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HomeMy WebLinkAboutITEM 4A - DP-2025-0006_PC Packet_07022025 PLANNING COMMISSION STAFF REPORT DATE: July 8, 2025 NEW BUSINESS SUBJECT: A REQUEST BY IN-N-OUT BURGER FOR A MAJOR DEVELOPMENT PERMIT TO CONSTRUCT A NEW 3,886-SF RESTAURANT AND AN AUXILIARY DRIVE-THRU FACILITY AT A 2.35-ACRE SITE LOCATED AT 1801 EAST PALM CANYON DRIVE, ZONE C-S-C, SECTION 25 (CASE DP-2025-0006). (NK) FROM: Department of Planning Services SUMMARY: This is a request to construct a 3,886-SF restaurant at a maximum building height of 23.5 feet and an ancillary drive-thru facility at a 2.35-acre parcel located at 1801 East Palm Canyon Drive. As proposed, the project requires the approval of an Administrative Minor Modification (AMM) application for a 102-foot setback on the East Palm Canyon Drive frontage, which is excluded from the purview of Planning Commission’s review. The following applications have been filed in conjunction with this request: • Major Development Permit (DP-2025-0006) for the construction of a new 3,886-SF commercial building, drive-thru facility, freestanding canopy, trash enclosure, off- street parking, and landscape. • Administrative Minor Modification (AMM-2025-0006) for a 102-foot front yard setback instead of the code-required 125-foot-minimum along East Palm Canyon Drive. • Land Use Permit (LUP-2025-0019) for outdoor dining. • Major Architectural Review (AR-2025-0040) for architectural design review by the Architectural Review Committee (ARC). The application will result in closure of the existing frontage road along East Palm Canyon Drive and replacement with a publicly accessible pedestrian path and landscaping, mirroring what has occurred in the development to the east. It will also include improvements to circulation along East Palm Canyon Drive and Smoke Tree Lane that will assist in traffic management in ingress/egress to the shopping center. ISSUES: • The project requires the approval of an Administrative Minor Modification (AMM) application for a 102-foot front yard setback along East Palm Canyon Drive instead of Planning Commission Staff Report July 8, 2025 – Page 2 of 15 Cases DP-2025-0006 the code-required 125-foot-minimum, which is subject to review and approval by the Director of Planning Services and excluded from the purview of Planning Commission review. • Architectural details will be further evaluated by the Architectural Review Committee (ARC), including feedback provided by the joint PC/ARC design subcommittee. RECOMMENDATION: That the Planning Commission: 1. Approve the Major Development Permit (DP-2025-0006) application subject to the conditions of approval attached to the resolution (Attachment 3). SCOPE OF REVIEW: 1. The Planning Commission shall review the Development Permit application (Case DP-2025-0006) for conformance to the criteria listed in Palm Springs Zoning Code (PSZC) Section 94.04.01(D). BUSINESS PRINCIPAL DISCLOSURE: Public Integrity Disclosure Form is attached to this staff report (Attachment 5). PROJECT DESCRIPTION: The applicant is proposing to construct a new 3,886-SF restaurant at a maximum building height of 23.5 feet and an ancillary drive-thru facility on a 2.35-acre parcel. The proposed site design also includes a new freestanding canopy, trash enclosure, off-street parking, landscape, and outdoor dining areas. The site is the former Bank of America site, which was recently demolished following Historic Site Preservation Board (HSPB) approval. The project site is located in the C-S-C (Commercial Shopping Center) Zone. Pursuant to PSZC Sections 92.11.01(A)(1) and 92.10.01(A)(14), food service facilities of all types, except drive-in and drive-through types, are permitted by right in the C-S-C Zone. PSZC Section 92.11.01(D) further states that drive-thru facilities in the C-S-C Zone “If not approved as part of the original plan…may be permitted subject to further approval of a conditional use permit, as provided in Section 94.02.00.” The shopping center was initially developed with several drive-thru uses, including the subject site which contained a Bank of America with a two-lane drive-thru facility. While the building has been demolished, the proposed project is not subject to the requirement of a Conditional Use Permit (CUP) because drive-thru uses were established in original plan for the shopping center in accordance with PSZC 92.11.01(D). In conjunction with the Major Development Permit application, the applicant has submitted an Administrative Minor Modification (AMM) application for a 102-foot yard setback along East Palm Canyon Drive instead of the code-required 125 feet, as well as Planning Commission Staff Report July 8, 2025 – Page 3 of 15 Cases DP-2025-0006 a Land Use Permit (LUP) application for the proposed outdoor dining. The approval authority of AMM and LUP applications is the Director of Planning Services (PSZC Sections 94.06.01.B.1.b & 94.02.01.D.3); therefore, the AMM and LUP applications are excluded from the purview of Planning Commission’s review. The Director of Planning Services has indicated his intent to approve the AMM and LUP applications following the Planning Commission’s approval of the Major Development Permit application. SUBCOMMITTEE MEETING: On February 11, 2025, prior to the official submission of the Major Development Permit application by the applicant, an introductory meeting was held to discuss the proposed project. The meeting attendees included two ARC members and a Planning Commissioner (ARC Chair Lance O’Donnell, ARC Member John Walsh, and Planning Commissioner Scott Miller), In-N-Out team, and City staff. The intent of the meeting was for the subcommittee to understand the proposed project and provide comments in the preliminary stage of the project to assist the applicant’s team with developing and finalizing the project proposal for their official application submittal to the City. Based on the preliminary development proposal, the subcommittee directed the applicant to further explore the following areas: 1) Appropriateness of the proposed architecture; 2) Contextual appropriateness of the proposed project in relation to the rest of the Smoke Tree development; 3) Scale, particularly the treatment of the upper portion of the building; and 4) Colors. Additionally, the subcommittee directed the applicant to consider the following in design synthesis: • Solar control • Location of the outdoor dining area • Design of the freestanding “Associate Canopy” • Prevention of drive-thru traffic spillover • Local climate (e.g. General material selection, Quantity and location of hardscape, Amount of shade) • Prevention of potential light pollution • Plant material selection and application (e.g. Use of California Fan Palm over other palms such as Date Palm, Installation of plant materials next to the building) • Pedestrian connection between the site and East Palm Canyon Drive and the Smoke Tree development BACKGROUND INFORMATION: Related Relevant City Actions 07/02/2024 Historic Site Preservation Board (HSPB) approved the demolition of a Class 4 site and associated reviews for potential redesignation of a Class 4 site to a Class 1 or 2 historic resource and determined that determined that no further action is required (HDEMO-2024-0011). Planning Commission Staff Report July 8, 2025 – Page 4 of 15 Cases DP-2025-0006 Most Recent Change of Ownership Unavailable Smoke Tree, Inc. Related Building Permit 09/09/2024 Building Permit application (BLDC-2024-0968) was received for building demolition (Work completed on January 23, 2025). Neighborhood Notice 07/03/2025 Notice emailed to Neighborhood Organizations within one (1) mile of the project site. Field Check 06/18/2025 07/01/2025 Staff conducted a site visit to confirm the conditions of the site. Existing Street Improvement Conditions Street Name Travel Lanes Curb & Gutter Sidewalk Frontage Road Along E. Palm Canyon Drive (North) Y Y Y Smoke Tree Lane – Private (East) Y Y Y Access Road – Private (South) N N N DETAILS OF APPLICATION REQUEST: Site Area Net Acres 2.04 Acres (Approx. 89,04 SF) – Existing 2.35 Acres (Approx. 