HomeMy WebLinkAboutPC Resolution _4725- Case 5.0843RESOLUTION NO. 4725
OF THE PLANNING COMMISSION OF THE CITY OF PALM
. SPRINGS, CALIFORNIA, APPROVING, SUBJECT TO THE
CONDITIONS STATED, CONDITIONAL USE PERMIT NO.
5.0843, TO FRIEND DEVELOPMENT PALM SPRINGS LLC
FOR THE DEVELOPMENT OF A 104-UNIT APARTMENT
PROJECT ON A 4.97 NET ACRE PARCEL AT THE
SOUTHEAST CORNER OF EAST PALM CANYON DRIVE
AND ARABY DRIVE, R-3 ZONE, SECTION 25, AND
MAKING FINDINGS IN SUPPORT THEREOF.
WHEREAS, Friend Development Palm Springs LLC ("Applicant") has filed an application
with the City pursuant to Sections 94.25.00 and 94.04.00 of the Zoning Ordinance for the
development of a 104-unit apartment project on a 4.97 net acre parcel located at the
southeast corner of East Palm Canyon Drive and Araby Drive, R-3 zone, Section 25; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider Applicant's application for Conditional Use Permit No. 5.0843 was given
in accordance with applicable law; and
WHEREAS, on November 22, 2000, a public hearing on the application for Conditional Use
Permit No. 5.0843 was held by the Planning Commission in accordance with applicable
law, said public hearing being subsequently continued to December 13, 2000; and
WHEREAS, the proposed Conditional Use Permit, (Case No. 5.0843), is categorically
exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant
to Section 15332 (in -fill Development Projects).
WHEREAS, the Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with the hearing on the project, including, but not limited
to, the staff report and all written and oral testimony.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA, the Planning Commission finds as follows:
This Conditional Use Permit is categoricallyexemptfrom environmental assessment
per Section 15332 of the California Environmental Quality Act (CEQA) in that
Section 15332 states that in -fill development projects are exempt from CEQA.
Section 2: Pursuant to Zoning Ordinance Section 94.25.00, the Planning Commission
finds that with the incorporation of those conditions set forth in Exhibit A:
a. The use applied for at the location set forth in the application is properly one for
which a Conditional Use Permit is authorized by the'City's Zoning Ordinance.
Pursuantto the Zoning Ordinance, multi -family dwellings are permitted in the Resort
Overlay Zone only by Conditional Use Permit, such permit subject to Planning
Commission findings that the proposed use is compatible with its surroundings and
that the site in question is not appropriate for other uses allowed by right within the
underlying zone. The purpose of the Resort Overlay Zone is to ensure adequate
opportunities for tourism. The subject property is irregular in shape and is not likely
to be developed as a hotel or other similar use in the future.
Case 5.0843 - Resolution
becember 13, 2000
Page 2 of 4
b. The proposed project is consistent with the General Plan.
The subject property is designated as H-43121 (High Density Residential) on the
City's General Plan Land Use Map and R-3 (Multiple -family Residential and Hotel
Zone) pursuant to the Zoning Map. The objective of the H-43121 General Plan
Designation (providing for the development of a threshold of 15 and a maximum of
21 dwelling units per acre) is to allow for multi -family apartments and similar
permanent housing. The proposed development of 104 apartment units on a 4.97
net acre site (20.92 units per acre) fits within the range of uses allowed within the
High Density Residential General Plan category.
c. The use applied for is necessary or desirable for the development of the
community, is in harmony with the various elements or objectives of the General Plan, and
is not detrimental to existing uses or to future uses specifically permitted in the zone in
which the proposed use is to be located.
The proposed development of 104 apartment units is in harmony with the various
elements and objectives of the City of Palm Springs General Plan and is not
detrimental to existing uses specifically permitted in the zone in which the proposed
use is to be located.
d. The site for the intended use is adequate in size and shape to accommodate
said use, including yards, setbacks, walls or fences, landscaping and other features
required in order to adjust said use to those existing or permitted future uses of land in the
neighborhood.
