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HomeMy WebLinkAboutPC Resolution _5048- Case TTM 33334RESOLUTION NO. 5048 THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING APPROVAL OF A PLANNED DEVELOPMENT DISTRICT 313 (PD-313 AND A TENTATIVE TRACT MAP 33334 (TTM 33334) FOR THE PS RACQUET CLUB PROPERTIES, L.L.C. FOR A MIXED USE DEVELOPMENT OF EXISTING PALM SPRINGS RACQUET CLUB, INCLUDING A RESTAURANT (BAMBOO ROOM), EXISTING BUNGALOWS (7), SCHIFF HOUSE (1), FARRELL HOUSE, MAIN POOL, CONTEMPORARY 2 STORY BUILDING (6), LOBBY AND ADDITIONAL 57 TOWN -HOUSE FOR THE SITE LOCATED ON 10.8 ACRES AT 2743 NORTH INDIAN CANYON DRIVE, ZONE R-2, SECTION 3. WHEREAS, PS Racquet Club Properties, LLC, (the "Applicant"), has filed an application with the City pursuant to the City of Palm Springs Zoning Code, Section 94.03.00, for a Planned Development (PD 313) to construct a mixed use development located on 10.8 acres at 2743 North Indian Canyon Drive, APN # 504-040-038, 504-133-001, 504-133- 102, 504-361-002, Zone R-2, Section 3; and WHEREAS, the proposed Planned Development 313 would allow specific development standards for the project site that would allow development of a 57 town -houses and rehabilitation of the existing Palm Springs Racquet Club, including the restaurant (Bamboo Room), existing bungalows (7), Schiff House (1), Farrell House, Main Pool Contemporary 2 Story Building (6) and Lobby; and WHEREAS, the City Council of the City of Chapter 94 of the City of Palm Springs Planned Development 313; and Palm Springs has the authority pursuant to Municipal Code to approve the proposed WHEREAS, the Palm Springs Planning Commission is advisory to the City Council on the proposed Planned Development 313; and WHEREAS, the Applicant has paid the required filing fees; and WHEREAS, the proposed Planned Development 313 is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and a Draft Mitigated Negative Declaration has been prepared for this Project and provided to the Planning Commission on December 28, 2005, and was distributed on December 3, 2005 for 20- day public review and comment which ended December 23, 2005 in accordance with CEQA; and K K 0 WHEREAS, the proposed project was previously reviewed by the Design Review Committee/Architectural Advisory Committee regarding project design, architecture, site plan, and landscape design on August 28, 2005; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider recommendations on the proposed project was given in accordance with applicable law; and WHEREAS, on December 28, 2005, a public hearing of the proposed project was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the public hearing on the proposed project, including but not limited to the plans and regulations of the proposed Planned Development schematic site plan, conceptual elevations, lighting plan, staff report, all environmental data, including the Mitigated Negative Declaration, along with all written and oral testimony presented. THEREFORE THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: The Planning Commission considered the analysis and Mitigated Negative Declaration, and Draft Mitigation Monitoring and Reporting Program; will be completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines, analyzing the potential environmental impacts resulting from approval of Planned Development 313 prior to the City Council of the city of Palm Springs considering the proposed Planned Development 313. Section 2: That proposed planned development is consistent and in conformity with the general plan pursuant to Section 94.07.00 (A) (1) and 94.02.00 (A) (4) of the Palm Springs Zoning Code. The proposed planned development is consistent with the goals and objective of the R- 2, Limited Multiple -Family Residential, General Plan designation which governs the subject property as well as the properties adjacent to the northern side of the subject site. The proposed project is consistent with Policy 3.2.2 of the General Plan in that the proposed height is less than the required 24 feet, however because the separation distance cannot be met, the planned development district application becomes necessary. K The subject property is suitable for the uses permitted in the proposed planned development district, in teens of access, size of parcel, relationship to similar or related uses, and other considerations. The portion of the property proposed for the planned development standards contains existing structures with identical setback and height. The proposed development area also abuts an R-1 use; however this is a very small portion of the approximately 10 acre site will mitigate any detrimental effects that could arise from the proximity of the structures. The proposed establishment of the planned development district is necessary and proper, and is not likely to be detrimental to adjacent property or residents. The proposed planned development district is necessary to accommodate the proposed type of residential incorporating two-story structures adjacent to R-1 zone and allow for the operation of an existing restaurant which has been abandoned for almost five years. This is an effective utilization of the planned development district provision, and is not likely to be detrimental to adjacent properties of residents because the R-1 property to the north of the location is well buffered by the existing and proposed dense landscaping on the property. That 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 Zoning Code: Multi -family dwellings are permitted in the R-2 Zone in accordance with the R-2 property development standards. The intent and purpose of the zone is combine single and multiple family residences, therefore, the proposal of single, the existing hotel units (convert to multi -family) and new multi -family in keeping with the intent and purpose of the Zone R-2. The Planned Development District may include a multiplicity of housing types, provided, they density does not exceed the General Plan requirements That the use 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 the existing uses or to future uses specifically permitted in the zone in which the proposed use is located, - The proposed subdivision, the rehabilitation and conversion of existing historic structures, the new multi -family residences is compatible with the uses in the R-2 zone currently applied to the site, The surrounding neighborhood consists of both single- family and multiple -family residences in the variety of architectural styles. The proposed density conforms to the allowed by the General Plan; and all other Objectives and Policies appear to be met by the proposed project. x That the site for the intended use is adequate in size and shape to accommodate such use, including