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HomeMy WebLinkAboutPC Resolution _4871- Case 5.0856RESOLUTION NO. 4871 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.0856 TO ALLOW FOR A 65-UNIT HOTEL WITH AMENITIES AND TWO DRIVE-THRU RESTAURANTS AND A 60 FOOT TALL FREEWAY SIGN, LOCATED AT 610 W. GARNET ROAD, M-1-PIHC ZONE, SECTION 15. WHEREAS, Palm Springs Freeway Development, LLC (the "Applicants") filed an application with the City pursuant to section 9402.00 of the Zoning Ordinance for a Conditional Use Permit to allow a 65-unit hotel, two freestanding drive-thru restaurants, and a 60-foot tall freeway sign for the property located at 610 W. Garnet Avenue, M-1-P and HC Zone, Section 15; 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 5.0856 was issued in accordance with applicable law; and WHEREAS, on August 13, 2003, public hearings on the application for Conditional Use Permit 5.0856 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 a Mitigated Negative Declaration was adopted for the project on August 8, 2001. 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 proposed hotel and drive-thru restaurants are uses which are conditionally permitted in the M-1-P and HC zone. 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 or future uses specifically permitted in the zone in which the proposed use is to be located. Pursuant to Section 94.02.00.6.e of the Zoning Ordinance, the Planning Commission may approve minor modifications to the property development standards, including the regulation of signs, where the Planning Commission finds that such an approval is justified by the unique site conditions and physical constraints which would reduce and obstruct the visibility of a conventional building mounted sign. The proposed project includes a 60' tall freeway sign, located at the northwest comer of the project, adjacent to 1-10. In considering the site, the alignment of 1-10, the Indian Avenue overpass, and the adjacent topographic features, the proposed location of the sign is the most logical in that it would maximize visibility of the sign to freeway traffic, and therefore be consistent with the intent and purpose of the sign ordinance. The proposed project and freeway sign are desirable in that it will improve the site and will enhance the area in which the project is proposed. The project is consistent with the objectives of the General Plan. The proposed uses and improvements are necessary or desirable for the development of the community and will provide services for travelers to and residents within the City. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, wails 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. The site is adequate in size and shape to accommodate the proposed hotel and restaurants. An Administrative minor modification for a five percent reduction in parking is proposed. The proposed development, including the reduction in parking, and uses will not conflict with existing or future uses either adjacent to the property or in the vicinity. The site for the proposed use relates to streets and highways properly designed and improved to cant' the type and quantity of traffic to be generated by the proposed use. Garnet Avenue is a two-lane frontage road along the south side of Interstate 10, and is adequate to accommodate vehicular trips generated by the project. The intersection of N. Indian Canyon Drive and Garnet Avenue, approximately 600 feet east of the project site, will operate at an acceptable LOS (LOS C) with the addition of trips generated by the project. Mitigation measures related to traffic have been included in the project's conditions of approval. 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. The proposed development and uses are located within the M-1-P (Planned Research & Development) and HC (Highway Commercial) zoning district which allows for the use of a hotel and drive thru restaurants by Conditional Use Permit. The proposal will include all improvements necessary to meet current zoning requirements. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case No. 5.0856-CUP subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the issuance of building permits unless otherwise specified. ADOPTED this 1 r day of August, 2003. AYES: NOES: ABSENT: ABSTENTIONS: Shoenberger, Marantz, Grence, Conrad, Wright, Hochanadel CITY OF PALM SPRINGS, CALIFORNIA ZQex;v� Secretary the Planning Commission EXHIBIT A gji ?RUVLO BY FiAlvi M t0-N;'d6:1at"e. CASE 5.0856-CUP ,,-ems aS,��.. "� t)eee 't `o . Ini11R* SPRINGS FREEWAY DEVELOPMENT, LLC APPROVED BY CITY COUNCIL 610 W. GARNET AVENUE PAd —w Date— Initlal--- — CONDITIONS OF APPROVAL SWOP a Ordinance #____— , pWPRUVAI. SUBJECT TO ALL REQUIRED August 13, 2003 Y ClMITIONS BY ABOVE BODIES 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: Administrative 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. la. 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 5.0856-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 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 further indemnification hereunder, 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. 2. Pursuant to Fish and Game Code Section 711.4 a fling 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 cashiers check payable to Riverside ' County. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the negative declaration will be included in the plans prior to Planning Commission consideration of the environmental assessment. This 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. The appeal period for a 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. The applicant shall provide all tenants with Conditions of Approval of this project. Site Plans: Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Planing prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. The landscape plans shall demonstrate 50% parking lot shading. Grading: 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 requirements. 