With the incorporation of Administrative Minor Modifications for: a) a 20% reduction
in rear yard setbacks, b) a reduced setback (from 125 feet to 110 feet) from East
Palm Canyon Drive, and c) a 10% reduction in the number of required parking
spaces, the site for the proposed 104-unit apartment project, on a 4.97 net acre
parcel located at the southeast corner of East Palm Canyon Drive and Araby Drive,
is adequate in shape and size to accommodate said use, including yards, setbacks,
walls or fences, landscaping and other features required in order to adjust said use
to those existing or permitted future uses of the land in the neighborhood.
e. The site for the proposed use related to streets and highways is properly
designed and improved to carry the type and quantity of traffic to be generated by the
proposed use.
The proposed development of 104 apartment units is bordered on three sides by
roadways, one of which is a private street, one of which is a collector street, and
one of which is a 30-foot wide access road alongside a major thoroughfare. A bus
bay turn -out and bus shelter will be required along the East Palm Canyon Drive
frontage in accordance with the design criteria of SunLine Transit Agency. The
payment of Transportation Uniform Mitigation Fund (TUMF) fees will be required
upon issuance of building permits. With all of the above items incorporated into the
recommended Conditions of Approval for the project (Exhibit A), the vehicular
circulation system will not be negatively impacted by trips generated from this
project.
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December 13, 2000
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f. In accordance with Policy 7.1.5 of the General Plan, the appropriate street
standard on East Palm Canyon Drive at this location is a 101-foot ultimate half -street right-
of-way.
This finding is made because existing development patterns make acquisition of
lands to comply with existing street standards infeasible and unnecessary. Policy
7.1.5 of the General Plan states that cross-section standards may be modified by
the Planning Commission to take into consideration the need for special right-of-
way widths where property cannot be feasibly acquired or the nature of the terrain
through which the street passes to prevent scarring of the landscape. The General
Plan shows a half -street right-of-way width on East Palm Canyon Drive of 101 feet
(total of 202 feet). The intent of the General Plan is to allow for a frontage road.
The proposed site plan includes a 30-foot frontage over an easement. Thus, the
proposal meets the intent of the General Plan. A five-foot sidewalk and bikeway
easement will also be accommodated. The existing special conditions, size of the
site, topography and irregular shape render difficulties in constructing full street
improvements at the street grade.
g. The design or improvements of the proposed 104-unit apartment project are
consistent with the General Plan.
The subject site is zoned R-3 (Multiple -family Residential and Hotel Zone) and
designated H-43121 (High Density Residential) pursuant to the City's General Plan
Land Use Map. The project will be compatible with the General Plan and existing
land uses to the south, north (across East Palm Canyon Drive) and east, as well as
future uses of vacant land to the west (across Araby Drive), which could be
developed with a variety of high density residential uses pursuant to the City's
General Plan and Zoning Ordinance. Furthermore, the project has been designed
to be sensitive to and not conflict with the existing commercial use to the east and
existing multiple family residences directly to the south of the site by incorporating
elements such as, but not limited to, a combination of heavy landscaping and block
walls along shared property lines.
h. The site is physically suitable for the type of development contemplated by the
proposed 104-unit apartment project.
The project has been designed to comply with all performance and development
standards of the R-3 Zone of the Zoning Ordinance, with the exception of the
Administrative Minor Modifications for: a) a 20% reduction in rear yard setbacks,
b) a reduced setback (from 125 feet to 110 feet) from East Palm Canyon Drive, and
c) a 10% reduction in the number of required parking spaces. The site is relatively
flat with native vegetation scattered across the property and no overhead utilities,
and will be accessed via Araby Drive. Thus, the project should be compatible with
the surrounding neighborhood.
i. The conditions to be imposed and shown on the approved site plan are deemed
necessary to protect the public health, safety and general welfare, including any minor
modifications of the zone's property development standards.
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December 13, 2000
Page 4 of 4
All proposed conditions of approval are necessary to ensure public health and
safety, including, but not limited to, the requirements for public street improvements,
landscape and wail treatments along the project perimeter.
NOW, THEREFORE, BE IT RESOLVED that based upon the foregoing, the Planning
Commission hereby approves Case No. 5.0843, subject to those conditions set forth in
Exhibit A on file in the Department of Planning and Building, which are to be satisfied prior
to issuance of a Certificate of Occupancy unless otherwise specified.
ADOPTED this 13th day of December, 2000.
