HomeMy WebLinkAboutPC Resolution _6088- Case 5.1127- PD 332 GPARESOLUTION NO.6088
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL APPROVE
CASE NUMBER 5.1127 — PD-332 for a change of zone from
R-G-A-6 and R-2 to PLANNED DEVELOPMENT DISTRICT
AND General Plan Amendment to re -designate the site from
M15 (Medium Density Residential) to GC (General
Commercial), APN 504-121-005; 504-121-006 & 504-121-
010, SECTION 3.
WHEREAS, Khalil Ailabouni (the "Applicant") has filed an application with the City
pursuant to Section 94.03.00 (E) of the Palm Springs Zoning Code, Case No. 5.1127-
PD - 332 for a change of zone from R-G-A-6 and R-2 to Planned Development District;
and
WHEREAS, Khalil Ailabouni (the "Applicant") has file an application for a General Plan
Amendment to re -designate the site from M15 (Medium Density Residential) to GC
(General Commercial).
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider Case Number 5.1127 — PD -- 332 for a change of zone from R-G-A-
6 and R-2 to Planned Development District, and General Plan Amendment to re-
designate the subject site from M15 (Medium Density Residential) to GC (General
Commercial), was given in accordance with applicable law; and
WHEREAS, on April 11, 2007 a public hearing on the application for project was held by
the Planning Commission in accordance with applicable law; and
WHEREAS, the proposed project is considered a "project" pursuant to the terms of the
California Environmental Quality Act ("CEQA"), and a Negative Declaration has been
prepared for this project and has been distributed for public review and comment in
accordance with CEQA; and
WHEREAS, the Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with the meeting on the project, including but not
limited to the staff report, and all written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to the California Environmental Quality Act (CEQA Guidelines),
the Planning Commission finds that the current environmental assessment
for Case No. 5.1127 — PDD-332 and General Plan Amendment
0 adequately addresses the general environmental setting of the proposed
project. The Planning commission further finds that there are no
reasonably foreseeable potentially significant environmental impacts
resulting from this project and therefore recommends adoption of the
Negative Declaration for the project.
Section 2: Pursuant to Section 94.03.00 (E) of the Zoning Code, a Planned
Development District (PDD) may be approved a change of zone as
specked in Section 94.07.00. The PDD is needed to allow the retail
commercial and office uses, the development concept and standards for
the proposed project. The proposed PD-332 uses, development concepts
and standards are similar to those of the C-1(Retall business) zone. The
C-1 zone provides an opportunity for service commercial and tourist uses
to be oriented directly to the residential neighborhood they serve by
means of a planned commercial complex.
Pursuant to Section 94.03.00 (E) of the Palm Springs Zoning Code, the
Planning Commission makes the following findings:
a. The proposed planned development is consistent and in conformity
with the general plan pursuant to Sections 94.07.00 (A)(1) and
94.02.00 (A)(4) of the Palm Springs Zoning Code.
The proposed request is consistent with the General Plan, specifically
Objectives 3.10 and 3.13 as they relate to intermixing commercial,
office and residential uses.
b. The subject property is suitable for the uses permitted in the proposed
planned development district, in terms of access, size of parcel,
relationship to similar or related uses, and other relevant
considerations.
The project site is suitable for the development of a mixed use
development It is relatively flat and located at the intersection of a
secondary road and a major thoroughfare.
c. 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 establishment of the proposed planned development district is
necessary to provide commercial and office uses, design concepts and
development standards. This project is a continuation of the existing
commercial uses to the north and is to serve the everyday needs of the
adjacent residential area.
d. That the site for 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;
The subject site is located on North Indian Canyon Drive (Major
Thoroughfare) between West San Rafael Road and Santa Catalina
Road. The existing road net work is designed for commercial
development.