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. 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. Landscape: 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. 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. Architectural: 13. 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. 14. All materials on the flat portions of the roof shall be earth tone in color. 15. 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 shall 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. 16. 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. 17. 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. 18. The street address numbering/lettering shall not exceed eight inches in height. 19. 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 Zoning prior to issuance of building permits. A photometric study and manufacturer's cut sheets of all exterior light fixtures shall be submitted with the lighting plan. 20. Parking lot light fixtures shall align with stall striping and shall be located two to two feet from curb face. The locations of all fixtures shall be indicated on the site plan. 21. Plans meeting City standards for approval on the proposed trash and recyclable materials enclosure shall be submitted prior to issuance of a building permit. 22. Details of pool fencing (materials and color) and equipment area shall be submitted with final landscape plan. 23. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 24. 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 of the property. Said transformer(s) must be adequately and decoratively screened. Parking: 25. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. 26. Parking lot shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. Details are to be provided with final landscape plans. 27. 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. 28. 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. 29. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diametertwidth. 30. 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. 31. Final landscape plans shall include 4'-U' walls, berms and/or screening of parking lot and drive through stacking areas. Fees: 32. The project site is located with the Fringe Toed Lizard Habitat Conservation Area. The developer shall pay a mitigation fee of $600 per acre, prior to issuance of building permits. Mitigation Measures: 33. One (1) street light shall be installed at the project driveway on Garnet Avenue 34. The existing traffic striping (double yellow centerline) shall be extended along the project frontage. 35. Sidewalks shall be installed along the project frontage. 36. The curb shall be painted red along the project frontage. 37. Existing traffic signals at Indian Canyon Drive and Garnet Avenue and at Indian Canyon Drive and Eastbound 1-10 ramps shall be re -timed as deemed necessary by the City Engineer. ENGINEERING DEPARTMENT: 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. 2. Developer shall obtain State permits and approval of plans for all work done on Interstate Highway 10. A copy of Caltrans requirements shall be submitted to the City Engineer prior to the issuance of any grading or building permits. Work shall be coordinated with the Engineering Department pertaining to City of Palm Springs Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares GARNET AVENUE 3. Dedicate an additional right-of-way of 1.5 feet to provide the ultimate half street width of 44 feet along the entire frontage of the subject property in accordance with City of Palm Springs Standard Drawing No. 105. 4. The existing curb and gutter shall remain in place except for curb cuts necessary for driveway approaches. 5. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 204 and have minimum width of 24 feet. �. Construct a minimum 8 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 7. All broken or off grade CURB AND GUTTER shall be repaired or replaced. INTERSTATE 10 8. Caltrans is redesigning the interchange at 1-10 and Indian Canyon Drive North. The developer shall incorporate all Caltrans requirements into the site plan as they pertain to the structures and on -site improvements. SANITARY SEWER 9 Construct private sanitary sewer system in accordance with City of Palm Springs Ordinance No. 1084. Construct a 12 inch dia. VCP dry sewer main on Garnet Road across the project frontage per Mission Springs Water District rules and regulations. A reimbursement agreement can be provided to the developer through Mission Springs Water District. Construct 6 inch dia. VCP dry sewer lateral(s) from the sewer main to the approximate location(s) of the plumbing outlet(s) of said property. Cap all laterals for future connection to the Mission Springs Water District sewer system. 10. Developer shall complete and install all necessary sewer connections to the Mission Springs Water District's sewer system within six (6) months after notice of sewer availability. GRADING 11. 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. Submit a Grading Plan prepared by a Registered Professional to the Engineering Department for plan check. Grading plan shall be submitted to the Engineering Department. The PM 10 (dust control) Plan shall be submitted to and approved by the Building Division prior to approval of the grading plan. 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 Solis Report, IF required by these conditions. Drainage swales shall be provided adjacent to all curbs and sidewalks - T wide and 6" deep - to keep nuisance water from entering the public streets, roadways, or gutters. 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. 