AYES:
Caffery, Jurasky, Klatchko, Matthews, Mills;
NOES:
None;
ABSENT:
Raya, Schoenberger;
ABSTAIN:
None.
ATTEST:
Secr ry, Planning Commission
ITY O ALM SPRINGS
Cha man, Planning Commission
APPRoaD BY PLANNINS GUMMlai1011
case *,Ca. 083 Date +''r initial
APPROVED BY CITY COUNCIL
RESOLUTION NO.4725 &HO — Date.._--- initial —
EXHIBIT *_—,. — Ordinance #_—
EXHIBIT A APPROVAL SUBJECT TO ALL REQUIRED
Conditional Use Permit No. 5.0843 CONDITIONS BY ABOVE BODIES
Friend Development Palm Springs, LLC
Southeast corner East Palm Canyon Drive and Araby Drive
December 13, 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.
PLANNING:
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.
2. 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 5.0846. 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 waive the indemnification herein, except, the City's decision to settle or abandon a
matter following an adverse judgement or failure to appeal, shall not cause a waiver of the
indemnification rights herein.
3. Commencement of use or construction under this Conditional Use Permit and Architectural
Approval shall be within two (2) years from the effective date of approval. Extensions of time
may be granted by the Planning Commission upon demonstration of good cause.
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December 13, 2000
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4. Construction documents shall be subjectto review and approval by the Planning Commission
prior to issuance of building permits.
5. 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.
6. The appeal period for this application is 15 calendar days from the date of project approval.
Permits will not be issued until the appeal period has concluded.
7. A revised preliminary landscape plans shall be submitted to the Planning Commission within
30 days of Planning Commission approval of the requested Conditional Use Permit and
Architectural Approval.
8. 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.
Landscape plans shall be approved by the Riverside County Agricultural Commissioner's
Office prior to submittal.
9. 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.
10. 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.
11. 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.
12. Drainage swales shall be provided adjacent to all curbs and sidewalks - T 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.
13. 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.
14. 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.
15. Pursuant to an agreement between the applicant and the Park South Homeowners
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December 13, 2000
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Association, the applicant shall provide, at the applicant's expense, a new monument sign
identifying the Park South condominium development. Said sign shall be subject to review
and approval by the Department of Planning and Building.
16. All roof mounted mechanical equipment shall be screened from all possible vantage points
both existing and future per Section 93.03.00 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.
17. No exterior down spouts shall be permitted on any facade on the proposed building(s) which
are visible from adjacent streets or residential and commercial areas.
18. Perimeter walls shall be designed, installed and maintained in compliance with the corner
cutback requirements as required in Section 93.02.00.D.
19. The design, height, texture and color of building(s), fences and walls shall be submitted for
review and approval by the Director of Planning and Building prior to issuance of building
permits.
20. The street address numbering/lettering shall not exceed eight inches in height.
21. Construction of any residential unit shall meet minimum soundproofing requirements
prescribed pursuant to Section 1092 and related sections of Title 25 of the California
Administrative Code. Compliance shall be demonstrated to the satisfaction of the Building
Official.
22. An exterior lighting plan in accordance with the Zoning Ordinance Section 93.21.00, Outdoor
Lighting Standards, shall be submitted for review and approval by the Director of Planning &
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.
23. If proposed, parking lot light fixtures shall align with stall striping and shall be located two to
three feet from curb face.
24. Parking lot lighting shall be primarily from carport structures mounted above parking spaces
and shielded from direct view, as to minimize impacts on adjacent properties, to the
satisfaction of the Director of Planning and Building.
25. Submit plans meeting City standard for approval on the proposed trash and recyclable
materials enclosure prior to issuance of a building permit.
26. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public
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December 13, 2000
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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 as calculated
pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for
commercial projects or 114% 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
Building 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.
27. Details of pool fencing (material and color) and equipment area shall be submitted with final
landscape plan.
28. No sirens, outside paging orany type of signalization will be permitted, exceptapproved alarm
systems.
29. No outside storage of any kind shall be permitted except as approved as a part of the
proposed plan.
30. 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.
31. An Administrative Minor Modification shall be granted for reduced setbacks from East Palm
Canyon, reduced rear yard setbacks and reduced parking requirements, prior to issuance of
a building permit.