yard, setbacks, wall of fences, landscaping and other features required in order to adjust such use to those existing structures or permitted future uses of the land in the neighborhood, - The existing facility on the subject property is a permitted use within the zoning designation, and the existing structures on the property meet the applicable development standards in place at the time of construction. The proposed project will be similar in use to the previously approved land use; however, the addition of a multi- family use within the site requires a minor deviation from the City's development standards. The deviation only affects the separation distance from an existing residential use, staff believes that the proposal conforms with the existing structures setback; therefore, the project will not cause substantial injury or loss to the values of the surrounding properties. Finally, the proposed improvement Racquet Club has the potential to enhance the character and integrity of the vicinity and provide significant improvement to the existing abandoned site. That the site for the proposed use relates to the streets and highways properly designed and improved to carry the type and quantity of traffic to be expected to be generated by the proposed use, The proposed project is serviced by Indian Canyon Drive which is a Major thoroughfare that has the capacity to carry the type and quantity of traffic expected to be generated by the proposed residential and commercial uses. That the conditions be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and my include minor modification of the zone's property development standards, The location of the proposed development is approximately ten acres in size. The portion of the property that requires a deviation from the City's development standard is relatively minor in that it only affects one two-story building that is not likely to have any negative impact on the existing land uses in the area. Therefore the project is not likely to cause any harm to the property values in the immediate vicinity. Also this is an existing facility with fencing and thriving dense landscaping which would serve as a buffer between the new structures and existing single-family residential located north of the site. K 1-0 K that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation district. GENERAL CONDITIONS/CODE REQUIREMENTS 18. The Planned Development District approval shall be valid for a period of two (2) F years. Once constructed, the conditional use permit, provide all conditions of approval have been complied with, does not have a time limit. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. h 19. The appeal period for a application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 20. 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 Services for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 21. 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. 22. 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. 23. 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. 24. All materials on the flat portions of the roof shall be earth tone in color. 25. All awnings shall be maintained and periodically cleaned. 26. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 27. 29. 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. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 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. The street address numbering/lettering shall not exceed eight inches in height. 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 Director of Building and Safety. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 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. The applicant shall provide all tenants with Conditions of Approval of this project. Loading space facilities shall be provided in accordance with Section 9307.00 of the Zoning Ordinance. Said facilities shall be indicated on the site plan and approved prior to issuance of building permits. M-1 restrictions, which shall be included in Covenants, Conditions, and Restrictions (CC&R's) required for the development. On -site gated entries shall be reviewed and approved by the City Engineer and Fire Marshall. Submit detailed entry design(s) showing storage lanes and maneuvering areas. Include standard vehicle and truck turning radius track lines on the detail(s). Sufficient storage shall be required (50 feet minimum) for vehicles entering the gated areas, and turn -around maneuvering areas shall be provided for vehicles unable to enter the gated areas. Final design shall also be subject to review and approval by the Fire Marshall. NITARY SEWER All sanitary facilities shall be connected to the public sewer system. The existing sewer services to the property may be used for new sanitary facilities. New sewer laterals shall not be connected to existing sewer manholes. Construct an on -site private sewer system to collect sewage from the development and connect to the existing public sewer system. Sewer plans shall be submitted to the Engineering Division for review and approval. Private on -site sewer mains shall conform to City sewer design standards, including construction of 8 inch V.C.P. sewer main and standard sewer manholes. A profile view of the on -site private sewer mains is not necessary if sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Plans for sewers other than the private on -site sewer mains, i.e. building sewers and laterals from the buildings to the on -site private sewer mains, are subject to separate review and approval by the Building Division. The on -site sewer system shall connect to the sewer main in Indian Canyon Drive with a standard sewer lateral connection in accordance with City of Palm Springs Standard Drawing No. 405. All on -site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on -site sewer system acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. ADING Submit a Precise Grading and Paving Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. The Precise Grading and Paving Plan shall be approved by the City Engineer prior to issuance of grading permit. a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and K approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Precise Grading and Paving Plan. b. The first submittal of the Precise Grading and Paving Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Tentative Tract Map; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760- 346-7491) is required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to issuance of a grading permit. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Precise Grading and Paving Plan. K 32. 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 a grading plan and involving the export of soil 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) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 33. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on -site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property, as described in the Preliminary Hydrology Study for Tentative Tract 33334 Palm Springs Racquet Club, prepared by Robert Mainiero, dated October 12, 2005. Required on -site storm drainage improvements shall be identified in the final hydrology study and approved by the City Engineer. 34. Stormwater runoff may not be released directly to the adjacent streets without first intercepting and treating with approved Best Management Practices (BMP's). 35. The on -site storm drainage improvements shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on -site storm drainage improvements acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. 36. Construct storm drainage improvements, consisting of a system of individual drywells to intercept and collect on -site runoff for drainage of on -site streets as described in the Preliminary Hydrology Study for Tentative Tract 33334 Palm Springs Racquet Club, prepared by Robert Mainiero, dated October 12, 2005. The hydrology study for Tentative Tract Map 33334 shall be amended to include final drywell sizing calculations and other specifications for construction of required on -site storm drainage improvements. GENERAL 37. Any utility trenches or other excavations within existing asphalt concrete pavement of off -site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off -site streets as m required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off -site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off -site streets, at the discretion of the City Engineer. The pavement condition of the existing off -site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. 38. All proposed utility lines shall be installed underground. 39 40 In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on -site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. A detailed plan approved by the owner(s) of the affected utilities depicting all above ground facilities in the area of the project to be undergrounded, shall be submitted to the Engineering Division prior to approval of any grading plan. The existing overhead utilities across the north property line meet the requirement to be installed underground. The applicant is advised to investigate the nature of these utilities, the availability of undergrounding these utilities with respect to adjacent and off -site properties, and to present its case for a waiver of the Municipal Code requirement, if appropriate, to the Planning Commission and/or City Council as part of its review and approval of this project. If utility undergrounding is deferred in accordance with specific direction by the Planning Commission and/or City Council, the record property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee of $135 shall be paid by the developer prior to issuance of any grading or building permits. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD drawing file) and DXF (AutoCAD ASCII drawing exchange file). U Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 41. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as - built" information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 42. Contact Whitewater Mutual Water Company to determine impacts to any existing water lines and other facilities that may be located within the property. Make appropriate arrangements to protect in place or relocate any existing Whitewater Mutual Water Company facilities that are impacted by the development. A letter of approval for relocated or adjusted facilities from Whitewater Mutual Water Company shall be submitted to the Engineering Division prior to issuance of a grading permit. 43. 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 Zoning Code Section 93.02.00, D. 44. 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 Standard Drawing No. 904. OAP t5. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A 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 Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. t6. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Engineer for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be provided with the first submittal of the Final Map, and shall be approved by the City Engineer prior to approval of the Final Map. F. Upon approval of the Final Map, the Final Map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate 0 System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights -of -way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROMIDVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD drawing tile), DGN (Microstation drawing file), and DXF (AutoCAD ASCII drawing exchange file). Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 'FIC The following mitigation measures, as determined by the traffic impact study titled "Revised Traffic Study for the Palm Springs Racquet Club Expansion Project in the City of Palm Springs" (Tentative Tract No. 34443), prepared by Katz, Okitsu & Associates, dated November 1, 2005, apply to this development: a. Pay a fair share contribution determined as 1.19% of the cost of geometric modifications and street improvements (asphalt pavement widening, traffic striping and related improvements) as necessary to widen the west leg of the San Rafael Drive and Indian Canyon Drive intersection, in a manner that improves intersection capacity acceptable to the City Engineer. The applicant shall provide an Engineer's estimate of the improvements to the City Engineer for review and approval if it has not already been done by another developer's engineer, and shall pay the fair share contribution of 1.19% of the approved Engineer's estimate prior to approval of a final map. Install a street name sign (if identified by a name) and a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at the northerly entry and southerly entry in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. Submit traffic striping and signage plans for Indian Canyon Drive, from Racquet Club Road to Francis Drive. The plans shall be prepared by a California registered civil engineer, for review and approval by the City Engineer. All required traffic striping and signage improvements shall be completed in conjunction with required raised, landscaped median improvements on Indian Canyon Drive, to the satisfaction of the City Engineer, and prior to issuance of a certificate of occupancy. 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 D x Construction and Maintenance Work Zones" dated 1996, or subsequent additions in force at the time of construction. 53. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. 0 0