Loading...
HomeMy WebLinkAboutPC Resolution _4737- Case 5.0855 CUPRESOLUTION NO. 4737 OF THE PLANNING COMMISSION OFTHE CITYOF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.0855 CONDITIONAL USE PERMIT FOR A PROFESSIONAL OFFICE BUILDING LOCATED AT 1921 EAST TAHQUITZ CANYON WAY, R-2 ZONE, SECTION 13. WHEREAS, James Cioffi, (the "Applicant") filed an application with the City pursuant to section 9402.00 of the Zoning Ordinance for a Conditional Use Permit for a dental office located at 1921 East Tahquitz Canyon Way, R-2 Zones, Section 13; and WHEREAS, the hours of operation will be from 7:00 a.m. until 5:00 p.m. five (5) days a week; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider an application for Conditional Use Permit 5.0855 was issued in accordance with applicable law; and WHEREAS, on March 14, 2001, a public hearing on the application for Conditional Use Permit 5.0855 was held by the Planning Commission in accordance with applicable law; and 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, all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the Planning Commission finds that this project is categorically exempt from California Environmental Quality Guidelines (CEQA). Section 2: Pursuant to Zoning Ordinance Section 9402.00, the Planning Commission finds that: 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. Pursuant to the Zoning Ordinance, a professional office is a use which is conditionally permitted in the R-2 (Multiple -Family Residential) zone if located on a major thoroughfare. b. The said use is necessary or desirable for the development of the community, and is in harmony with the various elements or objectives of the General Plan, and is not detrimental to the existing orfuture uses specifically permitted in the zone in which the proposed use is to be located. The proposed use will be located in the R-2 (Multiple -Family Residential) zoning district which allows for professional offices by Conditional Use Permit. The proposal has a strong design statement and is similar in mass and scale as existing professional office buildings on Tahquitz Canyon Way. The proposed project is necessary and desirable for the development of the community and is in harmony with the General Plan. The proposed use and improvements are necessary and desirable forthe developmentof the community. 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 orderto adjust said use to those existing or permitted future uses of land in the neighborhood. The lot is approximately 12,490 square feet with a proposed lot coverage of 20%. The building will be a single -story 2,512 square foot building and will meetall required building setbacks. This site is physically suitable for the type of development contemplated by the proposed Planned Development d _ The site far the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. This portion of Tahquitz Canyon Way is a major thoroughfare (100'). No additional right-of-way is required. The number of vehicles will not significantly increase due to the small scale of the proposed use. Therefore, the granting of this Conditional Use Permitwith the conditions of approval will not adversely affect the General Plan. e. The conditions to be imposed are deemed necessary to protect the public health, safety and general welfare, of the existing neighborhood in which this project is situated. All proposed conditions of approval are necessary to ensure public health and safety including, but not limited to the requirements foran Administrative Minor Modification forthe reduction in parking requirements. This site is physically suitable for the type of development contemplated by the proposed Planned Development. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 5.0855 subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this 14t' day of March, 2001. AYES: Mills, Jurasky, Klatchko, Raya, Matthews, Caffery, Shoenberger NOES: ABSENT: ABSTENTIONS: ATTEST: Chairman of the Planning Commission CITY OF PALM SPRINGS, CALIFORNIA Secrete f the Planning Commission EXHIBIT A CASE 5.0855-CUP James Cioffi CK�];!U7�>iL�7►1:Y�];�1;1,;;�e1�LL March 14, 2001 APPROVED BY PLANNINU CURA 'wik :ese APPROVED 8Y CITY COUNCIL tease # Oate._w.___ Initial inclution .- ordinenoe #.. Al}PROVAL SU81 TO ALL EgItIREI) C.ONDITIBNS BY ABOV IER 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 DEPARTMENT: 1. 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 5.0855-CUP. 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 orwill advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs falls 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 further indemnification hereunder, except, the City's decision to settle or abandon a matter following an adversejudgment orfailure to appeal, shall notcause awaiverof the indemnification rights herein. 3. Conditional Use Permit 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. 4. The appeal period fora Conditional Use Permit application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 5. 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. 6. 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. 7. Separate architectural approval and permits shall be required for all signs. Adetailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 8. All materials on the flat portions of the roof shall be earth tone in color. 9. 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. The exterior elevations and roof plans of the buildings shalt indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Screening shall be at least 6" above the equipment. 10. Perimeterfencing shall be designed, installed and maintained in compliancewith the corner cutback requirements as required in Section 9302.00.D. 11. The street address numbering/lettering shall not exceed eight inches in height. 12. An exterior lighting plan in accordance with the lighting ordinance in effectatthe time shall be submitted for review and approval bythe Director of Planning and Building prior to issuance of building permits. A photometric study and manufacturer's cut sheets of all exterior lightfixtures shall be submitted with the lighting plan. All light fixtures not approved by the Planning Department shall be removed including the flood light located on the north side of the building. Bollard or other low height type lightfixtures shall be utilized to reduce the effect on adjacent residential land uses. 13. Parking lot lightfixtures shall align with stall striping and shall be located two to three feet from curb face. 14. Submit plans meeting City standard for approval on the proposed trash, medical waste and recyclable materials enclosure prior to issuance of a building permit. 