32. Shading requirements for parking lot areas as set forth in Section 93.06.00 of the Zoning
Ordinance shall be met. Details to be provided with final landscape plan.
33. 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.
34. 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.
35. Tree wells shall be provided within the parking lot and shall have a planting area of six feet
in diameter/width.
3. 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
share a common walkway. One in every eight (8) handicap accessible spaces, but not less
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December 13, 2000
Page 5 of 14
than one (1), shall be served by an 8 foot walkway on the right side and shall be designated
as "van accessible".
37. 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.
38. Compact and handicapped spaces shall be appropriately marked per Section 9306.00010.
39. 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.
40. All parking areas shall be adequately screened pursuant to Section 93.06.00 of the Zoning
Ordinance, including the use of decorative screen wails in the streetscape areas between on -
site parking areas and the public streets. As such, four foot high walls and/or berms are
required. Should berming be used adjacent to retention basins for on -site drainage, the
berming shall fit aesthetically and shall not include extreme slopes for either the berms or the
retention basins. If walls are utilized, the design, height, texture and color of the walls shall
be submitted for review and approval by the Director of Planning and Building prior to
issuance of building permits.
41. The final design of the vehicular access points, which include access gates, turn -around
areas, on -site circulation, etc. shall be submitted for review and approval by the Director of
Planning and Building and Fire Marshal prior to issuance of building permits.
42. The City will vacate to the applicant a six -feet (plus or minus) strip of land along the public
right-of-way immediately north of the 30-foot access road in order to accommodate both the
30-foot wide access road and a five-foot sidewalk on the south side of the access road. Once
the strip of land is vacated by the City, the applicant will include on the map the precise
location of the 30-foot access road.
43. The applicant shall grant the City an easement for a bikeway on the 30-foot access road.
44. A heavy landscape hedge shall be provided and maintained in a five-foot wide area on the
outside of the six-foot high perimeter wall along the private street immediately south of the
project, to the satisfaction of the Director of Planning and Building.
45. Pursuant to an agreement between the applicant and the Park South Homeowners
Association, the applicant shall provide, at the applicant's expense, a decorative, electronic
swing arm access gate at the west end of the existing private street located south of the
project. Said access gate shall accommodate disabled access and shall include a turn-
around area to accommodate stacking for at least two automobiles. Said gate shall be
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December 13, 2000
Page 6 of 14
subject to architectural review pursuant to Section 94.04.00 of the Zoning Ordinance. Power
source for operation of said gate shall come from Park South Homeowners Association.
46. Pursuant to an agreement between the applicant and the Park South Homeowners
Association, the applicant shall provide, at the applicant's expense, two remote control
devices for each condominium unit to activate the electronic swing arm access gate to be
provided at the east end of the existing private street located south of the project.
47. Pursuant to an agreement between the applicant and the Park South Homeowners
Association, the applicant shall provide, at the applicant's expense, lighting fixtures to up -light
the existing palm trees along the existing private street located south of the project, as well
as lighting fixtures to illuminate the existing private street located south of the project. Power
source for operation of said fixtures shall come from the applicant's property. Said lighting
fixtures shall comply with Section 93.21.00 of the Zoning Ordinance.
48. Pursuant to an agreement between the applicant and the Park South Homeowners
Association, the applicant shall provide, at the applicant's expense, gates in the existing
perimeterwalls at 1796 Araby Drive and 1798 Araby Drive, said gates to be located such that
a clear path of travel is provided from the rear yards to the public way.
49. Heavy landscaping shall be provided between the apartment buildings and the six-foot
perimeter wall where the two-story apartment buildings (specifically Buildings 5 and 6) are
adjacent to existing single -story, multi -family units on the south end of the project. The
existing hedge located between the existing single -story multi -family units and the proposed
two-story apartment units shall be replaced with mature, dense hedges to the satisfaction of
the Director of Planning and Building.
50. Pursuant to an agreement between the applicant and the Park South Homeowners
Association, the applicant shall include on the parcel map an adjustment to grant to the owner
of 1842 Araby Drive the portion of the applicant's property currently in use as an outdoor patio
area at 1842 Araby Drive.