Section 3:. The applicant is requesting a General Plan Amendment from M15
(Medium Density Residential) to GC (General Commercial). The objective
of the GC (General Commercial) land use is for the development of
service commercial uses, related to the City's primary retail commercial
and tourist related uses and to service the needs of the residents. This
General Plan designation is needed in order to approve the PDD for retail
sales and general office use.
Objective 3.10 of the General plan states "the continuation of existing and
development of new commercial uses which serve the everyday needs of
the City's residents and visitors and provide employment for the city's
residents and the greater region".
The project proposes retail commercial at the ground level and offices on
the second floor that will serve the residents of the area as well as visitors.
This proposal is a continuation of commercial uses which serves the
everyday needs of the City's residents and visitors and will provide
employment for the City's residents.
Objective 3.13 of the General Plan states "The development of sites which
intermix commercial uses with housing, office, resort or recreational uses"
The subject request is proposing retail commercial and office uses to
serve the adjacent residential area.
0
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission recommends that the City Council approve Case Number 5.1127, PD-332
for a change of zone from R-G-A-6 and R-2 to and General Plan Amendment to re-
designate the subject property from M15(Medium Density Residential) to
GC(Commercial).
ADOPTED this 11 th day of April, 2007.
AYES: 7 1 Hochanadel/Cohen/Marantz/Ringlein/Hutcheson/Caffery/Scott
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
CrfrgLE*ing, AI
Director of Plannin S rvices
CITY OF PALM SPRINGS, CALIFORNIA
U
EXHIBIT A
Case No. 5.1127 — PD-332 and General Plan Amendment
3201 North Indian Canyon Drive
CONDITIONS OF APPROVAL
April 11, 2007
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 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.
PROJECT SPECIFIC CONDITIONS
ADMINISTRATION:
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.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 5.1127 — PD - 332
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
2. Following an adverse judgment or failure to appeal, shall not cause a waiver of the
indemnification rights herein.
3. That the property owner(s) and successors and assignees in interest shall
maintain and repair the improvements including and without limitation sidewalks,
Conditions of Approval
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Case No, 5.1127- PD-332; GPA
April 11, 2007
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.
4. Pursuant to Fish and Game Code Section 711.4 a filing fee of $64.00 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.
5. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
regarding public 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 1/4% 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 Zoning 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.
CULTURAL RESOURCES
6. Prior to any ground disturbing activity, including clearing and grubbing, installation
of utilities, and/or any construction related excavation, an Archaeologist qualified
according to the Secretary of the Interior's Standards and Guidelines, shall be
employed to survey the area for the presence of cultural resources identifiable on
the ground surface.
7. Given that portions of the project area are within an alluvial formation, the
possibility of buried resources is increased. A Native American Monitor shall be
present during all ground -disturbing activities.
a). Experience has shown that there is always a possibility of buried cultural
resources in a project area. Given that, a Native American Monitor(s) shall
be present during all ground disturbing activities including clearing and
grubbing, excavation, burial of utilities, planting of rooted plants, etc.
Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for
additional information on the use and availability of Cultural Resource
Monitors. Should buried cultural deposits be encountered, the Monitor shall
Conditions of Approval
Page 3
Case No. 5.1127- PO-332; GPA
April 11, 2007
contact the Director of Planning and Zoning and after the consultation the
Director shall have the authority to halt destructive construction and shall
notify a Qualified Archaeologist to investigate and, if necessary, the
Qualified Archaeologist shall prepare a treatment plan for submission to the
State Historic Preservation Officer and Agua Caliente Cultural Resource
Coordinator for approval.
b). Two copies of any cultural resource documentation generated in connection
with this project, including reports of investigations, record search results
and site records/updates shall be forwarded to the Tribal Planning, Building,
and Engineering Department and one copy to the City Planning and Zoning
Department prior to final inspection.
FINAL DESIGN
8. With Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be
submitted for review and approval by the Director of Planning & Zoning prior to the
issuance of building permits. Manufacturer's cut sheets of all exterior lighting on
the building and in the Final landscaping, irrigation, exterior lighting, and fencing
plans shall be submitted for approval by the Department of Planning and Zoning
prior to issuance of a building permit. Landscape plans shall be approved by the
Riverside County Agricultural Commissioner's Office prior to submittal.