102,255 SF) – Proposed Surrounding Property Existing Land Use Per Chapter 92 Existing General Plan Designation Existing Zoning Designation Subject Property Undeveloped (Former Bank of America Site) MU (Mixed-Use) CSC (Community Shopping Center) North Multi-Family Residential MDR (Medium Density Residential) PD South Undeveloped ER (Estate Residential) RGA-6 (Garden Apartment and Cluster Residential) East Shopping Center MU CSC West Shopping Center MU CSC Planning Commission Staff Report July 8, 2025 – Page 5 of 15 Cases DP-2025-0006 DEVELOPMENT STANDARDS: Pursuant to PSZC Section 92.11.03 (C-S-C Zone Development Standards), the following standards apply: Standard Required/ Allowed Provided Compliance Min. Lot Size 15 Acres 2.35 Acres Y* Min. Lot Width 500 Feet 322.63 Feet Y* Min. Lot Depth N/A 317.17 Feet N/A Min. Setbacks • Front (North) • Side (West) • Side (East) • Rear (South) 125 Feet** 0 Feet 25 Feet 25 ~ 35 Feet 102 Feet** 125.6 Feet 55.3 Feet >50 Feet Yes, subject to AMM approval Y Y Y Parking Setback from Street Min. 20 Feet Min. 32.3 Feet Y Max. Lot Coverage N/A 6.32 % N/A Min. Open Space (Landscape Area) N/A 25.3 % N/A Max. Building Height 30 Feet 23.5 Feet Y Perimeter Wall Height • North • West • East • South 4.5 Feet 4.5 Feet ~ 6 Feet 4.5 Feet ~ 6 Feet 6 Feet ~8 Feet* *8 Feet’ – Subject to PC approval Not Indicated Not Indicated Not Indicated Not Indicated N/A N/A N/A N/A Trash Enclosure Screened, 6’ High (bin) 3’-6” High (cans) Screened, Approximately 12’ Y Mechanical Equipment Screened Screened (Rooftop) Y *Legal nonconforming **Measured from the centerline of East Palm Canyon Drive Existing Zoning/General Plan Permitted Lot Coverage/Density Compliance Zoning: C-S-C (Community Shopping Center) None General Plan: MU (Mixed-Use) Max. 0.50 FAR Planning Commission Staff Report July 8, 2025 – Page 6 of 15 Cases DP-2025-0006 Pursuant to PSZC Section 93.06.00, the following parking standards apply: Parking Requirement Use SF or Seating Count Parking Ratio Required Provided Comp. Reg. Handi- cap Reg. Handi- cap Restaurant 134 Seats 1 space/ 3 Seats 44.6 82 TOTAL SPACES REQUIRED 44.6 ≈ 45* 82* Y Handicap Spaces 4 4 Y EV Charging Stations 5 6 Y *Handicapped and EV parking stalls included ANALYSIS: Site Plan: The project site is located near the southwest corner of East Palm Canyon Drive and Smoke Tree Lane (Private Street). The site is physically separated from East Palm Canyon Drive by a frontage road which runs horizontally from west to east on the north side of the site. The frontage road will be vacated and will become a part of the project site as a part of the proposed project. With the acquisition of the frontage road, the size of the project will increase from the current 2.04 acres to approximately 2.35 acres. The project proposes the construction of a single-story 3,886-SF restaurant at a maximum building height of 23.6 feet, which will be aligned to the north property line. In addition to the restaurant building, the site is designed with a 1,536-SF covered outdoor dining area, 82 off-street parking spaces, perimeter landscape, covered trash enclosure, and a drive- thru facility which includes a freestanding canopy. A meandering sidewalk is proposed in the acquired frontage road area, which will be fully landscaped. The new sidewalk will be the continuation of the existing sidewalk to the east of the property. Circulation: Today, the site is accessible via a frontage road on the East Palm Canyon Drive frontage, south private road via two-way Smoke Tree Lane (private road), and the abutting property on the west side. The existing accessibility and circulation will generally remain with alterations to the site design for enhanced traffic circulation. With the acquisition of the frontage road, two access points along the site’s north property line will be reduced to one. The new and consolidated driveway approach will be 80 feet in width, and there will be a traffic island/median installed to better guide traffic circulation, particularly to prevent left turns exiting from the site. Currently, the site is accessible from multiple drive aisles connecting to the south private road. These drive aisles will be removed as a part of the project and a two-way access point will be located near the Planning Commission Staff Report July 8, 2025 – Page 7 of 15 Cases DP-2025-0006 southwest corner of the site. As a part of the project, Smoke Tree Lane will be widened and restriped to accommodate 3 lanes. Arriving from East Palm Canyon Drive, the right lane will be the extension of the drive-thru queuing lane which extends from the site, south private road, and to Smoke Tree Lane. Mass and Scale: The project proposes a single-story commercial building at a maximum height of 23.5 feet. The project site is located between two existing commercial buildings on its west and east sides, and the site to the south is currently undeveloped. The adjacent buildings are located approximately 189 feet (west) and 84.6 feet (east) away from the proposed building. The existing development across East Palm Canyon Drive is a multi-family residential development which is located approximately 200 feet away. The proposed 3,886-SF building is smaller than the existing adjacent buildings (Approximately 5,450 SF for the former Coco’s building to the east and 6,500 SF for the US Bank building to the west based on the Building Permit records). Buffers and Open Space: The proposed project site is designed with a landscape buffer on all sides. There is no minimum open space requirement in the C-S-C Zone area; however, the General Plan (MU Land Use Designation Area) limits maximum Floor Area Ratio (FAR) to 0.50. The proposed FAR is approximately 0.065, and the site is generally designed with a landscape buffer to screen the parking and drive-thru area. There is no perimeter wall or fence proposed as a part of this application. Grading and Topography: The site was previously developed, and its topography is relatively flat without any peculiar topographic or geographic features. The topography gradually slopes down from its southwest corner to the northeast corner by 3 feet, and the proposed finished floor elevation is relatively consistent with the existing elevation. Administrative Minor Modification (AMM): In conjunction with this application, the applicant has submitted an Administrative Minor Modification (AMM) application (AMM-2025-0006) to request a reduced yard setback along the East Palm Canyon Drive (North) frontage. Pursuant to PSZC Section 94.06.01(A)(5), a yard reduction not exceeding 20% of the zoning code requirement may be approved through AMM approval. Pursuant to PSZC Section 92.11.03(D)(1)(a), the code-required minimum yard setback is 125 feet measured from the center line of East Palm Canyon Drive. Instead of the 125-foot-minimum, the applicant is proposing a 102- foot setback based on the existing development pattern of the site’s vicinity (Attachment 14). The average setback on the south side of East Palm Canyon Drive between Sunrise Way Planning Commission Staff Report July 8, 2025 – Page 8 of 15 Cases DP-2025-0006 and Barona Road, based on the information provided on the exhibit, is 125.5 feet. However, there are other buildings in the area which setbacks are less than this average. The proposed 23-foot yard setback is equivalent to 18.4% of the minimum code requirement and is within the 20% threshold, and is consistent with other development in the area. The approval authority of an AMM application involving a yard setback reduction is the Director of Planning Services, and the AMM application review is excluded from the purview of Planning Commission review, though the Director has indicated he will approve it should the Commission advance this project. Drive-Thru Facility: PSZC Section 93.06.00(C)(18) requires a drive-thru facility to meet the following requirements unless exceptions are granted by the Planning Commission when on- or off-site conditions warrant alternative design solutions: Development Requirements [PSZC 93.06.00(C)(18)] Compliance 1. Safe on-and off-site traffic and pedestrian circulation shall be provided, including, but not limited to, traffic circulation which does not conflict with entering or exiting traffic to the site, parking or pedestrian movements. Y The entrance to the drive-thru lanes is located near the southwest corner of the site. From there, the lanes extend along the south, east, and north property lines in such a manner that they wrap around a portion of the off-street parking, building, and outdoor dining area. Generally, on-site parking areas are separated from the drive-thru and its queuing area, as well as the pedestrian paths of travel. The site is designed with two-way traffic throughout and three entry/exit points for seamless on-site circulation. Pedestrian paths crossing the merged drive-thru lanes are proposed to ensure safe pedestrian access from East Palm Canyon Drive and within the site. 2. A stacking area