15. No sirens, outside paging, speaker system or any type of signalization will be permitted, except approved alarm systems. 16. No outside storage of any kind shall be permitted. 17. Vehicles associated with the operation of the proposed development including customerand employee vehicles shall park on the proposed building site at all times. 18. All installation activities shall be conducted within the service bays. No installation shall be performed within parking areas or on adjacent public streets. 19. Parking stalls shall be delineated with 4 to 6 inch double stripe -hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall be provide wheel stops. 20. 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. 21. Standard parking spaces shall be 17 feet deep by 9 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 than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible. 22. 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. 23. Handicapped spaces shall be appropriately marked per Section 9306.00C.10. 24. 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 minimum of two (2) feet from the face of walls, fences or building adjoining driveways. 25. The applicant/owner shall notify the Director of Planning and Building in writing 30 days in advance of any changes in the operation of business. 26. The property owner shall be required to monitor leasing of the property and parking demand to ensure that adequate parking is available on -site forall employees and customers. Failure to monitor use of the property in a way that results in off -site parking impacts may be cause to revoke this Conditional Use Permit or modify the conditions of approval including but not limited to reducing the amount of medical office space available on -site, change the use of the building to non -medical office uses or other means to reduce or eliminate off -site parking impacts. 27. A revised site plan shall be included in the plans submitted to the Building Department for plan checkwhich includes parking spaces that complywith condition number 22 above for standard parking depth and width. Modifications allowed by code will be considered. ENGINEERING DEPARTMENT: 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. TAHQUITZ CANYON WAY EAST 2. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum width of 24 feet. All turning movements shall be right in and right out only. 3. Constructa minimum 8 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 4. All broken oroff grade CURB, GUTTER, AC PAVEMENT AND SIDEWALK shall be repaired or replaced. SANITARY SEWER 5. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. GRADING 6. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineerwith the first submittal of the Grading Plan. 7. 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. 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. 8. 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. 9. 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 erosionlblowsand relating to his property and development. 10. 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. 11. Contact the Building Department to get PM10 requirements prior to request for grading permit. 12. In cooperation with the Riverside County Agricultural Commissioner and 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 thatoffice priorto the issuance of the Citygrading permit. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert. (Phone: 760-776-8208 ) DRAINAGE 13. 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 approved by the City Engineer shall be required if off -site facilities are determined to be unable to handle the increased flows generated by the development of the site. Provide calculations to determine if the developed Q exceeds the capacity of the approved drainage carriers. 14. 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 15. The minimum pavement section for all on -site parking areas shall be 2-112 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 Engineerand submitted with the Fine Grading Plan to the City Engineer for approval. 16. The on -site parking lot shall be constructed in accordancewith City of Palm Springs Zoning Ordinance, Section 9306.00 except as modified by the approved site plan. GENERAL 17. 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 Cityof Palm Springs Standard Drawing No.115. Pavementshall be restored to a smooth rideable surface. 18. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. 19. All existing utilities shall be shown on the grading plans. The existing and proposed service laterals shall be shown from the main line to the property line. The approved original grading plans shall be as -built and returned to the City of Palm Springs Engineering Department prior to issuance of the certificate of occupancy. 20. 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. 21. 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. 22. 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. 23. In accordancewith Planning Commission Resolution No.1503, dated November 18, 1970, the developer is required to plant palm trees (14feet from ground to fronds in height) 60 feet apartalong the entire frontage of Tahquitz Canyon Way IF not existing currently. TRAFFIC 24. 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 TAHQUITZ CANYON WAY EAST frontage of the subject property. 25. 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 Califomia, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1996, orsubsequent additions in force at the time of construction. 26. This property is subject to the Transportation Uniform Mitigation Fee based on the OFFICE BUILDING ITE Code A land use. POLICE DEPARTMENT: 27. Developer shall comply with Section ll of Chapter 8.04 of the Palm Springs Municipal Code. WASTE DISPOSAL SERVICES: 28. The location of the trash enclosure is acceptable subject to approved construction details approved bythe Director of Building and Safety consistentwith approved City details. FIRE DEPARTMENT: 29. Construction Requirements - Construction shall be in accordance with the 1998 California Fire Code, 1998 California Building Code plus NFPA 13 and 72. 30. Fire Sprinkler System - An automatic fire sprinkler system with 24 hour monitoring is required in accordance with NFPA Pamphlet 13. System to be installed by a state licensed C-16 Fire Sprinkler Contractor who shall submit detailed plans directly to this office as soon as possible. 31. Fire Alarms - A fire alarm system is required in accordance with NFPA 72. Fire Alarm Contractor to contact this office as soon as possible. 32. Further Comments as conditions warrant. BUILDING DEPARTMENT: 33. Prior to any construction on -site, all appropriate permits must be secured.