51. A six-foot high perimeter wall and heavy landscape screen shall be provided along the east
property line to screen the project from the adjacent commercial use to the east, to the
satisfaction of the Director of Planning and Building.
52. The project shall comply with all Title 24 regulations, as well as California Multi -Family
Disabled Access regulations.
53. Color and finish of both sides of all perimeter walls shall be constructed with decorative block.
54. A bus shelter shall be constructed along the East Palm Canyon Drive frontage in conjunction
with the bus bay turnout on East Palm Canyon Drive. The design of the shelter shall be
integrated architecturally with the architecture of the buildings, to the satisfaction of the
Director of Planning and Building. Contact SunLine Transit Agency for details regarding bus
stop fumiturelshelter requirements and maintenance requirements.
55. Eucalyptus shall be utilized as a street tree along the East Palm Canyon frontage.
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56. Gated and secured pedestrian connections from the public sidewalk along East Palm Canyon
Drive and Araby Drive into the project shall be provided to the satisfaction of the Director of
Planning and Building.
57. Two gated and secured pedestrian access points into the project shall be provided along the
30-foot wide access road located on the north side of the project.
POLICE DEPARTMENT:
1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code.
FIRE DEPARTMENT:
1. Construction shall be in accordance with the1998 California Fire Code, 1998 California
Building Code, City of Palm Springs Ordinance 1570, Desert Water Agency requirements,
NFPA 13, 14, 24, 70, 72 and 760 plus UUCSFM listings and approvals.
2. Approved numbers or addresses shall be plainly visible and legible from the street or road
fronting the property per 1998 California Building Code, Chapter 5, Section 502.
3. Fire Department Access Roads shall be provided and maintained in accordance with the 1998
California Fire Code, Article 9, Section 902 and local ordinances.
BUILDING DEPARTMENT:
1. Prior to any construction on -site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT:
The Engineering Department recommends that if this application is approved, such approval is
subject to the following conditions being completed in compliance with City standards and ordinances:
Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction
of the City Engineer.
STREETS
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.
2. Submit street improvement plans prepared by a Registered Civil Engineer to the
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December 13, 2000
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Engineering Department. The plan(s) shall be approved by the City Engineer prior to
issuance of any grading or building permits.
Minimum submittal shall include the following, IF applicable:
A. Copy of signed Conditions of Approval from Planning Department.
B. Proof of processing dedications of right-of-way, easements, encroachment
agreements/licenses, covenants, reimbursement agreements, etc. required
by these conditions.
EAST PALM CANYON DRIVE
3. Dedicate additional right-of-way as required to incorporate the bus turn out and
adjacent 8 foot wide sidewalk.
3A. Developer shall apply for the vacation of the south 7 feet of the Palm Canyon Drive
East right-of-way from at point 83 feet + east of the northeast corner of the tract to the
southeast property line. Developer shall be responsible for final resolution of all
utilities, demolition of all existing improvements, reconstruction of affected intersecting
streets and coordination of improvements with adjacent property owners, if applicable,
for the street vacation. All agreements and improvement plans relative to the above
mentioned items shall be approved by the City Engineer phro to the submittal of the
street improvement plans.
4. Construct an 8 inch curb and gutter, 38 feet SOUTH of the existing construction
centerline along the entire frontage, with a 35 foot radius curb return at the
intersection of Araby Drive per City of Palm Springs Standard Drawing No. 200.
5. Construct a curb ramp meeting current California State Accessibility standards at the
SOUTHEAST comer of the intersection with Araby Drive per City of Palm Springs Std.
Dwg. Nos. 212 and 212A.
6. Construct a 160-foot long by 10-foot wide bus turn out on the EAST PALM CANYON
DRIVE frontage beginning at the ECR of the southeast corner of the intersection of
Araby Drive. The configuration shall be approved by the City Engineer in conjunction
with SunLine Transit. Contact SunLine Transit for details regarding bus stop
fumiturelshelter requirements. Developer shall construct shelter inclusive of furniture
and lighting.
7. Remove and replace existing pavement with a minimum pavement section of 5 inch
asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of
24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to
clean sawcut edge of existing pavement along the entire frontage in accordance with
City of Palm Springs Standard Drawing No.110 and 340. The pavement section shall
be designed, using "R" values, by a licensed Soils Engineer and submitted to the City
Engineer for approval.
