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HomeMy WebLinkAbout2023-11-06 ARC Resolution _1037 DAP East Elev_RESOLUTION NO. 1037 A RESOLUTION OF THE ARCHITECTURAL REVIEW COMMITTEE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MINOR ARCHITECTURAL APPLICATION FOR REVISIONS TO THE EAST ELEVATION OF CLINIC BUILDINGS AT THE DAP HEALTH CAMPUS LOCATED AT 1695 NORTH SUNRISE WAY, ZONE PD 281, (CASE 3.1047 MAA) THE ARCHITECTURAL REVIEW COMMITTEE FINDS AND DETERMINES AS FOLLOWS: A. DAP Health ("Applicant") filed an application with the City, pursuant to the Palm Springs Zoning Code (PSZC) Sections 94.04.00 (E) (architectural review), of the Palm Springs Zoning Code, for revisions to the east building elevation at the DAP campus located at 1695 North Sunrise Way ("the Project"). B. On April 8, 2021, the City Council adopted Ordinance No. 2042, amending Section 94.04.00 of the PSZC to reassign review of Major Architectural Review (MAJ) applications from the City's Planning Commission to the City's Architectural Review Committee. C. On December 10, 2020, the City Council approved a General Plan Amendment; an Amendment to the Planned Development District (PDD 281) in Lieu of Change of Zone; a Major Architectural Application; and Development Agreement for the overall DAP Campus. D. On November 6, 2023, the City's Architectural Review Committee held a public meeting in accordance with applicable public law. At said meeting, the Architectural Review Committee carefully reviewed and considered all of the evidence presented in connection with the Project, including, but not limited to, the staff report, and all written and oral testimony presented. THE ARCHITECTURAL REVIEW COMMITTEE RESOLVES: Section 1: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the City Council certified a Mitigated Negative Declaration (MND) for the development and determined that the project will not have significant effect on the environment because mitigation measures will be implement reducing the impact to less than significant. Section 2: As demonstrated in the staff report, the Project conforms to the Architectural Guidelines of PSZC Section 94.04.00 ("architectural review"). Section 3: Based upon the foregoing, the Architectural Review Committee hereby approves Case 3.1047 MAA, for revisions to the east elevation subject to the conditions of approval attached herein as Exhibit A. ADOPTED this 6th day of November, 2023. MOTION: THOMPSON, SECOND BY MCCOY PASS AYES: THOMPSON, MCCOY, NOE NONE ABSENT: JACKWAY ATTEST: Christopher Hadwin Director of Planning Services DOCZI, WELSH, POEHLIEN CITY OF PALM SPRINGS, CALIFORNIA RESOLUTION 1037 EXHIBITA Minor Architectural Case 3.1047 MAA DAP Health 1695 North Sunrise Way November 6, 2023 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Director of Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE CONDITIONS ADM 1. Project Description. This approval is for the project described per Case 3.1047 MAA; ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped November 6, 2023, including site plans, architectural elevations, exterior materials and colors, landscaping on file in the Planning Division. ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative Architectural Review Committee Resolution No. 1037 Case 3.1047 MAA Conditions of Approval Page 2 of 3 officers concerning Case 3.1047 MAX 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 judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 6. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. ADM 7. Time Limit on Approval. Approval of the Minor Architectural Applications (MAA) shall be valid for a period of two (2) years from the effective date of the approval except as otherwise modified by the Development Agreement. ADM 8. Right to„Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 9. 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. ADM 10. Development Agreement. The development agreement shall address the Project timing for construction and completion for this portion of the development. Architectural Review Committee Resolution No. 1037 Case 3.1047 MAA Page 3 of 3 Conditions of Approval PLANNING DEPARTMENT CONDITIONS PLN 1. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs Municipal Code and all other water efficient landscape ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior to the issuance of a building permit. Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are in conformance with the water agency's and the State's Water Efficient Landscape Ordinances. PLN 2. 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. The applicant shall submit a sign program to the Department of Planning Services. BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on -site, all appropriate permits must be secured. ENGINEERING DEPARTMENT CONDITIONS TMG EP#pearlPig DMSTOTi recommends that i Is 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 associated with previous approvals must be satisfied. END OF CONDITIONS