Loading...
HomeMy WebLinkAboutPC Resolution _4687- Case 5.0771RESOLUTION NO.4687 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING, SUBJECT TO THE CONDITIONS STATED, A ONE-YEAR TIME EXTENSION FOR CONDITIONAL USE PERMIT NO. 5.0771, TO ROLAND K. BURBANK, DVM, AND MELINDA S. BYERS, DVM, FOR A PROPOSED VETERINARY HOSPITAL AND CARE/BOARDING FACILITY AND THE CREATION OF A ONE ACRE PARCEL AT THE SOUTHWEST CORNER OF RAMON ROAD AND CALLE SANTA CRUZ, P ZONE, SECTION 19, AND MAKING FINDINGS IN SUPPORT THEREOF. WHEREAS, Roland K. Burbank, DVM, and Melinda S. Byers, DVM, (the "applicant") have filed an application for the first possible one-year time extension for Conditional Use Permit No. 5.0771 with the City pursuant to the Zoning Ordinance for a veterinary hospital and care/boarding facility on a one -acre parcel at the southwest corner of Ramon Road and Calle Santa Cruz, P zone, Section 19; and WHEREAS, on March 25, 1998, the Planning Commission held a public hearing on the application for Conditional Use Permit No. 5.0771 and related Tentative Parcel Map 28773 and unanimously approved said Conditional Use Permit application on that date, while recommending approval of Tentative Parcel Map to the City Council, subject to conditions; and WHEREAS, on May 6, 1998, the City Council approved related Tentative Parcel Map No. 28773 subject to conditions and recommended issuance of a mitigated negative declaration for the Tentative Parcel Map; and WHEREAS, on March 1, 2000, the applicant filed a request for a one-year time extension of Conditional Use Permit 5.0771 to finalize any remaining plan check items associated with the construction plans for the project; and WHEREAS, this request for time extension would keep the application active and allow the applicant to have until March 25, 2001 to obtain construction permits for the project; and WHEREAS, Tentative Parcel Map No. 28773 was recorded prior to its expiration date of May 6, 2000, hence, there is no need for an extension of this related Tentative Parcel Map; and WHEREAS, the Planning Commission considered the applicants first time extension request for the Conditional Use Permit at its duly noticed meeting held on April 12, 2000; and 0 WHEREAS, there have been no significant changes to the City's Zoning Ordinance or General Plan that would cause the development plans approved by the Planning Commission to not be in compliance with all applicable development criteria and policies; and WHEREAS, the Planning Commission has independently reviewed all evidence provided including the staff report dated April 12, 2000 and all other written and oral testimony, and finds the project, subject to the original conditions of approval (Exhibit A), consistent with the requirements of the Ordinances of the City and State law. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission of the City of Palm Springs, California, after considering the evidence provided at the meeting hereby recommends approval of a one-year time extension of Conditional Use Permit No. 5.0771, until March 25, 2001, subject to those original conditions set forth in Exhibit A, on file in the Department of Planning & Building's office, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless other specified. ADOPTED this 12' day of April , 2000. AYES: Mills, Matthews, Raya, Jurasky, Caffery, Klatchko NOES: 0 ABSENT: Fontana ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA CByA7t, Planning Commission Chairman PlAnring mmission Secretary AYmau t1Y f LANNI-Itsins i,U�r.�4lisw D$�-� � Initial—A.A APP O VED BY CITY COIACIL RESOLUTION NO.4687 Caw _ _._.. Date-.,..w...... ---- Initial -- EXHIBIT A .......$7 rna;l,�rcp PRO'VAL SUBJECT TG Al i� VY ARft)" t. CONDITIONAL USE PERMIT NO.5.0771 (TIME EXT DESERT ANIMAL HOSPITAL SOUTHWEST CORNER OF RAMON ROAD AND CALLE SANTA CRUZ APRIL 12, 2000 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, 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. ENGINEERING: STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. RAMON ROAD EAST 2. Construct a curb ramp meeting current California State Accessibility standards at the NORTHEAST corner of the subject property per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 2A. Dedicate an additional right-of-way for the property line - corner cut -back at the NORTHEAST corner of the subject property in accordance with the City of Palm Springs Standard Drawing No. 105. 3. All broken or off grade CURB, GUTTER, AC PAVEMENT AND SIDEWALK shall be repaired or replaced. CALLE SANTA CRUZ 0 4. The driveway approaches shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum widths of 24 feet. The north driveway approach shall be a minimum of 60 feet south of the end of curb retum. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 6. Construct a sidewalk transition at the NORTHEAST comer of the subject property. 7. The existing curb and gutter shall remain in place except for curb cuts necessary for driveway approaches. 8. All broken or off grade CURB AND GUTTER shall be repaired or replaced. SANITARY SEWER 9. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. GRADING 10. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 11. Submit a Grading Plan prepared by a Registered Professional to the Engineering Division for plan check. Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Division. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Copy of final Planning Department comments. B. Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. E. Copy of Soils Report, IF required by these conditions. 0-1 12. Drainage swales shall be provided adjacent to all curbs and sidewalks - Y wide and 6" deep - to keep nuisance water from entering the public streets, roadways, or gutters. 13. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 14. A soils report prepared by a licensed Soils Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 15. Contact the Building Division to get PM 10 requirements prior to request for grading permit. DRAINAGE 16. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure. 17. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $ 9,212.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. ON -SITE 18. The minimum pavement section for all on -site parking areas shall be 2-1/2 inch asphalt concrete pavement over 4-inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal. The pavement section shall be designed, using "R" values, determined by a licensed Soils Engineer and submitted with the Fine Grading Plan to the City Engineer for approval. 19. The on -site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00. GENERAL 20. Any utility cuts in the existing off -site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional inch. See City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. 21. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. (0 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 Standard Drawing No. 203. 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 per City of Palm Springs Engineering specifications. 24. The Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Parcel Map to the Engineering Division. 25. The existing lots or parcels shall be divided. The developer shall submit a final parcel map prepared by either a Registered Civil Engineer or a Licensed Land Surveyor to the Engineering Division. This condition shall be complied with before issuance of grading or building permits. 26. The following improvements shall be listed in the improvement certification for improvements on the Final Parcel Map and clearly noted that the following improvements will be the minimum development requirements for Parcel 2 of Tentative Parcel Map 28773 but not required to be completed until such time that development is contemplated on Parcel 2: RAMON ROAD, CAMMO PAROCELA, PASEO DOROTEA AND POR.OF CALLE SANTA CRUZ A. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. B. Dedicate an additional right-of-way for the property line - comer cut -back at the NORTHWEST corner of the subject property in accordance with City of Palm Springs Standard Drawing No. 105. C. Construct a curb ramp meeting current California State Accessibility standards at the NORTHWEST corner of the subject property per City of Palm Springs Std. Dwg. Nos. 212 and 212A. D. Construct an 8 foot side combination sidewalk and bicycle path along the entire PASEO DOROTEA frontage. The construction shall be adjacent to the curb with colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. The concrete shall receive a broom finish. E. Construct a minimum 5 foot wide sidewalk behind the curb along the entire CALLE SANTA CRUZ frontage in accordance with City of Palm Springs Standard Drawing No. 210. F. All broken or off grade CURB, GUTTER, AC PAVEMENT, AND SIDEWALK shall be repaired or replaced. TRAFFIC 27. The developer shall provide a minimum of 48 inches of sidewalk clearance around ail street furniture, fire hydrants and other above -ground facilities for handicap accessibility. The developer shall provide same through dedication ofadditional right-of- way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the RAMON ROAD EAST and CALLE SANTA CRUZ frontages of the subject property. 28. Construction signing, lighting and barricading shall be provided for on all projects 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 State of California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1990, or subsequent additions in force at the time of construction. 29. This property is subject to the Transportation Uniform Mitigation Fee based on the OFFICE ITE Code A land use. PLANNING: 30. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 31. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0771. 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 f 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 dr 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. 32. Approval of Tentative Parcel Map 28773 is granted subject to the approval of Conditional Use Permit Case No. 5.0771. 33. Pursuant to Fish and Game Code Section 711.4 a filing fee of $78.00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the form of a money order or cashier's check payable to Riverside County, 34. The mitigation measures of the environmental assessment shall apply. The mitigation measures have been hereto incorporated within these conditions of approval. 35. Architectural approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 0 36. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Building prior to issuance of a building permit. 36a. A minimum of 50 percent of all required trees shall be specimen size; a minimum 24-inch box size when planted. 36b. All landscaped areas shall be permanently maintained by the property owner or other means acceptable to the City. All landscaped areas shall be kept free from weeds and debris and maintained in a healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing and trimming. 37. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, signage and grading on file with the City of Palm Springs and the conditions contained herein. 38. All operations shall be conducted to comply with the with the noise levels and loading/unloading requirements specified in the City of Palm Springs Zoning Ordinance. 39. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Building for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 40. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 41. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 42. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 43. Prior to issuance of a building permit, the applicant must provide a standard avigation easement and non -suit covenant in a form prescribed and approved by the City Attorney, with reference to present and future owners of the parcel. 44. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 45. All walls shall be provided with decorative treatment. 45a. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 45b. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 46. The decorative screen wall along the south and west sides of the outdoor exercise area shall be allowed to be a maximum height of 8 feet, per Section 9402.00 B 6 e of the Zoning Ordinance. However, in the event that the outdoor exercise area is no longer utilized for that purpose and/or the animal hospital use is no longer conducted on the premises, said wall shall be reconstructed as to be reduced in height to a maximum height of 6 feet, as typically allowed for the Professional zone by the Zoning Ordinance, Section 9302.00. 47. All materials on the flat portions of the roof shall be earth tone in color. 47a. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 47b. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 0 48. The street address numbering/lettering shall not exceed eight inches in height. 49. Submit plans meeting City standard for approval on the proposed trash enclosure prior to issuance of a building permit. The design of the enclosure shall be architecturally compatible with the building. 50. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 51. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 52. Loading space facilities shall be provided in accordance with Section 9307.00 of the Zoning Ordinance. Said facilities shall be indicated on the site plan and approved prior to issuance of building permits. 53. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved per Section. 54. 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. 55. The following elements shall be incorporated in the design of the parking lot: a. Islands of not Iess than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements below. b. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. C. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. d. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) feet wide. e. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can hare a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". f. Compact and handicapped spaces shall be appropriately marked per Section 9306.00C 10. 56. An exterior lighting plan in accordance with the lighting ordinance in effect at the time shall be submitted for review and approval by the Director of Planning and Building prior to the issuance of building permits. A photometric study and manufacturer's cut sheets of all exterior lighting on the building, in the landscaping, and in the parking lot shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down -lights shall be utilized. 56a. Illumination levels in the parking area shall be an average of one -foot candle. 56b. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 56c. Manufacturer's cut sheets of all exterior lighting on the building, in the landscaping, and in the �x parking lot shall be submitted for approval prior to issuance of a building permit. 56d. The lighting fixture design shall compliment the architectural program, including, but not limited to, parking lot lighting fixtures, exterior building fixtures and pedestrian area lighting fixtures. 57. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 58. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. 59. The final design of the turnaround area at the north end of the east parking lot shall be reviewed and approved by the Director of Planning and Building prior to the issuance of building permits. 60. The final design, location and treatment of the screen wall along Calle Santa Cruz shall be reviewed and approved by the Director of Planning and Building prior to the issuance of building permits. a 61. A continuos landscape buffer shall be provided across the south property line, wrapping around to the west property line at the southwest corner of the site. Trees or other types of tall landscaping shall be provided on the interior sides of the entire property, to the satisfaction of the Director of Planning and Building. 62. Use of the outdoor exercise area shall be conducted as to not create any adverse impacts upon residents relative to noise and odors, as determined by the Director of Planning and Building. 63. If any graffiti is marked on the building or perimeter walls, it shall be removed in accordance with the City's provisions for graffiti removal. 64. Activities on the property shall be limited as to not exceed the amount of available parking, as deterrriined by the Director of Planning and Building. Any proposed future interior alterations and/or tenant improvements shall be reviewed by the Director of Planning and Building to verify that such an alteration would not increase the amount of potential activity for the building as to exceed the amount of available parking on the property. POLICE DEPARTMENT: 65. Developer shall comply with Section H of Chapter 8.04 of the Palm Springs Municipal Code. WASTE DISPOSAL SERVICES: 0 66. The location of the trash enclosure is acceptable subject to approved construction details approved by the Director of Building and Safety consistent with approved City details. :11111011Nei 03 0'n:41UT1:3�I I 67. Prior to any construction on -site, all appropriate permits must be secured.