HomeMy WebLinkAbout2023-11-06 ARC Resolution _ 1038 COAs AR-2023-0083 FINAL signedRESOLUTION NO. 1038
A RESOLUTION OF THE ARCHITECTURAL REVIEW COMMITTEE OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MAJOR
ARCHITECTURAL APPLICATION FOR A ROUGHLY 1,150-SQUARE FOOT
DRIVE-THROUGH COFFEE SHOP ON A 0.46-ACRE LOT LOCATED AT 2466
NORTH PALM CANYON DRIVE, APN: 504-250-031, ZONE: PD 113, GENERAL
PLAN: MIXED-USE, (CASE AR-2023-0083; RELATED CASES: DP-2023-0018 /
CUP-2023-0020 / VAR-2023-0007), SUBJECT TO CONDITIONS OF APPROVAL
THE ARCHITECTURAL REVIEW COMMITTEE FINDS AND DETERMINES AS FOLLOWS:
A. WHEREAS, the Kaidence Group, LLC, submitted a major architectural application,
development permit, conditional use permit and variance application seeking approval to
develop a roughly 1,150-square foot, drive-through coffee shop with associated landscaping and
off-street parking on a 0.46-acre lot located at 2466 North Palm Canyon Drive; and
B. WHEREAS, a notice of public hearing of the Planning Commission to consider the
development permit, variance and conditional use permit applications was published in
accordance with applicable law; and
C. WHEREAS, a public hearing of the Planning Commission to consider the
applications was held on October 25, 2023; and
D. WHEREAS, at said meeting, the Planning Commission carefully reviewed and
considered all the evidence presented in connection with the application including, but not limited
to the staff report, and all written and oral testimony presented and voted 3 to 2 (Weremuik,
Rotman opposed) to approve the development permit, conditional use permit and variance
application and to recommend approval of the major architectural application by the Architectural
Review Committee; and
E. WHEREAS, on November 6, 2023, a public meeting of the Architectural Advisory
Committee was held in accordance with applicable law to consider the Major Architectural
application; and
F. WHEREAS, at said meeting the Architectural Advisory Committee carefully
reviewed and considered all the evidence presented in connection with the application including
but not limited to the staff report, and all written and oral testimony presented.
NOW, THEREFORE, THE ARCHITECTURAL ADVISORY COMMITTEE OF THE CITY
OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
Architectural Advisory Committee Resolution No. 1038
Case AR-2023-0083 Coffee Shop at 2466 N Palm Canyon Drive
Page 2 of 5
SECTION 1. That the findings and determinations reflected above are true and correct
and are incorporated by this reference herein as the cause and foundation for the action taken
by the and through this Resolution.
SECTION 2. On October 25, 2023 the Planning Commission evaluated the project
pursuant to the California Environmental Quality Act (“CEQA”) and determined it to be
Categorically Exempt from further analysis under CEQA as a Class 32 “Infill Development”. The
project meets the definition of infill development as follows: (a) the project is consistent with the
General Plan and the Zoning Code, (b) it occurs within the City limits on a parcel less than 5
acres and is surrounded by urban uses, (c) the parcel has no value as habitat for endangered
or rare species, (d) approval of the project will not result in adverse impacts related to traffic,
noise, air or water quality, and (e) the site is adequately served by all required utilities and
services.
SECTION 3. The Architectural Review Committee has evaluated the proposed project
pursuant to the findings and guidelines for approval of a Major Architectural application outlined
in Zoning Code Section 94.04.00 (E) as follows:
Criteria and Findings [PSZC 94.04.00(E)] Compliance
1. The architectural treatment is consistent on all four sides of the proposed
building(s), unless otherwise approved by the ARC; Y
The architectural treatment consists of stucco, brick veneer in a stack
bond pattern, glass and metal. The building has greater architectural
articulation / fenestration on the elevations facing the parking lot and
adjacent parcel.
2. The design of accessory structures, such as carports, cabanas, & similar
accessory structures, shall be consistent with the form, materials & colors
of the principal building(s), unless otherwise approved by the ARC;
Y
A trash enclosure with welded wire roof and security bars is proposed in
the parking lot. It is proposed in the same colors and materials as the
main building.
3. The façade elements and fenestration are composed in a harmonious
manner; Y
The building essentially contains a coffee / prep kitchen with a service -
window for the drive-through. There are no windows except on the east
façade and at the service / pick-up window. The north and south facades
are composed of simple white stucco with control joints and a wainscot
of stacked brick veneer. The west façade is covered in a stack bond
brick veneer which wraps around the north and south facade.