9. An exterior lighting plan in accordance landscaping 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. No lighting of the hillside is permitted.
GENERAL CONDITIONS 1 CODE REQUIREMENTS
10.Architectural 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.
11. The appeal period for a Major Architectural application is 15 calendar days from
the date of project approval. Permits will not be issued until the appeal period has
concluded.
12. 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 final occupancy permits.
13. All materials on the flat portions of the roof shall be earth tone in color.
14. 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
Conditions of Approval
Page 4
Case No. 5.1127- PD-332; GPA
April 11, 2007
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.
15. 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.
16. 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.
17.The street address numbering/lettering shall not exceed eight inches in height.
18. Submit plans meeting City standard for approval on the proposed trash and
recyclable materials enclosure prior to issuance of a building permit.
19. No sirens, outside paging or any type of signalization will be permitted, except
approved alarm systems.
20. No outside storage of any kind shall be permitted except as approved as a part of
the proposed plan.
21. 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.
22. 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.
23. The applicant shall provide all tenants with Conditions of Approval of this project.
24. 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 than one (1), shall be served by an 8
foot walkway on the right side and shall be designated as "van accessible".
25. 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
M
Conditions of Approval
Page 5
Case No. 5.1127- PD-332; GPA
April 11, 2007
difficulties with the handicapped accessibility to the building due to the future
grading plans for the property.
26. Compact and handicapped spaces shall be appropriately marked per Section
93.06.00. C.10.
27. 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.
28. Parking lot light fixtures shall align with stall striping and shall be located two to
three feet from curb face.
29. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be
provided every 10 parking spaces. Additional islands may be necessary to comply
with shading requirements.
30. Shading requirements for parking lot areas as set forth in Section 9306.00 of the
Zoning Ordinance shall be met. Details to be provided with final landscape plan.
31.Tree wells shall be provided within the parking lot and shall have a planting area
of six feet in diameter/width.
ENGINEERING:
The Engineering Division 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
1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
2. Submit street improvement plans prepared by a registered California civil engineer
to the Engineering Division. The plans shall be approved by the City Engineer prior
to issuance of any building permits.
3. The applicant shall be required to construct asphalt concrete paving in two
0 separate lifts. The final lift of asphalt concrete pavement shall be postponed until
such time that on -site construction activities are complete, as may be determined
by the City Engineer. Paving of the parking lot in one lift prior to completion of on-
Conditions of Approval
Page 6
Case No. 5,1127- PD-332; GPA
April 11, 2007
site construction will not be allowed, unless prior authorization has been obtained
from the City Engineer. Completion of asphalt concrete paving of the parking lot
prior to completion of on -site construction activities, if authorized by the City
Engineer, will require additional paving requirements prior to acceptance of the
paving improvements, including, but not limited to: removal and replacement of
damaged asphalt concrete pavement, overlay, slurry seal, or other repairs, as
required by the City Engineer.
INDIAN CANYON DRIVE
4. Dedicate additional right-of-way to provide the ultimate half street right-of-way
width of 50 feet along the entire frontage, together with a property line - corner cut-
back at the northwest corner of the intersection of Indian Canyon Drive and Santa
Catalina Road in accordance with City of Palm Springs Standard Drawing No. 105.
5. Dedicate an easement for sidewalk purposes for those portions of meandering
sidewalk that leave the public right-of-way.
6. Remove the existing street improvements and construct an 8 inch curb and gutter,
38 feet west of centerline along the entire frontage, with a 35 feet radius curb
return and spandrel at the northwest comer of the intersection of Indian Canyon
Drive and Santa Catalina Road in accordance with City of Palm Springs Standard
Drawing No. 200 and 206. 0
7. Remove the existing street improvements and construct the north half of an 8 feet
wide cross gutter at the northwest comer of the intersection of Indian Canyon Drive
and Santa Catalina Road with a flow line parallel with and located 38 feet west of
the centerline of Indian Canyon Drive in accordance with City of Palm Springs
Standard Drawing No. 200 and 206.
8. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210.
9. Construct a Type A curb ramp meeting current California State Accessibility
standards at the northwest comer of the intersection of Indian Canyon Drive and
Santa Catalina Road in accordance with City of Palm Springs Standard Drawing
No. 212.
10. Construct a 14-feet wide landscaped median island along the entire frontage.
Provide a 100 feet long northbound left turn pocket at San Rafael Drive with a 90
feet long bay taper. The left turn pocket shall be designed in accordance with
Section 405 of the current edition of the Caltrans Highway Design Manual, as
approved by the City Engineer.
11. Submit median island landscaping and irrigation system improvement plans for
review and approval by the City Engineer and Director of Planning Services. The
Conditions of Approval
Page 7
Case No. 5.1127- PD-332; GPA
April 11, 2007
irrigation system shall be separately metered from the parkway landscaping
irrigation, for future use by the City upon acceptance of the landscaping by the
City. The plans shall be approved in conjunction with the street improvement
plans for the median and prior to issuance of a building permit.
12. Construct pavement with a minimum pavement section of 5 inches asphalt
concrete pavement over 4 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, from edge of
proposed gutter to clean sawcut edge of pavement along the entire Indian Canyon
Drive frontage in accordance with City of Palm Springs Standard Drawing No. 110
and 340. Additional pavement removal and replacement may be required upon
review of existing pavement cross -sections, and to ensure grade breaks of the
pavement cross-section do not occur within a travel lane. If an alternative
pavement section is proposed, the proposed pavement section shall be designed
by a California registered Geotechnical Engineer using "R" values from the project
site and submitted to the City Engineer for approval.
SAN RAFAEL DRIVE
13. Construct a 6 inch curb and gutter, 32 feet south of centerline along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 200.
14. Construct a 24 feet wide driveway approach in accordance with City of Palm
Springs Standard Drawing No. 201. The centerline of the driveway approach shall
be located 35 feet east of the west property line.
15. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210.
16. Construct pavement with a minimum pavement section of 3 inches asphalt
concrete pavement over 6 inches crushed miscellaneous 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 330. Additional pavement removal
and replacement may be required upon review of existing pavement condition and
cross -sections, and to ensure grade breaks of the pavement cross-section do not
occur within a travel lane. If an altemative pavement section is proposed, the
proposed pavement section shall be designed by a California registered
Geotechnical Engineer using "R" values from the project site and submitted to the
City Engineer for approval.
SANTA CATALINA ROAD
17. Remove existing street improvements and construct a 6 inch curb and gutter, 18
feet north of centerline -along the entire frontage in accordance with City of Palm
Springs Standard Drawing No. 200.
Conditions of Approval
Page 8
Case No. 5.1127- PD-332; GPA
April 11, 2007
18. Construct a 24 feet wide driveway approach in accordance with City of Palm
Springs Standard Drawing No. 201. The centerline of the driveway approach shall
be located 35 feet east of the west property line.
19. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210.
20. Construct pavement with a minimum pavement section of 2V2 inches asphalt
concrete pavement over 4 inches crushed miscellaneous 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. Additional pavement removal and
replacement may be required upon review of existing pavement condition and
cross -sections. If an alternative pavement section is proposed, the proposed
pavement section shall be designed by a California registered Geotechnical
Engineer using "R" values from the project site and submitted to the City Engineer
for approval.
ON -SITE
21. The minimum pavement section for all on -site pavement shall be 2'/2 inches asphalt concrete
pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches atj
951'1, relative compaction, or equal. If an alternative pavement section is proposed, the proposed �J
pavement sectinn shalt be designed by a California registered Geotechnical Engineer using "R"
values from the project site and submitted to the City Engineer for approval.