shall be provided for each service window or machine and shall provide a minimum of seven tandem standing spaces inclusive of the vehicle being serviced. The standing spaces shall not extend into the public right-of-way nor interfere with any internal circulation patterns. Vehicles at service windows or machines shall be provided with a shade structure. Y The drive-thru is designed to accommodate 42 tandem vehicle spaces fully on site. The proposed design includes a freestanding shade structure for the ordering area (“associate canopy”), and the pay and pickup windows will be located under a canopy as well. 3. The drive-through facility shall be designed to integrate with existing or proposed structures, including roof lines, building materials, signage and landscaping. Yes, as conditioned Planning Commission Staff Report July 8, 2025 – Page 9 of 15 Cases DP-2025-0006 Development Requirements [PSZC 93.06.00(C)(18)] Compliance The proposed pay and pickup windows incorporate the design elements of the primary building as exemplified by the application of identical color, cornice, and columns. However, there are hardly any shared design elements between the “associate canopy” and the primary structure, and the canopy appears visually detached from the rest of the development. Staff recommends that the design of the “associate canopy” be further reviewed by the ARC to explore its design for better compatibility with the rest of the development. A Sign Permit application has not been filed, and it is excluded from this review. The drive-thru facility is designed with landscape which consists of layered plant materials throughout. As conditioned, the project meets this requirement. 4. Amplification equipment, lighting and location of drive-through elements and service windows shall be screened from public rights-of-way and adjacent properties. Yes, as conditioned The proposed pay and pickup windows will be located on the East Palm Canyon Drive (north) frontage, which is adjacent to a wide landscape area. While the south and east sides of the drive-thru lanes are designed with landscape, the area’s landscape can be enhanced to provide better screening and to prevent light spillage by converting the southeast turf area into a planting area consisting of medium height planting materials. Alternatively, the installation of a low-height wall may be considered to provide better screening and prevent light spillage. Staff is recommending these activities as a condition to enhance the screening of the drive-thru facility. As conditioned, the project meets this finding. FINDINGS – DEVELOPMENT PERMIT (Case DP-2025-0006): PSZC Section 94.04.01(D) requires the approval authority to evaluate the application and make findings for conformance to the following criteria: Criteria and Findings [PSZC 94.04.01(D)] Compliance 1. The proposed project is consistent with the General Plan and any applicable specific plan; Y Planning Commission Staff Report July 8, 2025 – Page 10 of 15 Cases DP-2025-0006 Criteria and Findings [PSZC 94.04.01(D)] Compliance The site’s General Plan land use designation is MU (Mixed-Use), which is intended for community-serving commercial activities including restaurants. The General Plan identifies mixed-uses at Smoke Tree as “…to serve the needs of surrounding residential neighborhoods and, and is characterized by its intimate scale, pedestrian orientation, and vibrant human activity. The purpose of this area is to create a unique mixed-use center characterized by pedestrian-oriented retail shops, restaurants…” (Palm Springs 2024 General Plan, page 2-42). The business will serve a wide range of patrons including the nearby residential neighborhoods, and the project will allow the extension of the existing meandering sidewalk located on the east side of the project site along East palm Canyon Drive. The size of the proposed building is smaller than the nearby existing commercial buildings, and the proposed building height is less than the maximum permitted for the site. 2. The proposed uses are in conformance to the use permitted in the zone district where the site is located, and are not detrimental to adjacent properties or residents; Yes, as conditioned Pursuant to PSZC Sections 92.11.01(A)(1) and 92.10.01(A), food service facilities of all types, except drive-in and drive-through types, are permitted by right in the C-S-C Zone. PSZC Section 92.11.01(D) provides, “If not approved as part of the original plan, the following uses may be permitted subject to further approval of a conditional use permit, as provided in Section 94.02.00. Such uses shall be designed integrally with the center.” The site is the former Bank of America site, which operation included the use of a drive-thru facility. While the bank has been demolished, the proposed project is not subject to the requirement of a Conditional Use Permit (CUP) because a drive-thru facility was a part of the original plan for the site. Staff is recommending a set of conditions of approval relating to the physical development of the site to ensure that the project will not create detrimental impacts on the adjacent properties and/or residents, which include but are not limited to, a requirement to conform with the City’s outdoor lighting standards. As conditioned, the project meets this requirement. 3. The proposed project is in conformance to the property development standards for the zone district where the site is located; Yes, as conditioned Planning Commission Staff Report July 8, 2025 – Page 11 of 15 Cases DP-2025-0006 Criteria and Findings [PSZC 94.04.01(D)] Compliance The proposed project generally conforms to the C-S-C Zone development standards except for the front/north front yard setback and outdoor lighting standards. The proposed yard setback along East Palm Canyon Drive is 102 feet measured from the centerline of East Palm Canyon Drive, and it is substandard by 23 feet as proposed. The substandard yard setback issue may be addressed through an AMM application review. The applicant has submitted an AMM application and is seeking its approval due to the area’s historic development pattern as shown in the setback exhibit (Attachment 14). The Planning Director has reviewed the applicant’s request and indicated his intent to support approval of the application once the Major Development Permit application is approved by the Planning Commission. In addition to the setback, the proposed outdoor lighting does not fully meet the zoning code requirements; however, the outdoor lighting plan can be modified to meet the zoning regulations without altering the character of the site design or layout. 4. The proposed height and massing of the project is consistent with applicable standards and compatible with adjacent development; Y As stated in the Massing and Scale section in this staff report, the project proposes a single-story commercial building at a maximum height of 23.5 feet. The proposed building height is similar to the existing commercial building to the west, and the proposed building size is smaller than the adjacent buildings on the west and east sides. Therefore, the proposed project meets this finding. 5. The proposed setbacks and placement of the building are consistent with applicable standards and consistent with setbacks of adjacent buildings; Yes, as conditioned Planning Commission Staff Report July 8, 2025 – Page 12 of 15 Cases DP-2025-0006 Criteria and Findings [PSZC 94.04.01(D)] Compliance The proposed project meets the minimum yard setback requirements except for the north elevation facing E. Palm Canyon Drive. The applicant has submitted an AMM application to seek approval for 102-foot yard setback instead of the code-required 125-foot-minimum. Per the setback exhibit submitted by the applicant (Attachment 14), the setbacks of the adjacent buildings to the west and east are 115 feet and 145 feet, respectively. The exhibit indicates that the front yard setback of 66.7% of the buildings that are located on the south side of the block along East Palm Canyon Drive is nonconforming to the current zoning requirement. The shortest setback as shown in the exhibit is 95 feet measured at Jersey Mike’s (2465 E. Palm Canyon Drive). Per PSZC Section 94.06.01(B)(3)(d), the location of existing buildings or historic development pattern of a neighborhood can be one of the justifications to seek AMM approval. The proposed 102-foot yard setback is less than the setbacks found on the adjacent properties. However, the project will install new frontage landscape and a meandering pedestrian path, which will reinforce the visual separation of the proposed building from East Palm Canyon Drive. Additionally, due to the scale of East Palm Canyon Drive and nearby commercial development, the setback difference will be contextually insignificant. Staff is recommending a condition of approval which requires AMM approval for the project. As conditioned, the project meets this finding. 