Architectural Advisory Committee Resolution No. 1038
Case AR-2023-0083 Coffee Shop at 2466 N Palm Canyon Drive
Page 3 of 5
Criteria and Findings [PSZC 94.04.00(E)] Compliance
4. The proposed materials are consistent with the context of the site,
adjacent buildings, and the desert environment; Y
Existing buildings in the vicinity of the project site are eclectic in their
appearance, with most comprised of painted stucco. The proposed
building materials including painted stucco, stack bond veneer block,
break-metal fascia and black anodized storefront are generally
consistent with other buildings in the vicinity.
5. The proposed color scheme is appropriate to the desert environment and
consistent with the site context; Y
The building is proposed to be painted white with grey and black accent
colors and window frames. The stack-bond masonry veneer is proposed
in a neutral tan color and overall is the color scheme is subtle and simple.
6. Shading devices and sun control elements, excluding landscape
materials, are provided to address environmental conditions and solar
orientation;
Y, partially
Zoning Code section 93.06.00 (C,18,b) denotes that “Vehicles at service
windows or machines shall be provided with a shade structure.” The
proposed building has a 4’-7” projecting eave at the pick-up window and
small canopy that extends over the order station / menu board. small
canopy that extends over the order station / menu board. The Planning
Commission conditioned its approval on requiring the applicant to
provide an architecturally integrated shade structure at the pick -up
window. Although shade trees are proposed, there is no shade structure
at the west-facing order machine.
7. The proposed landscape plan is consistent with the requirements of
PSMC Chapter 8.60;
Y, as
conditioned
The project is required to conform to PZMC 8.60 and a condition of
approval has been included.
8. The proposed landscape plan is consistent with all applicable zoning
requirements, including any streetscape requirements, landscape buffer
requirements, and screening requirements;
Y, as
conditioned.
The landscape plan includes several shade trees along the perimeter of
the site and at the parking lot and queueing lanes for the drive through.
The open areas of the site are proposed with a good mixture of drought
tolerant plants arranged in a good comp osition. The applicant will be
required to spread pea gravel in the street -fronting existing landscape
beds with appropriate weed barrier. A smaller alternative shrub to the
Texas Ranger along the south side of the building is recommended given
Architectural Advisory Committee Resolution No. 1038
Case AR-2023-0083 Coffee Shop at 2466 N Palm Canyon Drive
Page 4 of 5
Criteria and Findings [PSZC 94.04.00(E)] Compliance
the narrowness of this area. The Planning Commission conditioned its
approval on providing 36” minimum box shade trees at 15’ on center
along the street-front sides of the parcel.
9. The shading for pedestrian facilities on the subject site or abutting public
right(s)-of-way is adequate; Y
The project provides several shade trees along the perimeter of the
parcel that once mature, will provide shade along the perimeter
sidewalks.
10. The proposed lighting plan is consistent with the requirements of PSZC
Section 93.21.00, and the proposed lighting will not materially impact
adjacent properties;
Y, as
conditioned
The project is conditioned to provide a photometric site plan prior to
issuance of building permits to demonstrate conformance with the City’s
outdoor lighting ordinance.
11. Appropriateness of signage locations and dimensions relative to the
building façade(s), or appropriateness of the site location for any
freestanding signage, as may be warranted for the development type;
NA
No signage is proposed with the current applications. Signage will be
reviewed at staff level at a later time for conformance with the City’s sign
ordinance.
12. Screening is provided for mechanical equipment and service yards, so
as to screen such facilities from view from public rights-of-way and
abutting properties;
Y
The building is provided with parapets that will screen roof-mounted
mechanical equipment. Electrical gear is provided in an enclosed closet
integrated with the building.
13. The proposed application is consistent with any adopted design
standards of an applicable specific plan, planned development district,
or other applicable adopted design standards and regulations.
NA
NA, there are no design guidelines applicable to this property.
Based on the entire record before the Architectural Review Committee and the findings made in
the staff report and this resolution, the Architectural Review Committee of the City of Palm
Springs, California hereby approves Case AR-2023-0083, a major architectural application for
development a roughly 1,150-square foot, drive-through coffee shop with associated
landscaping and off-street parking on a 0.46-acre lot located at 2466 North Palm Canyon Drive;
RESOLUTION NO. 1038
EXHIBIT A
DP-2022-0018 / CUP-2022-0020 / VAR-2023-0007 / AR-2023-0083
A Drive-through Coffee Shop at 2466 N. Palm Canyon Drive
November 6, 2023
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Director of Building
and Safety, the Chief of Police, the Fire Chief or their designee, depending on which
department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case DP-
2022-0018 / CUP-2022-0020 / VAR-2023-0007 / AR-2023-0083, except as
modified with the conditions below;
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, including site plans, architectural
elevations, exterior materials and colors, landscaping, and grading on file in the
Planning Division except as modified by the conditions below.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with the
provisions of the Palm Springs Zoning Code.
