'... 1.e l.z b.6 b.3 b.2 ll.1 b.1 b.o ho b.o b.o h1 b.1 b.z h3 • !J l~B }S 0.1 111., I '1.3 I !i.e I •. ,I -.. .. -..u •2 1 •-S I .... , ~~ b !J.o~ 1.e b.7 h3 b.2 b b b.o b.o b.o b.o 11.1 b.1 h1 b.1 ll.1 b.1 b.1 b.1 ll.1 b.1 b.1 b.1 h1 tu 11.o b.1 ho b.1 > b.z h3 ~ b.9 b.z b.3 b.z b.J ... M JJ.s "' a, z b.5 b.1 b.e 1.1 b.2 b.3 b.s I.a l!.o h1 b.3 b.5 !J ~ .. b.1 h3 b.s lz !J.o b.1 b.3 b.5 I.a h b.1 bz b.• b., 1.7 b.1 b.zb.3b.5b.7 11.o b.o b.1 b.1 b.2 b2 b.• . 6 111.• I i..6 I ~ I !i.,I !i. !J., lls '12 '7.e !;_7 '3.8 l!.6 l!.o 1.6 PHASE l 11.4 11.1 ',.3 ~ '3.o I.a 1.1 b.1 11sl11.6li..7lbll!.• Ii.• I 11.a I l.2 I !i.1 I l!.ol l.o! b. lo.3 I 11.6 I 1;.1 I !J.3 I \.7 b. 11.r. 111.1 I "I ul 1.71 b., b.· t..e It.., l 15.o I !i.ol l!.1 l!i.o l!i.• 1-...1 I !s.• I '1.61 '1. ~ ob.O q_p ~1 b.1 b.o b.o b.o b.o 1.s l.6 1.e l!4 ls !;_3 'r.7 '1.o !;_4 l!.o h b.4 b.z ll.1 b.1 b.1 b,o b.o ho b.7 b.s 12 h !J.3 !5.• '7.7 11.7 l!.9 1.7 b.7 b.• b.2 b.1 b.1 b.1 b.o b.o b.o '1i6 ,.o I h l.e 1.o b.7 b.• b.2 b.1 b.1 b.o b.o b.o b.o b.s I 1.o I h I ~.a I !s.sl '7. •.6l.r.b.sb.6b.•b.2~ b.1 b.o b.o b.o b.o b.s I b.9 I l.7 I ~-• I 1;_3 •·' l!.o 1.z b.7 b.• b.z ll.1 b.1 b.1 b.o b.o b.o b.s I b.s I 1.s I :i.e I -...,1 ., ~~Db~ h b.7 ~ b.2 b b b.1 b.o ho b.o ho b.o 0 t..1 11P b.e ti.• b.z b.1 ti.. h1 ho ho b.o ho ho ho ho b.o b.o b.1 h3 b.s h b b ~ b ~ ~ !J.o 1.7 b.7 h3 11.o ho b.o ho b.o b.o b.o b b b b b.z~b I.a l.s 1.7 h 1.e ~I.ab~ b.z b.z b b I.ah~~~ 11.e ~ ~ ~ b.9 b h3 b b b b.ohob.ohob.oho llct.Sl'd an ttw il"lf'at'"l"Gtioft p,-ow:t.d. oil ditwri5ions •lld 1.....-,ar. IOCCltiorlS shl:nn r~n.nt r•cOl'INPl'lct.d positions. TM ..,.._,.,. Gf'tdlor a,-chit.ct ,ust •~ 'tlW nppliCGbii1:y of thlP loyout to •ids.ting or F'utut"• F'..td cOf'lditiofls. This lighting pla.n ,..,.,,.es.nts ilLa'lina.tion ,.,,..s colcutot.-d '"°" labol'"otOl"y do.to tokffl ~ contrall•d Canditians in 0CCOt"clDN::• lrith 11,. llh .... ting E~inQ Soci91y (JES) OPP,-DYftl l'll'thc>dS. AcWCll .,....F'Ol"l'IClftC. of' any MrufaC11M"lff''S IUWIOil'"•s MY vory ._, to cho~s i'I .. ec1riea.l valto.~. talffo.nc• in 10.~s/L[D"s and other va.rioblr f'~d conditiQns. Colculo tiOrls oo not lnelude at1s1n.C'ti0ns such os tlUl.dinQS, c...-bS, lCllldscoP"Q. or ciny ot~ orcl'littc'lwo1 elNlffltS Wll•ss note f"ixtW'e ftONPf\Cla.tur• noted dcM'5 not heh•• l'IOW'lthg ha.rdWGr• Of" poles. Ttws .,a.wing is for ph01:DPll'1riC •vo.luci 1:ion purpoSf'5 °'"'Y o.nd showld no1 W used os o constn.c:tlon doc-...n1 er a.s a. fit"ICll doe~t F'or orderW'IQ procl.Ct. Lul'linGir-e Schedule ~ Qty Label 4 A I B 1-1 7 lo' Calculo tiOn Sul'lll'IIO.ry Label CalcType CALCS @ 4' AFG-10' X 10' lllurlino.nce PHASE I IUUfflno.nce PHASE 2 lll"'"no.nce Arranger,ent Description SINGLE MRM-LED-42L -SIL-FT-S0-70CRI-SINGLE-24' MH D180" MRM-LED-42L-SIL-Slo'-50-70CRI-Dl80-24' MH SINGLE Slo'PM-lo'B-LED-PLl-50-5' MH Click image to open Product Paga Units Avg Max Min Avg/Min re 1.85 20.5 0.0 N.A. re 6.22 20.5 0.2 31.10 re 2.83 8.0 0.4 7.08 LLD UDF LLF Arr. Lul"I. Lul"lens 1.000 1.000 1.000 45192 1.000 1.000 1.000 86288 1.000 1.000 1.000 5018 Max/Min N.A. 102.50 20.00 Arr. lo'atts 390 780 50.26 Total Pro~t 'Watts Totol Yotts = 26'H.8Z rm ~ IGHTING PROPOSAL VIP CARS PALM SPRINOS. CA SCALE• 1"=20' D Q
81
i
!I
~
~
.~ .... ---\ I 1 MATHEW DRIVE • ·,r "'" ;,·:,., ,::,f:..., r =:M.11!1 ....
.,,
"#14'
1 ::.,, ,·. ":<
_~_-=_·_·, ____________ -_::_:r--=-:-=-: _-:-::;::~=-t:::.·-~=il~·:r ~~
\
\
BASIS OF BEARING=CCS83 ZONE 6
-~#PARCEL 3
PM 28344
)'~
. .,..
,,. ,.,.,,
,..., ., ,.. ..
;::,··· ... ~-· ~;..>
GRAVEL
··~
BENCHMARK= CITY OF PALM SPRINGS BENCHMARK# T-7. 3" USGLO BRONZE DISC SECTION CORNER 24, 19, 25, 30 SET IN
MONUMENT WELL SE CCR EL CIELO AND ESCOBA ROAD (EL=383.352)
N
t
ZO'
Corporate Headquatrers •2270 Spectrum Street, Indio, CA 92203
Phone: 760-396-9260
Fax: 760-396-52•5 ~-------------------------------------------------------------------_ ...... _____________ ...