6. The site for the proposed project has adequate access to streets and highways property designed and improved to carry the type and quantity of traffic to be generated by the proposed uses, and the design for the site plan enhances or continues the city’s existing grid in accordance with the Circulation Plan of the General Plan; Yes, as conditioned Planning Commission Staff Report July 8, 2025 – Page 13 of 15 Cases DP-2025-0006 Criteria and Findings [PSZC 94.04.01(D)] Compliance The project site is easily accessible. To better accommodate the proposed project, however, the Engineering Services Department is recommending conditions of approval to improve the area’s traffic-related infrastructure. These conditions include, but are not limited to, the removal of the transitional lane and creation of a new 80-foot-wide driveway approach on East Palm Canyon Drive, replacement of an existing curb ramp at the southwest corner of East Palm Canyon Drive and Smoke Tree Lane and the addition of a southbound lane on Smoke Tree Lane. The Traffic Impact Analysis (Attachment 6) concludes that six (6) key intersections studied in the analysis will operate at an acceptable level of service during the weekly PM and Saturday mid-day peak hours with the implementation of the proposed project and the same result is expected in the year 2027 traffic projection. Additionally, the size of the proposed building is less than 50,000 SF and can be screened from a VMT analysis which indicates that the project will have a less than significant impact on VMT. As conditioned, the area’s traffic circulation will be enhanced and will be adequate to accommodate the proposed use. 7. On-site circulation conforms to minimum standards, and accommodations are made for safe on-site pedestrian circulation; Y The proposed project meets the minimum standards such as the driveway width and access. The site is designed in such a manner that the pedestrian and vehicular circulation patterns will be separated. Therefore, the project meets this requirement. 8. Landscape areas and open space are in conformance to applicable standards, and the design of stormwater management features are appropriately integrated with other elements of the site design; Y There are no minimum open and/or landscape requirements prescribed in the zoning code; however, the project proposes 25.3% of the project site to be landscaped, and 84% of the parking will be shaded by trees. The site’s topography generally slopes down from its southwest corner to the northeast corner where a wide landscape buffer is located. Such an area can function for runoff capture. Runoff overflow will be collected at multiple locations throughout the site, which will be directed to the chamber near the northwest corner of the site. Due to the site’s relatively flat topography and pre-graded condition, the location of the stormwater capturing device does not affect the site design or vice versa. 9. Public infrastructure, such as water, sewer, and similar utilities, is adequate to serve the proposed project; Y Planning Commission Staff Report July 8, 2025 – Page 14 of 15 Cases DP-2025-0006 Criteria and Findings [PSZC 94.04.01(D)] Compliance The project site was previously developed, and it is immediately adjacent to a major thoroughfare in an urbanized area, and it is accessible to public utilities and infrastructure. 10. Based on environmental review, the proposed project either has no potentially significant environmental impacts, any potentially significant impacts have been reduced to less than significant levels because of mitigation measures incorporated in the project, or a Statement of Overriding Considerations has been adopted to address unmitigated significant environmental impacts; Y The proposed development is categorically exempt from CEQA review pursuant to Section 15332 of the CEQA Guidelines (Class 32, In-fill Development Projects), and it has been determined that the proposed project has no potentially significant environmental impacts. The traffic impact analysis (Attachment 6) concludes that the acceptable level of service can be maintained with the implementation of the proposed project within the site’s vicinity. Therefore, the proposed project meets this finding. 11. The proposed project has no unacceptable adverse effects on public welfare, health or safety. Yes, as conditioned The proposed project is generally consistent with the intent and policies of the General Plan and zoning code, subject to AMM application approval and conformance of the proposed outdoor lighting with the Outdoor Lighting Standards. The size of the proposed building is smaller than the existing nearby buildings, and the massing and scale of the proposed project are compatible with the surrounding developments. Finally, the project will be implemented in accordance with applicable law to ensure the public welfare, health, or safety such as the Building Code and Fire Department regulations. The proposed project does not have unacceptable adverse effects on the welfare of the general public with the implementation of the recommended conditions of approval (Attachment 3). ENVIRONMENTAL ANALYSIS: The proposed development is considered a “project” pursuant to the terms of the California Environmental Quality Act (“CEQA”), and has been determined to be categorically exempt pursuant to Section 15332 of the CEQA Guidelines (Class 32, In-fill Development Projects) due to the following reasons: 1) The project is consistent with the applicable General Plan and all applicable General Plan policies, as well as the applicable zoning designation and regulations; 2) The project site is less than five acres in size and located in an urbanized area within the City limit; 3) The project site was previously developed and does not have any value as a habitat for endangered, rare of threatened species; 4) Approval of the project would not result in any significant effects relating to Planning Commission Staff Report July 8, 2025 – Page 15 of 15 Cases DP-2025-0006 traffic, noise, air quality, or water quality; and 5) The site can be adequately served by all required utilities and public services. CONCLUSION: The proposed project is generally consistent with the General Plan and zoning code, as conditioned and with the approval of the associated AMM application. The project site is a former commercial site, and it is appropriate for the proposed use which will serve the nearby residential neighborhood and offer vibrant activities. The project will see improvements in site circulation, and additional pedestrian and public amenities provided with the closure of the existing frontage road. In conclusion, staff recommends that the Planning Commission approve the Major Development Permit application, Case DP- 2024-0006 subject to the conditions of approval recommended by staff (Attachment 3). REVIEWED BY: PREPARED BY: Noriko Kikuchi, AICP, Associate Planner REVIEWED BY: Edward Robertson, Principal Planner REVIEWED BY: Christopher Hadwin, AICP, Director of Planning Services ATTACHMENTS: 1. Vicinity Map 2. Aerial Map 3. Draft Resolution & Conditions of Approval 4. Justification Letter 5. Public Integrity Disclosure Form 6. Traffic Impact Analysis 7. Lighting Fixture Specifications 8. Colors & Materials 9. Outdoor Furnishing 10. Signage (Proposed) 11. Photos 12. Preliminary Hydrology Study 13. Plans 14. Setback Exhibit ATTACHMENT 1 Department of Planning Services Vicinity Map CITY OF PALM SPRINGS Case DP-2025-0006 In-N-Out Burger APN: 510-020-049 ATTACHMENT 2 East Palm Canyon Drive Smoke Tree Lane Project Site (Parcel) ATTACHMENT 3 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING MAJOR DEVELOPMENT PERMIT APPLICATION, CASE DP-2025-0006, TO CONSTRUCT A NEW 3,886-SF RESTAURANT AND AN AUXILIARY DRIVE- THRU FACILITY AT A 2.35-ACRE SITE LOCATED AT 1801 EAST PALM CANYON DRIVE, ZONE C-S-C, SECTION 25 (CASE DP-2025-0006). WHEREAS, In-N-Out Burger, (the “Applicant”) has filed Case DP-2025-0006, a Major Development Permit Application, in accordance with Section 94.04.00 (Development Permit) of the Palm Springs Zoning Code to construct a 3,886-SF restaurant