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. Contact the Building Department to get information regarding the preparation of the PM10 (dust control) Plan requirements. 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 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) AINAGE 18. 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. ON -SITE 20. 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 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. 21. The on -site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00. 22. 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. 23. All existing and proposed utility lines that are less than 35 kV on/or adjacent to this project shall be undergrounded. The location and size of the existing overhead facilities shall be provided to the Engineering Department along with written confirmation from the involved utility company(s) that the required deposit to underground the facility(s) has been paid, prior to issuance of a grading permit. All undergrounding of utilities shall be completed prior to issuance of a Certificate of Occupancy. 24. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. 25. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 26. Please see Mission Springs Water District letter dated January 30, 2001 (attached) for detailed requirements for water service. 27. 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. 28. 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. A copy of a Title Report prepared/updated within the past 3 months record documents shall be submitted to the City Engineer with the first submittal of the Lot Line Adjustment. The existing lots or parcels shall be combined OR re -divided to show lease/property lines consistent with the proposed development. The developer shall submit a lot line adjustment 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. TRAFFIC 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 GARNET AVENUE frontage of the subject property. • Separate striping plans are to be prepared and submitted along with street improvement plans for review and approval by the City Engineer. • The street frontage curb shall be painted red. No parking is allowed on Garnet Avenue along the property frontage. • The developer shall install a 9000 lumen high pressure sodium vapor safety street light with glare shield on a marbelite pole on the NORTHWEST corner of MAIN ENTRY and GARNET AVENUE with the mast arm over GARNET AVENUE. The pole and luminaire shall be furnished by the developer. • Developer shall provide existing and proposed signal timing plans for Indian Canyon Drive North at Garnet Avenue and for Indian Canyon Drive North between Garnet Avenue and the southerly and northerly 1-10 exist ramps. 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 1996, or subsequent additions in force at the time of construction. This property is subject to the Transportation Uniform Mitigation Fee based on the LODGING AND FAST FOOD RESTAURANT ITE Codes C AND A land use. FIRE DEPARTMENT: All construction shall be in accordance with the 1998 California Fire Code, 1998 California Building Code, 1996 National Electrical Code, 1998 NFPA Codes and E 3. 4. 5. 7. 91 N 10. 11. 12 Standards, Desert Water Agency standards and requirements, and UL and CSFM listings and approvals. Fire department access roads shall be provided in accordance with the 1998 California Fire Code, Article 9. Fire apparatus access road design shall be designed and constructed as all weather capable and able to support a fire truck weighing 67,000 lbs. Turning radius shall be at least 43' from centerline. Height clearance shall be at least 13'-6" per the 1998 California Fire Code and local requirements. The construction site shall be fenced and fire apparatus access gates shall be at least 14' in width and equipped with a frangeble lock and chain. Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is completed. A construction site guard is required for all combustible construction over 5,000 square feet. Fire mains, fire hydrants, and standpipes are required. Installation shall be in accordance with the 1998 California Fire Code, Desert Water Agency requirements, 1998 California Building Code, and NFPA 14 and 26. An automatic fire sprinkler system with 24 hour monitoring is required in all buildings. All buildings shall be equipped with a central station monitored fire alarm system in accordance with NFPA 13 and 72. Multiple portable fire extinguishers required in accordance with the 1998 California Fire Code and standard 10. Ventilating hood and duct systems with built-in fire protection shall be provided for all commercial kitchens in accordance with the 1998 California Fire Code, 1998 Building Code and NFPA 17A, 96 and UL-300. Only "K" rated portable fire extinguishers will be accepted on cooking lines. Detailed building plans shall be submitted to the Fire Department for review and approval. MISSION SPRINGS WATER DISTRICT: 1 2. Abide by all Mission Springs Water District sub division and commercial development procedures. Make application for water service with payment of all fee, charges and deposits. 3. All service connections will be made to the existing eight -inch (8") ACP waterline located on the north side of Garnet Avenue +1- 28.5 feet from the centerline of the existing pavement. Presently the District has an inter -tie waterline project underway positioned to the east of Indian Avenue to loop from the north side of Interstate 10 Freeway to the south side on Garnet Avenue. The project will provide a much more reliable water service with greater fire flow protection. 4. Submit hydraulic calculations indicating the availability of the required fire flow as determined by the appropriate authority. 5. Comply with all other rules, laws, ordinance and regulations of the Mission Springs Water District at the time of service operation.