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December 13, 2000
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ARABY DRIVE
8. Construct a 6 inch curb and gutter, 20 feet EAST of centerline along the entire
frontage of the subject property, with a 35 foot radius curb return at BOTH SIDES of
the intersection with the ACCESS ROAD and at the intersection with East Palm
Canyon Drive per City of Palm Springs Standard Drawing No. 200.
9. Construct the BOTH SIDES of an 8 foot cross gutter and spandrel at the intersection
of ARABY DRIVE and ACCESS ROAD with a flow line parallel to the centerline of
ARABY DRIVE in accordance with City of Palm Springs Standard Drawing No. 200
and 206.
10. 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.
11. Construct a curb ramp meeting current California State Accessibility standards on
BOTH SIDES of the intersection with the ACCESS ROAD per City of Palm Springs
Std. Dwg. Nos. 212 and 212A.
12. Remove and replace existing pavement with a minimum pavement section of 3 inch
asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of
24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to
centerline along the entire frontage in accordance with City of Palm Springs Standard
Drawing No.110 and 315. The pavement section shall be designed, using "R" values,
by a licensed Soils Engineer and submitted to the City Engineer for approval.
PRIVATE ACCESS ROAD (Easement)
13. The ECR (end of curb return) on the north side of the Access Road shall be a
minimum of 40 feet south of the BCR (beginning of curb return) on the south side of
East Palm Canyon Drive.
14. The centerline curve radius shall be a minimum fo 130 feet.
15. Construct a 6 inch curb and gutter, 15.00 feet FROM BOTH SIDES of centerline
along the entire frontage, with a 35 foot radius curb return at the INTERSECTION
WITH ARABY DRIVE per City of Palm Springs Standard Drawing No. 200.
16. The two (2) west driveway approaches shall be constructed in accordance with City
of Palm Springs Standard Drawing No. 205 and have minimum widths of 24 feet.
The east driveway approach shall be constructed in accordance with City of Palm
Springs Standard Drawing No. 204 and have minimum widths of 24 feet.
17. Construct a minimum 5 foot wide sidewalk behind the curb on the SOUTH side of the
access road in accordance with City of Palm Springs Standard Drawing No. 210.
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17A. A pedestrian access easement for the 5 foot wide sidewalk, the curb ramp area and
access to Palm Canyon Drive East (at the southeast corner of the tract) shall be
dedicated to the City on the parcel map.
18. Construct a curb ramp meeting current California State Accessibility standards at the
NORTHEAST comer of the subject property per City of Palm Springs Std. Dwg. Nos.
212 and 212A.
Constructa curb ramp meeting current California State Accessibility standards at both
sides and across the median island of the main driveway per City of Palm Springs Std,
Dwg. Nos. 212 and 212A.
19. Remove and replace existing pavement with a minimum pavement section of 2-112
inch asphalt concrete pavement over 6 inch aggregate base with a minimum
subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed
gutter to edge of proposed gutter along the entire frontage in accordance with City of
Palm Springs Standard Drawing No. 110. The pavement section shall be designed,
using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for
approval.
20. The curb face on the north side of the street shall be painted red to designate NO
PARKING.
SANITARY SEWER
21. Connect all sanitary facilities to the City sewer system. lateral shall not be connected
at manhole.
GRADING
22. 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.
23. Submit a Grading Plan prepared by a Registered Professional to the Engineering
Department for plan check. Grading plan shall be submitted to the Planning
Department for comments prior to submittal to the Engineering Department.
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 Planning Department comments regarding the grading plan.
B. Copy of signed Conditions of Approval from Planning Department.
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December 13, 2000
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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.
F. Copy of Hydrology Study/Report, IF required by these conditions.
G. Copy of the General Construction Activity Storm Water Permit from the State
Water Resources Control Board (Phone No. 916 657-0687) to the City
Engineer prior to issuance of the grading permit.
24. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and
6" deep - to keep nuisance water from entering the public streets, roadways, or
gutters.
25. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the
developer shall postwith the Citya cash bond of two thousand dollars ($2,000.00) per
acre for mitigation measures of erosion/blowsand relating to his property and
development.