at a maximum building height of 23.5 feet and an ancillary drive-thru facility at a 2.35-acre parcel located at 1801 East Palm Canyon Drive (APN: (APN: 510-020-049), Zone C-S- C, Section 25; and WHEREAS, notice of a public meeting of the Planning Commission of the City of Palm Springs to consider the above-mentioned application was given in accordance with applicable law; and WHEREAS, on July 8, 2025, a public meeting on Case DP-2025-0006 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project is considered a “project” pursuant to the terms of the California Environmental Quality Act (“CEQA”), and it is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 of Title 14, Chapter 3 of the California Code of Regulations (Class 32, In-Fill Development Projects); and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the meeting on the Project, including but not limited to the staff report, all environmental data including the environmental assessment prepared for the project and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Major Development Permit Findings. The required Findings for a Major Development Permit approval are outlined in Section 94.04.01(D) (Development Permit – Criteria and Findings) of the Palm Springs Zoning Ordinance (PSZO) as follows: Planning Commission Resolution No. July 8, 2025 Case DP-2025-0006 Page 2 1. The proposed project is consistent with the General Plan and any applicable specific plan; The site’s General Plan land use designation is MU (Mixed-Use), which is intended for community-serving commercial activities including restaurants. The General Plan identifies mixed-uses at Smoke Tree as “…to serve the needs of surrounding residential neighborhoods and, and is characterized by its intimate scale, pedestrian orientation, and vibrant human activity. The purpose of this area is to create a unique mixed-use center characterized by pedestrian-oriented retail shops, restaurants…” (Palm Springs 2024 General Plan, page 2-42). The business will serve a wide range of patrons including the nearby residential neighborhoods, and the project will allow the extension of the existing meandering sidewalk located on the east side of the project site along East palm Canyon Drive. The size of the proposed building is smaller than the nearby existing commercial buildings, and the proposed building height is less than the maximum permitted for the site. 2. The proposed uses are in conformance to the use permitted in the zone district where the site is located, and are not detrimental to adjacent properties or residents; Pursuant to PSZC Sections 92.11.01(A)(1) and 92.10.01(A), food service facilities of all types, except drive-in and drive-through types, are permitted by right in the C-S-C Zone. PSZC Section 92.11.01(D) provides, “If not approved as part of the original plan, the following uses may be permitted subject to further approval of a conditional use permit, as provided in Section 94.02.00. Such uses shall be designed integrally with the center.” The site is the former Bank of America site, which operation included the use of a drive-thru facility. While the bank has been demolished, the proposed project is not subject to the requirement of a Conditional Use Permit (CUP) because a drive-thru facility was a part of the original plan for the site. The project is subject to a set of conditions of approval relating to the physical development of the site to ensure that the project will not create detrimental impacts on the adjacent properties and/or residents, which include but are not limited to, a requirement to conform with the City’s outdoor lighting standards. As conditioned, the project meets this requirement. 3. The proposed project is in conformance to the property development standards for the zone district where the site is located; The proposed project generally conforms to the C-S-C Zone development standards except for the front/north front yard setback and outdoor lighting standards. The proposed yard setback along East Palm Canyon Drive is Planning Commission Resolution No. July 8, 2025 Case DP-2025-0006 Page 3 102 feet measured from the centerline of East Palm Canyon Drive, and it is substandard by 23 feet as proposed. The substandard yard setback issue may be addressed through an AMM application review. The applicant has submitted an AMM application and is seeking its approval due to the area’s historic development pattern as shown in the setback exhibit. The Planning Director has reviewed the applicant’s request and indicated his intent to support approval of the application once the Major Development Permit application is approved by the Planning Commission. In addition to the setback, the proposed outdoor lighting does not fully meet the zoning code requirements; however, the outdoor lighting plan can be modified to meet the zoning regulations without altering the character of the site design or layout. 4. The proposed height and massing of the project is consistent with applicable standards and compatible with adjacent development; The project proposes a single-story commercial building at a maximum height of 23.5 feet. The proposed building height is similar to the existing commercial building to the west, and the proposed building size is smaller than the adjacent buildings on the west and east sides. Therefore, the proposed project meets this finding. 5. The proposed setbacks and placement of the building are consistent with applicable standards and consistent with setbacks of adjacent buildings; The proposed project meets the minimum yard setback requirements except for the north elevation facing E. Palm Canyon Drive. The applicant has submitted an AMM application to seek approval for 102-foot yard setback instead of the code-required 125-foot-minimum. Per the setback exhibit submitted by the applicant, the setbacks of the adjacent buildings to the west and east are 115 feet and 145 feet, respectively. The exhibit indicates that the front yard setback of 66.7% of the buildings that are located on the south side of the block along East Palm Canyon Drive is nonconforming to the current zoning requirement. The shortest setback as shown in the exhibit is 95 feet measured at Jersey Mike’s (2465 E. Palm Canyon Drive). Per PSZC Section 94.06.01(B)(3)(d), the location of existing buildings or historic development pattern of a neighborhood can be one of the justifications to seek AMM approval. The proposed 102-foot yard setback is less than the setbacks found on the adjacent properties. However, the project will install new frontage landscape and a meandering pedestrian path, which will reinforce the visual separation of the proposed building from East Palm Canyon Drive. Additionally, due to the scale of East Palm Canyon Drive and nearby commercial development, the setback difference will be contextually insignificant. The project is subject to condition of approval which requires AMM approval for the project. As Planning Commission Resolution No. July 8, 2025 Case DP-2025-0006 Page 4 conditioned, the project meets this finding. 6. The site for the proposed project has adequate access to streets and highways property designed and improved to carry the type and quantity of traffic to be generated by the proposed uses, and the design for the site plan enhances or continues the city’s existing grid in accordance with the Circulation Plan of the General Plan; The project site is easily accessible. To better accommodate the proposed project, however, the Engineering Services Department is imposing conditions of approval to improve the area’s traffic-related infrastructure. These conditions include, but are not limited to, the removal of the transitional lane and creation of a new 80-foot-wide driveway approach on East Palm Canyon Drive, replacement of an existing curb ramp at the southwest corner of East Palm Canyon Drive and Smoke Tree Lane and the addition of a southbound lane on Smoke Tree Lane. The Traffic Impact Analysis concludes that six (6) key intersections studied in the analysis will operate at an acceptable level of service during the weekly PM and Saturday mid-day peak hours with the implementation of the proposed project and the same result is expected in the year 2027 traffic projection. Additionally, the size of the proposed building is less than 50,000 SF and can be screened from a VMT analysis which indicates that the project will have a less than significant impact on VMT. As conditioned, the area’s traffic circulation will be enhanced and will be adequate to accommodate the proposed use. 7. On-site circulation conforms to minimum standards, and accommodations are made for safe on-site pedestrian circulation; The proposed project meets the minimum standards such as the driveway width and access. The site is designed in such a manner that the pedestrian and vehicular circulation patterns will be separated. Therefore, the project meets this requirement. 