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HomeMy WebLinkAboutARCH REV - RES NO 1030RESOLUTION NO. 1030 A RESOLUTION OF THE ARCHITECTURAL REVIEW COMMITTEE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MAJOR ARCHITECTURAL APPLICATION FOR THE REVIEW OF SPECIFIC DESIGNS FOR FOUR (4) SINGLE-FAMILY HOUSES ON LOTS 10-13 LOCATED AT LAS PALMAS ESTATES DRIVE (CASE 3.4194 MAJ). THE ARCHITECTURAL REVIEW COMMITTEE FINDS AND DETERMINES AS FOLLOWS: A. One Las Palmas LLC, Owner ("Applicant") filed an application with the City, pursuant to the Palm Springs Zoning Code (PSZC) Sections 94.04.00 (E) (architectural review), 93.13.00 (hillside development), of the Palm Springs Zoning Code, for development of four (4 ) single-family house on Lots 10-13 at the One Las Palmas subdivision located at Las Palmas Estates Drive ("the Project"). B. On April 8, 2021, the City Council adopted Ordinance No. 2042, amending Section 94.04.00 of the PSZC to reassign review of Major Architectural Review (MAJ) applications from the City's Planning Commission to the City's Architectural Review Committee. B. On March 22, 2023, City staff notified the owners of properties immediately adjacent to the Project site of the scheduling of an Architectural Review Committee meeting to consider the subject application, pursuant to PSZC 93.13.00 (13,1,c). C. On April 17, 2023, the City's Architectural Review Committee held a public meeting in accordance with applicable public law. At said meeting, the Architectural Review Committee 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. THE ARCHITECTURAL REVIEW COMMITTEE RESOLVES: Section 1: The proposed project received a Negative Declaration as part of a Planning Commission action in conjunction with approval of Tract Map 28996 and no circumstances have changed that would nullify the determination that the project would have no negative environmental impacts. The Architectural Review Committee has evaluated the Project pursuant to CEQA and concurs and no further analysis is required. Section 2: Based upon the foregoing, the Architectural Review Committee hereby approves Case 3.4194 MAJ, for development of four (4) single-family houses on Lots 10- 13 at the One Las Palmas subdivision located at Las Palmas Estates Drive, subject to the conditions of approval attached herein as Exhibit A. ADOPTED this 17th day of April, 2023. Motion made by McCoy and seconded by Thompson to approve. AYES: McCoy, Thompson, Jackway, Welsh, Poehlein, Rotman NOES: None RECUSE: Doczi ATTEST: Chris Hadwin Director of Planning Services CITY OF PALM SPRINGS, CALIFORNIA RESOLUTION NO. 1030 EXHIBIT A Case 3.4194 MAJ One Las Palmas Subdivision April 17, 2023 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 (3.4194 MAJ). ADM.2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped (March 23, 2023), including site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division except as modified by the approved Mitigation Measures and conditions below. ADM 3. 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 4. Minor Deviations. The Director of Planning or designee may approve minor deviations up to one (1) foot in height of pad elevation'for the project per approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 3.4194 MAJ. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City Planning Commission Resolution No. 1030 Case 3.4194 MAJ - One Las Palmas Conditions of Approval — April 17, 2023 Page 2 of 9 of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 6. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking _areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. ADM 7. Time Limit on Approval. Approval of the Major Architectural Approval shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. ADM 8. 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 2.05.00. Permits will not be issued until the appeal period has PLANNING DEPARTMENT CONDITIONS Conditions previously approved by Architectural Review Committee on July 5, 2022 PLN 1. Front yard setback to be eighteen (18) feet from the curb or property line to the face of the garage door. PLN 2. Architectural projections are permitted into the setback reviewed by Planning Staff on a case -by -case basis. PLN 3. Architectural Review Committee to evaluate the proposed development on Lots 10, 11, 12, and 13 to include the specific house type on each lot. Complete exhibits with specific locations for all elements including setbacks, Planning Commission Resolution No. 1030 April 17, 2023 Case 3.4194 MAJ - One Las Palmas Conditions of Approval — Page 3 of 9 walls, grading, drainage, roof pitch, percent slope between lots, accessory structures, parking, and a site plan with property lines. PLN 4. Approval of a setback reduction for Lots 14, 15 and 17 allowing for an eighteen (18') foot front yard. PLN 5. Approval of an increase in building height to sixteen (16') feet for the east elevation for Plan 1A, 1 B, 2A and 2B. PLN 6. In order to provide a diverse streetscape, no building plan type or elevation shall be site adjacent to each other. PLN 7. Outdoor Lighting Conformance. Exterior lighting plans, including a photometric site plan showing the project's conformance with Section 93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance, -shall-be -submitted for approval by the Department of Planning-- prior -to issuance of a building permit. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be included. If lights are proposed to be mounted on buildings, down -lights shall be utilized. No lighting of hillsides is permitted. PLN 8. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs Municipal Code and all other water efficient landscape ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior to the issuance of a building permit. Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are in conformance with the water agency's and the State's Water Efficient Landscape Ordinances. PLN 9. Provide smart controllers on irrigation system PLN 10. Roof surfaces shall be tan, beige, grey, sand or other color that blends with the natural color in the area; no white or off-white roofs. PLN 11. Solar Policy. All new single-family residential and multi -family residential construction as a condition of approval for a discretionary application shall provide a solar photovoltaic system equivalent to two (2) watts times the total square footage of the residential dwelling unit Planning Commission Resolution No. 1030 April 17, 2023 Case 3.4194 MAJ - One Las Palmas Conditions of Approval — Page 4 of 9 NG DEPARTMENT CONDITIONS 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 48-hour inspection notification is required. LAS PALMAS ESTATES DRIVE (PRIVATE STREET) ENG 2. All broken or off grade street improvements along the project frontage shall be repaired or replaced. SANITARY SEWER ENG 3. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. GRADING ENG 4. 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 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. Planning Commission Resolution No; 1030 April 17, 2023 Case 3.4194 MAJ - One Las Palmas Conditions of Approval — Page 5 of 9 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. ENG 5 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 ACBC1- THPO(Maguacaliente.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 posse e.—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 6. 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 prior to issuance of. Grading Permit and commencement of grading operations. ENG 7. 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 8. 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 9. 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 10. For those lots that are shown on the approved Grading Plan for Tract No.28966, which is on file in the Engineering Services Department, the Planning Commission Resolution No. 1030 April 17, 2023 Case 3.4194 MAJ - One Las Palmas Conditions of Approval — Page 6 of 9 pad elevations of the structures shall be within 2 inches of those elevations' indicated, unless otherwise approved by the City Engineer. ENG 11. 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 eight hundred dollars ($800) (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 12. 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 13_^ The applicant shall provide Grading_ Certification_for__alLbuilding_(or- -. structure) pads in conformance with the approved grading plan (if required), to the Engineering Services Department for review and approval. ENG 14. 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" (Revised - RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 6819 East Gage Avenue, Commerce, CA 90040 (Phone (760) 782-3271, (562) 505-6415), Sonia. Oranacdfa.ca.4ov. DRAINAGE ENG 15. 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 16. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $10,311.99 per acre in accordance with Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL L Planning Commission Resolution No. 1030 April 17, 2023 Case 3.4194 MAJ - One Las Palmas Conditions of Approval — Page 7 of 9 ENG 17, 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 18. All proposed utility lines shall be installed underground. ENG 19. 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 20. Upon approval of any improvement plan (if required) by the City Engineer, the improvement plan shall be provided to the City in digital format, 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 21. 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 22. 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 23. 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 24. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and streetlights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. ENG 25. Construction signing, lighting and barricading shall be provided during all phases of construction as required by City Standards or as directed by the Planning Commission Resolution No. 1030 Case 3.4194 MAJ - One Las Palmas Conditions of Approval — April 17, 2023 Page 8 of 9 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 26. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. 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 2020 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix "T" Development Requirements. and latest adopted NFPA Standards. Three (3) complete sets of plans for fire sprinkler systems must be submitted prior to a building permit being released. FID 3. Materials and Construction Methods for Exterior Wildfires Exposure: All materials and construction methods shall comply with Chapter 7A of the Building Code of High Fire Areas. FID 4. 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 5. 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 Planning Commission Resolution No.;1030 April 17, 2023 Case 3.4194 MAJ - One Las Palmas Conditions of Approval — Page 9 of 9 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. 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. FID 7. Required access (CFC 504.1): Exterior doors and openings required by this code or the California Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided when required by the fire code official. FID 8. NFPA 13D Fire Sprinklers Required: An automatic fire sprinkler system is required. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13D, 2016 Editions, as modified by local ordinance. FID 9. Residential Smoke Alarms Required: Shall be interconnected so that operation of any smoke alarm or fire sprinkler flow switch causes all smoke alarms within the dwelling & guest house to sound and activate the exterior horn/strobe. END OF CONDITIONS