SANITARY SEWER
22. All sanitary facilities :;hall be connected to the public sewer system. The existing sewer services
to the property may be used for new sanitary facilities. New laterals shall not be connected at
manholes.
23. 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
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
Conditions of Approval Case No. 5.1127- PD-332; GPA
Page 9 April 11, 2007
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 Site Plan; a copy
of current Title Report; a copy of Soils Report; and a copy of the associated
Hydrology Study/Report.
24. 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 approval of the
Precise Grading and Paving Plan.
25. Prior to approval of a Grading Plan, the applicant shall obtain written approval to
proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal
Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact
the Tribal Historic Preservation Officer, Richard Begay (760-883-1940), or the
Tribal Archaeologist, Patty Tuck (760-883-1926), to determine their requirements,
if any, associated with grading or other construction. The applicant is advised to
contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as
possible. If required, it is the responsibility of the applicant to coordinate scheduling
of Tribal monitors during grading or other construction, and to arrange payment of
any required fees associated with Tribal monitoring.
26. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
27. 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
0 permit shall be provided to the City Engineer prior to issuance of a grading permit.
Conditions of Approval
Page 10
11, 2007
Case No. 5.1127- PD-332; GPA
April
28. 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.
29. A Geotechnical/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 GeotechnicallSoils Report shall
be submitted to the Engineering Division with the first submittal of a grading plan.
30. 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 Califomia Department of Food and Agriculture office is located at
73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208).
DRAINAGE
31. 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. Provide a hydrology study to
determine the volume of increased stormwater runoff due to development of the
site, and to determine required stormwater runoff mitigation measures for the
proposed development. Final retention system sizing and other stormwater runoff
mitigation measures shall be determined upon review and approval of the
hydrology study by the City Engineer and may require redesign or changes to site
configuration or layout consistent with the findings of the final hydrology study. No
more than 40-50% of the street frontage parkway/setback areas should be
designed as retention basins. On -site open space, in conjunction with dry wells
and other subsurface solutions should be considered as alternatives to using
landscaped parkways for on -site retention.
32. Direct release of on -site nuisance water shall not be permitted to Indian Canyon
Drive, San Rafael Drive, or Santa Catalina Road. Provisions for the interception of
nuisance water from entering adjacent public streets from the project site shall be
provided through the use of a minor storm drain system that collects and conveys
nuisance water to landscape or parkway areas, and in only a stormwater runoff
condition, pass runoff directly to the streets through parkway or under sidewalk
drains.
K
Conditions of Approval
Page 11
11, 2007
Case No. 5.1127- PD-332; GPA
April
33. The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is $6,511.00 per acre per Resolution No.
15189. Fees shall be paid prior to issuance of a building permit.
34. This project may be required to install measures in accordance with applicable
National Pollution Discharge Elimination System (NPDES) Best Management
Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater
River Region from the Colorado River Basin Regional Water Quality Control Board
(RWQCB). The applicant is advised that installation of BMP's, including
mechanical or other means for pre -treating stormwater runoff, may be required by
regulations imposed by the RWQCB. It shall be the applicant's responsibility to
design and install appropriate BMP's, in accordance with the NPDES Permit, that
effectively intercept and pre -treat stormwater runoff from the project site, prior to
release to the City's municipal separate storm sewer system ("MS4"), to the
satisfaction of the City Engineer and the RWQCB. If required, such measures
shall be designed and installed on -site; and provisions for perpetual maintenance
of the measures shall be provided to the satisfaction of the City Engineer, including
provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the
development.
GENERAL
35. 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
applicant shall be responsible for removing, grinding, paving and/or overlaying
existing asphalt concrete pavement of off -site streets as 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.