8. Landscape areas and open space are in conformance to applicable standards, and the design of stormwater management features are appropriately integrated with other elements of the site design; There are no minimum open and/or landscape requirements prescribed in the zoning code; however, the project proposes 25.3% of the project site to be landscaped, and 84% of the parking will be shaded by trees. The site’s topography generally slopes down from its southwest corner to the northeast corner where a wide landscape buffer is located. Such an area can function for runoff capture. Runoff overflow will be collected at multiple locations throughout the site, which will be directed to the chamber near the Planning Commission Resolution No. July 8, 2025 Case DP-2025-0006 Page 5 northwest corner of the site. Due to the site’s relatively flat topography and pre-graded condition, the location of the stormwater capturing device does not affect the site design or vice versa. 9. Public infrastructure, such as water, sewer, and similar utilities, is adequate to serve the proposed project; The project site was previously developed, and it is immediately adjacent to a major thoroughfare in an urbanized area, and it is accessible to public utilities and infrastructure. 10. Based on environmental review, the proposed project either has no potentially significant environmental impacts, any potentially significant impacts have been reduced to less than significant levels because of mitigation measures incorporated in the project, or a Statement of Overriding Considerations has been adopted to address unmitigated significant environmental impacts; The proposed development is categorically exempt from CEQA review pursuant to Section 15332 of the CEQA Guidelines (Class 32, In-fill Development Projects), and it has been determined that the proposed project has no potentially significant environmental impacts. The traffic impact analysis concludes that the acceptable level of service can be maintained with the implementation of the proposed project within the site’s vicinity. Therefore, the proposed project meets this finding. 11. The proposed project has no unacceptable adverse effects on public welfare, health or safety. The proposed project is generally consistent with the intent and policies of the General Plan and zoning code, subject to AMM application approval and conformance of the proposed outdoor lighting with the Outdoor Lighting Standards. The size of the proposed building is smaller than the existing nearby buildings, and the massing and scale of the proposed project are compatible with the surrounding developments. Finally, the project will be implemented in accordance with applicable law to ensure the public welfare, health, or safety such as the Building Code and Fire Department regulations. The proposed project does not have unacceptable adverse effects on the welfare of the general public with the implementation of the conditions of approval. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case DP-2025-0006, a Major Development Permit, for the construction of a 3,886-square-foot restaurant and an auxiliary drive-thru facility on a 2.35-acre parcel located at 1801 East Palm Canyon Drive (APN: 510-020-049) subject to Planning Commission Resolution No. July 8, 2025 Case DP-2025-0006 Page 6 those conditions set forth in the Exhibit A. ADOPTED THIS 8th DAY of July, 2025. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA _____ Christopher Hadwin Director of Planning Services RESOLUTION NO. ______ EXHIBIT A Case DP-2025-0006 In-N-Out Burger 1801 East Palm Canyon Drive July 8, 2025 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, Director of Planning Services, Building Official, 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 DP- 2025-0006 except as modified 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. 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 DP-2025-0006. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall Planning Commission Resolution No._______ July 8, 2025 Case DP-2025-0006 - In-N-Out Burger Page 2 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 4. 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, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, 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 5. 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. ADM 6. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in-lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. ADM 7. Comply with City Noise Ordinance. This use shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code. Violations may result in revocation of this Conditional Use Permit. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. Environmental Document Filing. Filing of a Notice of Exemption (NOE) is required for the project. Applicant shall submit a required filing fee to the Department of Planning Services immediately after the Major Architectural Review application is approved. ENV 2. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP) Local Development Mitigation Fee (LDMF) required. All projects within the City of Palm Springs, not within the Agua Caliente Band of Cahuilla Indians reservation are subject to payment of the CVMSHCP LDMF prior to the issuance of certificate of occupancy. Planning Commission Resolution No._______ July 8, 2025 Case DP-2025-0006 - In-N-Out Burger Page 3 ENV 3. Cultural Resource – Discovery of Human Remains. Should human remains be discovered during construction of the proposed project, the project contractor would be subject to either the State law regarding the discovery and disturbance of human remains or the Tribal burial protocol. In either circumstance all destructive activity in the immediate vicinity shall halt and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5. If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC will make a determination of the Most Likely Descendent (MLD). The City and Developer will work with the designated MLD to determine the final disposition of the remains. PLANNING DEPARTMENT CONDITIONS PLN 1. Administrative Minor Modification Approval Required. Approval of Case DP- 2025-0006 shall be contingent upon approval of Case AMM-2025-0040 for the 102-foot front yard setback (East Palm Canyon Drive) instead of the code- required 125-foot-minimum. PLN 2. Street Address. The street address numbering/lettering shall not exceed eight inches in height. PLN 3. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. PLN 4. Outdoor Lighting Conformance. Outdoor lighting shall fully conform to the requirements of the Outdoor Lighting Standards (PSZC Section 93.21.00 - https://ecode360.com/43605755) and shall not produce disability glare, discomfort glare, light trespass, and/or light pollution as defined in Palm Springs Zoning Cod Sections 93.21.00(A)(7), (8), (9), and (10). The outdoor lighting plan shall be revised to conform to the zoning code regulations prior to the ARC review. PLN 5. 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 Planning Commission Resolution No._______ July 8, 2025 Case DP-2025-0006 - In-N-Out Burger Page 4 agency that they are in conformance with the water agency’s and the State’s Water Efficient Landscape Ordinances. PLN 6. Sign Applications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section 93.20.00. PLN 7. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be permitted on any facade on the proposed building(s) that are visible from adjacent streets or residential and commercial areas. PLN 8. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. PLN 9. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 10. ARC Review. The proposed project is subject to Architectural Review Committee (ARC) review pursuant to Palm Springs Zoning Code Section 94.04.00. The Major Architectural Review (MAJ) application shall be approved by the ARC. PLN 11. Time Limit. The time limit for the commencement of construction under a Development Permit approval shall be two (2) years from the effective date of the approval, unless an extension of time is granted pursuant to PSZC Section 94.12.00. PLN 12. Drive-Thru Facility Screening. Convert the proposed turf area located at the southeast corner of the drive-thru facility into a planting area which consists of medium height plant materials. Alternatively, the installation of a wall may be considered to provide better screening and prevent light spillage. PLN 13. Associate Canopy. The design of the proposed canopy shall be reviewed and approved by the ARC for compatibility. ENGINEERING DEPARTMENT CONDITIONS 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 the Engineering Services Department for review and approval. STREETS Planning Commission Resolution No._______ July 8, 2025 Case DP-2025-0006 - In-N-Out Burger Page 5 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. ENG 2. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Services Department. The plan(s) shall be approved by the City Engineer prior to issuance of any encroachment or building permits. EAST PALM CANYON DRIVE ENG 3. Remove the existing transitioning curb (south of centerline) (approximately 425’ lineal feet) beginning approximately 175’ west of centerline of Cerritos Road and continuing west for approximately 425’ feet and replace with an 8- inch curb and gutter to match existing located along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200 and 206. ENG 4. Construct an 85 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 205. Construct an 18-feet wide raised median island located within the driveway approach to control turning movements in and out of the project (right in right out) as approved by the City Engineer. ENG 5. Construct a meandering 12 feet wide combination sidewalk and bicycle path along the entire frontage with Type A ramps on each end and Type C ramps at driveway crossings. The construction shall be with colored Portland cement concrete, with an admixture of Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Services Department.in accordance with City of Palm Springs Standard Drawing No. 210, 212 and 213. ENG 6. Remove and replace the existing curb ramp at the southwest corner of East Palm Canyon Drive and Smoke Tree Lane and construct a Type A curb ramp meeting current California State Accessibility standards and 5 feet wide sidewalk southerly along Smoke Tree Lane connecting to proposed meandering sidewalk in accordance with City of Palm Springs Standard Drawing No. 210 and 212. ENG 7. Construct pavement with a minimum pavement section of 5 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage applicable to new improvements in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement may be required upon review of existing pavement cross- sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) If an alternative pavement section is proposed, the proposed pavement section shall be designed by a registered California Planning Commission Resolution No._______ July 8, 2025 Case DP-2025-0006 - In-N-Out Burger Page 6 Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ENG 8. Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards. ENG 9. All broken or off-grade street improvements along the project frontage shall be repaired or replaced. ENG 10. Remove all frontage road improvements from gutter line of Smoke Tree Lane west approximately 330 feet, new improvements at Smoke Tree Lane and westerly terminus of frontage road to be shown on applicable improvements plans. ON-SITE, PRIVATE DRIVE ISLES AND PRIVATE ROADS ENG 11. The minimum pavement section for all on-site pavement (drive aisles (on- site and adjacent drive isles and parking spaces) shall be 3 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 registered California Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ENG 12. On-site drive aisles and parking lots shall be constructed with curbs, gutters, and cross-gutters, as necessary to accept and convey street surface drainage of the on-site streets to the on-site drainage system, in accordance with applicable City standards. SANITARY SEWER ENG 13. All sanitary facilities shall be connected to the public sewer system (via the proposed on-site private sewer system). New laterals shall not be connected at manholes. GRADING ENG 14. Submit a Precise Grading Plan prepared by a California licensed civil engineer to the Engineering Services Department for review and approval. The plan shall be approved by the City Engineer prior to grading permit issuance. 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 Planning Commission Resolution No._______ July 8, 2025 Case DP-2025-0006 - In-N-Out Burger Page 7 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 (866) 861-3878, 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 15. 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. ENG 16. Temporary dust control perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into perimeter fence screening shall not be allowed. Perimeter fencing shall be adequately anchored into the ground to resist wind loading. ENG 17. 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 18. A Notice of Intent (NOI) to comply with the California General Construction Stormwater Permit (Water Quality Order 2022-0057-DWQ as adopted September 8, 2022) is required for the proposed development via the California Regional Water Quality Control Board online SMARTS system. A copy of the letter executed issuing a Waste Discharge Identification (WDID) Planning Commission Resolution No._______ July 8, 2025 Case DP-2025-0006 - In-N-Out Burger Page 8 number shall be provided to the City Engineer prior to issuance of a grading or building permit. ENG 19. This project requires preparation and implementation of a stormwater pollution prevention plan (SWPPP). As of September 4, 2012, all SWPPPs shall include a post-construction management plan (including Best Management Practices) in accordance with the current Construction General Permit. Where applicable, the approved final project-specific Water Quality Management Plan shall be incorporated by reference or attached to the SWPPP as the Post-Construction Management Plan. A copy of the up-to- date SWPPP shall be kept at the project site and be available for review upon request. ENG 20. In accordance with the 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 at the time of issuance of grading permit for mitigation measures for erosion/blowsand relating to this property and development. ENG 21. 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. ENG 22. The applicant shall provide Grading Certification for all building (or structure) pads in conformance with the approved grading plan to the Engineering Services Department for review and approval prior to the issuance of Building Permits. ENG 23. 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.Oran@cdfa.ca.gov. WATER QUALITY MANAGEMENT PLAN ENG 24. 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 Planning Commission Resolution No._______ July 8, 2025 Case DP-2025-0006 - In-N-Out Burger Page 9 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. ENG 25. A Final Project-Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of approval of any grading plan. The WQMP shall address the implementation of operational Best Management Practices (BMP’s) necessary to accommodate nuisance water and storm water runoff from the site. Direct release of nuisance water to the adjacent property (or public streets) is prohibited. Construction of operational BMP’s shall be incorporated into the Precise Grading and Paving Plan. ENG 26. 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 and maintain 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 Homeowners 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 27. All stormwater runoff passing through and falling onto the site shall be accepted and conveyed to a new drainage system to be constructed as part of the development. An on-site retention basin and other storm drainage facilities approved by the City Engineer shall be required. ENG 28. 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. The hydrology study shall be reviewed and approved prior to approval of any grading plan. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Planning Commission Resolution No._______ July 8, 2025 Case DP-2025-0006 - In-N-Out Burger Page 10 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 29. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $8651.15 per acre in accordance with Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL ENG 30. 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 31. All proposed utility lines shall be installed underground. ENG 32. 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 33. 