26. 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
Department along with plans, calculations and other information subject to approval
by the City Engineer prior to the issuance of the grading permit.
27. The hydrology study mitigation measures shall be incorporated into the grading plan.
28. Contact the Building Department to get PM10 requirements prior to request for
grading permit.
29. In cooperation with the Riverside County Agricultural Commissionerand the California
Department of Food and Agriculture Red Imported Fire Ant Project, applicants for
grading permits involving an engineered grading plan and the export of native soil
from the site will be required to present a clearance document from a Department of
Food and Agriculture representative in the form of an approved "Notification of Intent
To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los
Angeles Counties" (RIFA Form CA-1) or a verbal release from that office prior to the
issuance of the City grading permit. The California Department of Food and
Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert. (Phone: 760-
776-8208)
DRAINAGE
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December 13, 2000
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30. The developer shall accept all flows impinging upon his land and conduct these flows
to an approved drainage structure. On -site retention/detention or other measures
required by the approved hydrology study shall be included on the grading plan.
31. The project is subject to flood control and drainage implementation fees. The acreage
drainage fee at the present time is $7,271.00 per acre per Resolution No. 15189.
Fees shall be paid prior to issuance of a building permit.
ON -SITE
32. The minimum pavement section for all on -site streets/parking areas shall be 2-1/2
inch asphalt concrete pavement over 4-inch aggregate base with a minimum
subgrade of 24 inches at 96% 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.
33. The on -site parking lot shall be constructed in accordance with City of Palm Springs
Zoning Ordinance, Section 9306.00.
GENERAL
34. 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.
35. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to
issuance of a Certificate of Occupancy.
36. All existing utilities shall be shown on the grading/street plans. The existing and
proposed service laterals shall be shown from the main line to the property line. The
approved original grading/street plans shall be as -built and returned to the City of
Palm Springs Engineering Department prior to issuance of the certificate of
occupancy.
37. The owner shall enter into a covenant agreeing to underground all existing overhead
facilities on/or adjacent to this property that are less than 35 kV in the future upon
request of the City of Palm Springs City Engineer at such time as deemed necessary.
The covenant shall be consummated and submitted to the Engineering Department
prior to issuance of a grading permit. An updated title report or a copy of the current
tax bill shall be provided to verify ownership.
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December 13, 2000
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38. The developer is advised to contact all utility purveyors for detailed requirements for
this project at the earliest possible date.
39. 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.
40. 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.
MAP
41. The existing lots or parcels shall be combined. The developer shall submit a parcel
map prepared by either a Registered Civil Engineer or a Licensed Land Surveyor to
the Engineering Department. This condition shall be complied with before issuance
of grading or building permits.
42. 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
Department.
43. The Parcel Map shall be prepared by a licensed Land Surveyor or qualified Civil
Engineer and submitted to the Engineering Department for review. Submittal shall be
made prior to issuance of grading or building permits.
TRAFFIC
44. The developer shall provide a minimum of 48 inches of sidewalk clearance around all
street furniture, fire hydrants and other above -ground facilities for handicap
accessibility. The developer shall provide same through dedication of additional 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 PALM CANYON DRIVE EAST, ARABY DRIVE and ACCESS ROAD
frontages of the subject property.
45. The developer shall have restriping plans approved by the City Engineer and shall
restripe the Araby Drive approach to East Palm Canyon Drive prior to issuance of a
Certificate of Occupancy.
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December 13, 2000
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The striping on East Palm Canyon Drive shall be modified to transition traffic going
eastbound through the Araby Drive intersection.
46. The developer shall be responsible for the relocation and modification of the existing
traffic signal poles, conduit, pull boxes and all appurtenances located on the
SOUTHEAST comer of PALM CANYON DRIVE EAST and ARABY DRIVE in
accordance with the requirements of the City of Palm Springs.
47. A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND" shall be
installed per City of Palm Springs Standard Drawing Nos. 620-626 at the following
locations:
Araby Drive @ Access Road
48. 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, Departmentof Transportation, "MANUAL OF TRAFFIC CONTROLS FOR
CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1996, or subsequent
additions in force at the time of construction.
49. This property is subject to the Transportation Uniform Mitigation Fee based on the
RESIDENTIAL MULTI -FAMILY ITE Code B land use.
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