36. On phases or elements of construction following initial site grading (e.g., sewer,
storm drain, or other utility work requiring trenching) associated with this project,
the applicant shall be responsible for coordinating the scheduled construction with
the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or
Tribal Arachaeologist. Unless the project site has previously been waived from any
requirements for Tribal monitoring, it is the applicant's responsibility to notify the
Conditions of Approval
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Tribal Historic Preservation Officer, Richard Begay (760-883-1940), or the Tribal
Archaeologist, Patty Tuck (760-883-1926) for any subsequent phases or elements
of construction that might require Tribal monitoring. If required, it is the
responsibility of the applicant to coordinate scheduling of Tribal monitors during
construction, and to arrange payment of any required fees associated with Tribal
monitoring. Tribal monitoring requirements may extend to off -site construction
performed by utility companies on behalf of the applicant (e.g. utility line
extensions in off -site streets), which shall be the responsibility of the applicant to
coordinate and arrange payment of any required fees for the utility companies.
37. All proposed utility lines shall be installed underground.
38. 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. The existing overhead utilities across the
north property line and within the site meet the requirement to be installed
underground. Overhead utility lines shall be installed underground to the nearest
off -site power pole. A letter from the owners of the affected utilities shall be
submitted to the Engineering Division prior to approval of a grading plan, informing
the City that they have been notified of the City's utility undergrounding
requirement and their intent to commence design of utility undergrounding plans.
When available, the utility undergrounding plan shall be submitted to the
Engineering Division identifying all above ground facilities in the area of the project
to be undergrounded. Undergrounding of existing overhead utility lines shall be
completed prior to issuance of a certificate of occupancy.
39. All existing utilities shall be shown on the improvement plans required for the
project. The existing and proposed service laterals shall be shown from the main
line to the property line.
40. 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
2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe
Acrobat 6.0 or greater) formats. 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
�J
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certificate of occupancy. Any modifications or changes to approved improvement
plans shall be submitted to the City Engineer for approval prior to construction.
42. Nothing shall be constructed or planted in the comer cut-off area of any
intersection or 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.
43. 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.
MAP
44. The existing parcels identified as Lots 10, 11 and 12 of the Vista Del Monte map,
Map Book 18, Page 77, shall be merged. An application for a parcel merger shall
be submitted to the Engineering Division for review and approval. A copy of a
current title report and copies of record documents shall be submitted with the
application for the parcel merger. The application shall be submitted to and
approved by the City Engineer prior to issuance of a building permit.
TRAFFIC
45. Install stop bar, and "STOP" legend for traffic exiting the development at the
proposed driveway approach on San Rafael Drive, in accordance with City of Palm
Springs Standard Drawing Nos. 620-625.
46. Submit traffic striping plans for Indian Canyon Drive and San Rafael Drive
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 street improvements, to the satisfaction of
the City Engineer, and prior to issuance of a certificate of occupancy.
47. A minimum of 48 inches of clearance for handicap accessibility shall be provided
on public sidewalks or pedestrian paths of travel within the development. Minimum
clearance on public sidewalks shall be provided by either an additional dedication
of a sidewalk easement (if necessary) and widening of the sidewalk, or by the
relocation of any obstructions within the public sidewalk along the Indian Canyon
Drive,, San Rafael Drive, and Santa Catalina Road frontages of the subject
property.
48. All damaged, destroyed, or modified pavement legends, traffic control devices,
signing, striping, and street lights, associated with the proposed development shall
be replaced as required by the City Engineer prior to issuance of a Certificate of
Occupancy.
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49. 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.
50. This property is subject to the Transportation Uniform Mitigation Fee which shall be
paid prior to issuance of building permit.
FIRE DEPARTMENT:
Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan and an electronic
CAD version shall be provided to the fire department. This shall clearly show all
access points, fire hydrants, knox box locations, fire department connections, unit
identifiers, main electrical panel locations, sprinkler riser and fire alarm locations.
Large projects may require more than one page.