ADM 5. The owner/applicant shall defend, indemnify, and hold harmless the City of
Palm Springs, its elected officials, agents, officers, and employees
(“Indemnitees”) from any claim, action, or proceeding against the City of Palm
Springs or any Indemnitee(s), arising, in any way, out of the activities
authorized by this Land Use Permit. The City will promptly notify the applicant
of any such claim, action, or proceeding 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 fails to
promptly notify the applicant of any such claim, action or proceeding or fails to
Exhibit “A” ARC Reso #1038 –
Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007
Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023
Page 9 of 11
cooperate fully in the defense, the applicant shall not, thereafter, be responsible
to defend, indemnify, or hold harmless the Indemnitees. Notwithstanding the
foregoing, the City retains the right to settle or abandon the matter without the
applicant's consent, but should it do so, the City shall waive the indemnification
herein, except, the City's decision to settle or abandon a matter following an
adverse judgment or failure to appeal, shall not cause a waiver of the
indemnification rights herein.
ADM 6. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including and
without limitation all structures, sidewalks, bikeways, parking areas, landscape,
irrigation, lighting, walls, and fences 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 t he property owner’s sole expense.
This condition shall be included in the recorded covenant agreement for the
property if required by the City.
ADM 7. Time Limit on Approval. Approval of the Conditional Use Permit, Development
Permit, Variance and Major Architectural application shall be valid for a period
of two (2) years from the effective date of the approval. Extensions of time may
be granted by the Planning Commission upon demonstration of good cause
pursuant to Zoning Code section 94.12.00.
ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City of
Palm Springs may be appealed in accordance with Municipal Code Chapter
2.05.00. Permits will not be issued until the appeal period has concluded.
ADM 9. Park Development Fees. The developer shall dedicate land or pay a fee in lieu
of a dedication, at the option of the City. The in-lieu fee shall be computed
pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to
be dedicated by the fair market value of the land being developed plus the cost
to acquire and improve the property plus the fair share contribution, less any
credit given by the City, as may be reasonably determined by the City based
upon the formula contained in Ordinance No. 1632. In accordance with the
Ordinance, the following areas or features shall not be eligible for private park
credit: golf courses, yards, court areas, setbacks, development edges, slopes
in hillside areas (unless the area includes a public trail) l andscaped
development entries, meandering streams, land held as open space for wildlife
habitat, flood retention facilities and circulation improvements such as bicycle,
hiking and equestrian trails (unless such systems are directly linked to the City’s
community-wide system and shown on the City’s master plan).
Exhibit “A” ARC Reso #1038 –
Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007
Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023
Page 9 of 11
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP)
Local Development Mitigation Fee (LDMF) required. All projects within the City
of Palm Springs, not within the Agua Caliente Band of Cahuilla Indians
reservation are subject to payment of the CVMSHCP LDMF prior to the
issuance of certificate of occupancy.
ENV 2. Notice of Exemption Filing Fee. The project is exempt from further evaluation
pursuant to the California Environmental Quality Act (CEQA). The applicant is
responsible for payment to the City of the $50 fee for electronic filing of the
exemption determination with the County Clerk within two business days of the
Commission’s final action on the project. Coordinate this payment with the
project planner.
ENV 3. California Fish & Game Filing Fee. The project is required to pay a $50 fish
and game impact fee as defined in Section 711.4 of the California Fish and
Game Code. The applicant is responsible for payment to the City of the CFG
impact fee. Coordinate this payment with the project planner. The project may
be eligible for exemption or refund of this fee by the California Department of
Fish & Game. Applicants may apply for a refund by the CFG at www.dfg.ca.gov
for more information.
ENV 4. Cultural Resource Survey Required. 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 e mployed to survey the area for
the presence of cultural resources identifiable on the ground surface.
ENV 5. Cultural Resource Site Monitoring. There is a possibility of buried cultural or
Native American tribal resources on the site. A Native American Monitor shall
be present during all ground-disturbing activities.
a). 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 contact the Director of Planning. After consultation the Director
shall have the authority to halt destructive const ruction and shall notify a
Qualified Archaeologist to further investigate the site. 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.
Exhibit “A” ARC Reso #1038 –
Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007
Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023
Page 9 of 11
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 Department prior
to final inspection.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a photometric
site plan showing the project’s conformance with Section 93.21.00 Outdoor
Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted
for approval by the Department of Planning prior to is suance of a building
permit. Manufacturer's cut sheets of all exterior lighting on the building and in
the landscaping shall be included. If lights are proposed to be mounted on
buildings, down-lights shall be utilized. No lighting of hillsides is permitted.
