HomeMy WebLinkAbout24811RESOLUTION NO. 24811
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:
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.
Resolution No. 24811
Page 2
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.
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
Resolution No. 24811
Page 3
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 Il, 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.
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
Resolution No. 24811
Page 4
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
ATTEST:
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. 24811 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 October 22, 2020, by the
following vote:
AYES:
Councilmembers Garner, Middleton, Woods, and Mayor Kors
NOES:
None
ABSENT:
Mayor Pro Tem Holstege
ABSTAIN:
None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this Lk4— day of &,zo.
w
A6t6ony J. MVrprings,
i MM`, Clerk
City of Palm California
RESOLUTION NO. 24811
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
Resolution No. 24811
Page 5 (Exhibit A)
cooperate fully in the defense, the applicant shall not, thereafter, be
responsible to defend, indemnify, or hold harmless the City of Palm Springs.
Notwithstanding the foregoing, the City retains the right to settle or abandon
the matter without the applicant's consent but should it do so, the City shall
waive the indemnification herein, except, the City's decision to settle or
abandon a matter following an adverse judgment or failure to appeal, shall not
cause a waiver of the indemnification rights herein.
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.
Resolution No. 24811
Page 6 (Exhibit A)
PLANNING 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
Resolution No. 24811
Page 7 (Exhibit A)
Department of Planning Services and the Department of Engineering
Services for review.
PLN 11. Recordation of Parkinq 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.
PLN 13. Twelve (12)-Month Review Required. The City Council shall review this
Conditional Use Permit at a noticed public hearing at 12 months from
commencement of operations of the auto storage facility.
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
ENG 2. 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.
ENG 3. All broken or off grade street improvements along the project
frontage shall be repaired or replaced.
Resolution No. 24811
Page 8 (Exhibit A)
CAN-.qITF
ENG 4. 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 preliminary site plan does not constitute
approval of the on -site layout of streets and parking spaces as
proposed.
ENG 5. 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.
ENG 6. 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.
ENG 7. 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.
Resolution No. 24811
Page 9 (Exhibit A)
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
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 "PM10" 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.
ENG 9. 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-
THPOCaD-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.
ENG 10. In accordance with an approved PM-10 Dust Control Plan, temporary dust
control perimeter fencing shall be installed. Fencing shall have screening
Resolution No. 24811
Page 10 (Exhibit A)
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.
ENG 11. 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.
ENG 12. 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
Springs Municipal Code Section 8.50.022. Following stabilization of all
disturbed areas, perimeter fencing shall be removed, as required by the
City Engineer.
ENG 13. 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.
ENG 14. 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.
ENG 15. 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.
ENG 16. 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)
ENG 17. 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
Resolution No. 24811
Page 11 (Exhibit A)
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).
WATER QUALITY MANAGEMENT PLAN
ENG 18. 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).
ENG 19. 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.
ENG 20. 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-
Resolution No. 24811
Page 12 (Exhibit A)
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.
DRAINAGE
ENG 21. 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).
ENG 22. 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.
ENG 23. 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.
GENERAL
ENG 24. 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.
ENG 25. All proposed utility lines shall be installed underground.
Resolution No. 24811
Page 13 (Exhibit A)
ENG 26. 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.
ENG 27. 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.
ENG 28. 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.
ENG 29. 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.
ENG 30. 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.
TRAFFIC
ENG 31. 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.
ENG 32. This property is subject to the Transportation Uniform Mitigation Fee
which shall be paid prior to issuance of building permit.
ENG 33. The City Engineer shall study and implement as may be warranted any
pedestrian safety improvements immediately adjacent to the subject site,
including the following:
Resolution No. 24811
Page 14 (Exhibit A)
• Additional signage near the school bus stop on Matthew Drive,
notifying drivers of the presence of school children;
• Crosswalks and accompanying signage at adjacent intersections
where warranted;
• Other pedestrian enhancements as may be recommended by the
City Engineer
FIRE DEPARTMENT CONDITIONS
FID 1. 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.
FID 2. 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.
FID 3. 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.
FID 4. 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.
Resolution No. 24811
Page 15 (Exhibit A)
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.
FID 5. Access During Construction (CFC 503): Access for firefighting equipment
shall be provided to the immediate job site at the start of construction and
maintained until all construction is complete. Fire apparatus access roads
shall have an unobstructed width of not less than 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.
FID 6. 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.
Resolution No. 24811
Page 16 (Exhibit A)
END OF CONDITIONS