2. Premises Identification: Approved numbers or addresses shall be provided for all
new and existing buildings in such a position as to be plainly visible and legible
from the street or road fronting the property. (901.4.4 CFC) Show location of
address on plan elevation view. Show requirement and dimensions of numbers in
plan notes. Numbers shall be a minimum 4 inches, and of contrasting color to the
background.
3. Fire Sprinklers Required: An automatic fire sprinkler system is required by local
ordinance. Only a C-16 licensed fire sprinkler contractor shall perform system
design and installation. System to be designed and installed in accordance with
NFPA standard 13D, 1999 edition, as modified by local ordinance. The contractor
should submit fire sprinkler plans as soon as possible. No portion of the fire
sprinkler system, including water meters and underground water supply, may be
installed prior to plan approval.
4. High Plied Storage: If materials to be stored are anticipated to exceed 12 feet in
height, additional requirements will be required. Contact the fire department plans
examiner for more detailed requirements.
5. Valve and water -flow monitoring: All valves controlling the fire sprinkler system
water supply, and all water -flow switches, shall be electrically monitored where the
number of sprinklers is one hundred or more. (Twenty or more in Group I,
Divisions 1.1 and 1.2 occupancies.) (904.3.1 CBC) All control valves must be
locked in the open position.
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Conditions of Approval
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6. Fire Alarm System: Fire Alarm System is required and installation shall comply
with the requirements of NFPA 72.
7. Audible Water Flow Alarms: An approved audible sprinkler flow alarm
(Wheelock hom/strobe # MT4-115-WH-VFR with WBB back box or equal) shall be
provided on the exterior of the building in an approved location. An approved
audible sprinkler flow alarm (Wheelock horn/strobe # MT4-115-WH-VFR with WBB
back box or equal) to alert the occupants shall be provided in the interior of the
building in a normally occupied location. (904.3.2 CBC)
8. Required Signs: All fire sprinkler valves shall have a permanently affixed sign
indicating the valve function and area served. The address of the building served
shall be clearly indicated on the Fire Department Connection (FDC).
9. Emergency Key Box: Knox key box(es) are required. Box(es) shall be
mounted at 6 feet above grade. Show location of box(es) on plan elevation views.
Show requirement in plan notes. Contact the Fire Department at 760-323-8186 for
a Knox application form. (902.4 CFC)
10. Emergency Key Box: A Knox key box is required for access to the fire sprinkler
riser. Box shall be mounted at 6 feet above grade, adjacent to the main entrance.
Contact the Fire Department at 760-323-8186 for a Knox application form. (902.4
CFC)
11. Key Box Contents: The Knox key box shall contain keys to all areas of
ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical
rooms, elevator rooms, elevator controls, plus a card containing the emergency
contact people and phone numbers for the buildinglcomplex.
12. Road/Parking Lot Design: Fire apparatus access roads shall be designed and
constructed as all weather capable and able to support a fire truck weighing
73,000 pounds GVW. (902.2.2.2 CFC)
13. Access: Fire department access roads shall be provided so that no portion of the
exterior wall of the first floor of any building will be more than 150 feet from such
roads. CFC 902.2.1
14.Vertical Fire Apparatus Clearances: Palm Springs fire apparatus require an
unobstructed vertical clearance of not less than 13 feet 6 inches. (902.2.2.1 CFC)
15.Minimum Access Road Dimensions: Private streets shall have a minimum width
of at least 20 feet, pursuant to California Fire Code 902.1 however, a greater width
for private streets may be required by the City engineer to address traffic
Conditions of Approval
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April
engineering, parking, and other issues. The Palm Springs Fire Department
requirements for two-way private streets, is a minimum width of 24 feet, unless
otherwise allowed by the City engineer. No parking shall be allowed in either side
of the roadway.
16. Fire Hydrant & FDC Location: A public commercial fire hydrant is required within
30 feet of the Fire Department Connection (FDC). Fire Hose must be protected
from vehicular traffic and shall not cross roadways, streets, railroad tracks or
driveways or areas subject to flooding or hazardous material or liquid releases.