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 drawing filetype) and PDF (Adobe Acrobat document filetype) 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 34. 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 35. Nothing shall be constructed or planted in the corner cut-off area of any intersection or 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 36. 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. Planning Commission Resolution No._______ July 8, 2025 Case DP-2025-0006 - In-N-Out Burger Page 11 ENG 37. This property is subject to the Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation Fee (CVMSHCP-LDMF). The LDMF shall be paid prior to issuance of Building Permit. MAP ENG 38. The applicant shall be required to obtain an approval for a Waiver of a Parcel Map from the Planning Commission prior to approval of any plans or issuance of a building permit. The applicant shall coordinate with the Planning Department on application for Waiver of a Parcel Map. Following Planning Commission approval of a Waiver of a Parcel Map, if received, the applicant shall submit an application to the Engineering Services Department for a Certificate of Compliance, prepared by either a Registered Civil Engineer or a Licensed Land Surveyor. The Certificate of Compliance shall be approved prior to issuance of a building permit. ENG 39. A copy of draft Covenants, Conditions and Restrictions (CC&R’s) shall be submitted to the City Attorney for review and approval for any restrictions related to the Engineering Services Department’s recommendations. The CC&R’s shall be approved by the City Attorney prior to approval of the Final (Parcel) Map by the City Council, or in the absence of a Final (Parcel) Map, shall be submitted and approved by the City Attorney prior to issuance of Certificate of Occupancy. ENG 40. In accordance with Section 66445 (j) of the Government Code, the existing public right-of-way for the East Palm Canyon Drive frontage road (the southerly 41 feet of right-of-way) may be abandoned upon the filing of a Parcel Map identifying the abandonment of the right-of-way granted to the City of Palm Springs. Prior to approval of a Parcel Map, the applicant shall coordinate with each public utility company and determine specific requirements as to the abandonment and/or relocation of existing underground utilities that may exist within the public right-of-way to be abandon. Reserving an easement for sewer and sidewalk purposes. ENG 41. Upon approval of a parcel map, the parcel map shall be provided to the City in G.I.S. digital format, consistent with the “Guidelines for G.I.S. Digital Submission” from the Riverside County Transportation and Land Management Agency.” G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, ArcInfo Coverage or Exchange file, DWG (AutoCAD drawing filetype), DGN (Microstation drawing filetype), DXF Planning Commission Resolution No._______ July 8, 2025 Case DP-2025-0006 - In-N-Out Burger Page 12 (AutoCAD ASCII drawing exchange filetype), and PDF (Adobe Acrobat document filetype) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC ENG 42. As determined by the traffic study submitted by Linscott, Law & Greenspan, Engineers, the following mitigation measure(s) will be required: TBD ENG 43. A minimum of 48 inches of clearance for accessibility shall be provided on public sidewalks. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement if necessary and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the frontage of the subject property. ENG 44. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. ENG 45. Submit traffic striping and signage plans prepared by a California registered civil engineer, for review and approval by the City Engineer prior to issuance of any encroachment or building permits. All required traffic striping and signage improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to issuance of a certificate of occupancy ENG 46. 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 47. 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. Planning Commission Resolution No._______ July 8, 2025 Case DP-2025-0006 - In-N-Out Burger Page 13 FID 2. Fire Department Conditions were based on the 2022 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix “T” Development Requirements and latest adopted NFPA Standards. 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: Permits and Electronic scaled drawings are required for this project. Plan reviews can take up to 20 working days. 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 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. Secondary Access: A secondary access road shall be provided for all developments with thirty (30) or more dwelling units. 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 Planning Commission Resolution No._______ July 8, 2025 Case DP-2025-0006 - In-N-Out Burger Page 14 leading from fire apparatus access roads to exterior openings shall be provided when required by the fire code official. FID 8. 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 9. 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 10. NFPA 13 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 13, 2022 Editions, as modified by local ordinance. FID 11. Fire Alarm System Required: An automatic or manual fire alarm system is required. Only a C-10 licensed fire alarm contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 72, 2022 editions, as modified by local ordinance. FID 12. Exit signs: Illuminated exit signs shall be required throughout property. FID 13. 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 14. 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 15. Designated Fire Lanes: In private developments shall be not less than 24 feet wide (curb face to curb face) with no parking on either side and shall be identified as afire lanes with red curb, stating in white lettering “ NO Planning Commission Resolution No._______ July 8, 2025 Case DP-2025-0006 - In-N-Out Burger Page 15 PARKING FIRE LANE”, or by approved signage, or by both red curb with lettering and signage. FID 16. Fire Department Access Roads/Driveways: Shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150 feet from such roads. FID 17. Private Fire Hydrants: Additional private hydrants may be required. FID 18. Security Gates: Secured automated vehicle gates or entries shall utilize a combination of a Tomar Strobeswitch™, or approved equal, and an approved Knox key switch when required by the fire code official. Secured non-automated vehicle gates or entries shall utilize an approved padlock or chain (maximum link or lock shackle size of ¼ inch) when required by the fire code official. FID 19. Site Safety Plan (CFC 3303): The owner or owner’s authorized agent shall be responsible for the development, implementation and maintenance of an approved, written site safety plan establishing a fire prevention program at the project site applicable throughout all phases of construction, repair, alteration or demolition work. BUILDING & SAFETY CONDITIONS The Following Standard Building & Safety Conditions of Approval are applicable to this project: BLDG 1. Separate permits are required for trash enclosures, signs, PV (Photovoltaic), and construction trailers. BLDG 2. Grading & ROW permits are to be issued by the Department of Engineering Services. BLDG 3. Utilities on the utility side of any meter are to be arranged with the respective Utility Company. Any utilities after a meter will be included in the Building & Safety Department’s scope of work for inspections. General Conditions 1. Shall comply with the latest adopted edition of the following codes as applicable: A. 2022 California Building Code B. 2022 California Electrical Code C. 2022 California Mechanical Code Planning Commission Resolution No._______ July 8, 2025 Case DP-2025-0006 - In-N-Out Burger Page 16 D. 2022 California Plumbing Code E. 2022 California Energy Code F. 2022 California Fire Code G. 2022 California Green Building Standards Code 2. Any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project shall comply with the City Code. 3. All exterior lighting shall be oriented, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties. 5. All development impact fees including but not limited to TUMF, CVMSHCP, Sewer Connection and Public Arts shall be paid at time of permit issuance. END OF CONDITIONS ATTACHMENT 4 ATTACHMENT 5 ATTACHMENT 6 ATTACHMENT 7 ATTACHMENT 8 ATTACHMENT 9 ATTACHMENT 10 ATTACHMENT 11 ATTACHMENT 12 ATTACHMENT 13 ATTACHMENT 14