17. Fire Department Connections: Fire Department connections shall be visible and
accessible, have two 2.5 inch NST female inlets, and have an approved check
valve located as close to the FDC as possible. All FDC's shall have KNOX locking
protective caps. Contact the fire prevention secretary at 760-323-8186 for a
KNOX application form.
18. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire
extinguisher for every 75 feet of floor or grade travel distance for normal hazards.
Show proposed extinguisher locations on the plans. (1002.1 CFC) Extinguishers
shall be mounted in a visible, accessible location no more than 5 feet above floor
level. Preferred location is in the path of exit travel near an exit door.
19. Fire Hydrant Flow: The required fire hydrant flow for this project is 1,500 GPM.
20. Water Supply: The water supply and locationls of fire hydrants must be approved
prior to any work being performed on the job site. (903.1 CFC)
Operational Fire Hydrant(s): Operational fire hydrant(s) shall be installed
within 250 feet of all combustible construction. No landscape planting,walls,
or fencing is permitted within 3 feet of fire hydrants, except groundcover
plantings. (1001.7.2 CFC?
Water Systems and Hydrants: Underground water mains and fire
hydrants shall be installed, completed, tested and in service prior to
the time when combustible materials are delivered to the
construction site. (903 CFC). Installation, testing, and inspection will
meet the requirements of NFPA 241995 edition. Prior to final
approval of the installation, contractor shall submit a completed
Contractor's Material and Test Certificate to the Fire Department. (9-
2.1 NFPA 241995 edition)
21. Construction Requirements:
• Access During Construction: Access for firefighting equipment
shall be provided to the immediate job site at the start of construction
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Conditions of Approval Case No. 5.1127- PD-332; GPA
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and maintained until all construction is complete. Fire apparatus
access roads shall have an unobstructed width of not less than 20
feet and an unobstructed vertical clearance of not less than 13'6".
Fire Department access roads shall have an all weather driving
surface and support a minimum weight of 73,000 lbs. (Sec. 902
CFC)
22. Fencing Required: Construction site fencing with 20 foot wide access gates is
required for all combustible construction over 5,000 square feet. Fencing shall
remain intact until buildings are stuccoed or covered and secured with lockable
doors and windows. (8.04.260 PSMC)
23. Gates:
• Fire Apparatus Access Gates: Entrance gates shall have a clear width of at
least 15 feet and be equipped with a frangible chain and padlock. (8.04.260
PSMC)
• Access Gate Obstructions: Entrances to roads, trails or other access ways,
which have been closed with gates and barriers, shall be maintained clear at all
times. (902.2.4.1 CFC).
ADA:
SITE PLAN ITEMS:
1. The site plan indicated an 8 foot wide sidewalk around the perimeter of the
development which complies with disabled access requirements in terms of
minimum width. It must also comply with CBC 113313.7 which requires a
continuous common surface that is not interrupted by abrupt changes. If there is a
change in level, it must be beveled at a 1:2 ratio and be between % and Y2 half
inch. The slope in the direction of travel shall not exceed 5.0 % gradient. The cross
slope shall not exceed 2.0% gradient.
The four disabled parking spaces indicated on the plan comply with CBC 112913.1
in terms of arrangement. Two of the disabled parking spaces are served by a "van
accessible" 8 foot wide access aisle which complies with CBC 1129134.2. What is
needed however are the words "NO PARKING" to be painted in each of the
access aisles so that the disabled parking will comply with CBC 112913.5 -1 &2.
2 The route of travel to the entrances of each of the buildings on the plan complies
with CBC 1114131.2.
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3 In order to comply with CBC 112713.1 disabled access signs indicating the location
of the elevator will need to be placed near the disabled parking so as to guide
people with mobility impairments to that access feature.
4. The plan does show an elevator but it lacks sufficient detail for comment.
The plans I reviewed did not provide any interior detail and therefore no comments
can be provided.
END OF CONDITIONS
C
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