PLN 2. Water Efficient Landscaping Conformance. The project is subject to the Water
Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs
Municipal Code and all other water efficient landscape ordinances. The
applicant shall submit a landscape and irrigation plan to the Director of Plan ning
for review and approval prior to the issuance of a building permit. Landscape
plans shall be approved by the Riverside County Agricultural Commissioner's
Office prior to submittal. Prior to submittal to the Cit y, landscape plans shall
also be certified by the local water agency that they are in conformance with
the water agency’s and the State’s Water Efficient Landscape Ordinances.
PLN 3. Flat Roof Requirements. Roof materials on flat roofs (less than 2:12) must
conform to California Title 24 thermal standards for “Cool Roofs”. Such roofs
must have a minimum initial thermal emittance of 0.75 or a minimum SRI of 64
and a three-year aged solar reflectance of 0.55 or greater. Only matte (non-
specular) roofing is allowed in colors such as beige or tan.
PLN 4. Maintenance of Awnings & Projections. All awnings shall be maintained and
periodically cleaned.
PLN 5. Screen Roof-mounted Equipment. All roof mounted mechanical equipment
shall be screened per the requirements of Section 93.03.00 of the Zoning
Ordinance.
PLN 6. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be
permitted on any facade on the proposed building(s) that are visible from
adjacent streets or residential and commercial areas.
Exhibit “A” ARC Reso #1038 –
Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007
Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023
Page 9 of 11
PLN 7. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 8. Outside Storage Prohibited. No outside storage of any kind shall be permitted
except as approved as a part of the proposed plan.
PLN 9. No off-site Parking. Vehicles associated with the operation of the proposed
development including company vehicles or employees vehicles shall not be
permitted to park off the project site unless a parking management plan has
been approved by the Planning Department.
PLN 10. Pad Elevations. Final building pad elevations shall not vary more than 12
inches above or below the pad elevation established by the approved
preliminary grading plan and / or tentative map. Any deviations from this
provision shall require approval by the Architectural Review Committee and/or
the Planning Commission.
PLN 11. Signage not a part. Approvals for signage associated with the proposed
development are not a part of this approval. Signage conforming to the City’s
sign ordinance shall be submitted to the City Planning Department and be
processed separately from any approvals granted herein.
PLN 12. Landscape. The applicant shall provide pea gravel in neutral tan/beige color
with weed barrier in all planter beds on the project site and along the street -
fronting landscape beds in the public right-of-way. The applicant shall provide
a smaller alternative shrub to the Texas Ranger along the south side of the
building given the narrowness of this planting bed.
PLN 13. Shade trees. Provide shade trees spaced at 15 feet on center along the street
frontages.
PLN 14. Shade structure at pick-up window. Provide a code-required shade structure
integrated with the building architecture at the pick-up window.
PLN 15. Provide revised building elevations with greater detail for the rear (north) and
side (west) elevations of the proposed building so there is consistency in detail
on all sides, consider relocating tower element.
PLN 16. Shade structure at order speaker as required by PSZC 93.06.
PLN 17. Potential traffic conflicts – drive-through lanes. Provide a diagram showing
traffic movements to ensure that there is no conflict with the proposed queuing
lanes and the exit lane from the adjacent Del Taco drive through lane.
Exhibit “A” ARC Reso #1038 –
Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007
Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023
Page 9 of 11
PLN 18. Landscape Screening. Add medium height shrubs along the perimeter of the
screen wall to screen lights from the queuing cars.
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 “Building Security
Codes” of the Palm Springs Municipal Code.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
APPLICATION FOR APPROVAL OF A COMMERCIAL BUILDING LOCATED AT 2466
NORTH PALM CANYON DRIVE, (APN 504-250-031), SECTION 3, TOWNSHIP 4 S,
RANGE 4 E, S.B.M., ENG. FILE NO. 4823.
The Engineering Services Department 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.
All grading plans, improvement plans, required studies and documents listed below, must
be submitted to Engineering Services Department for review and approval.
STREETS
ENG 1. Any improvements within the public right-of-way require a City of Palm
Springs Encroachment Permit. All improvements are subject to inspection
and a 48-hour inspection notification is required.
ENG 2. Applicant shall obtain State permits and approval of plans for any work done
on State Highway 111. A copy of an approved Caltrans encroachment permit
shall be provided to the City Engineer prior to the issuance of any grading or
building permits if there is any work being done in the public right-of-way on
State Highway 111.
NORTH PALM CANYON DRIVE (HIGHWAY 111)
ENG 3. Remove and replace existing driveway approach in accordance with City of
Palm Springs Standard Drawing No. 205.
Exhibit “A” ARC Reso #1038 –
Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007
Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023
Page 9 of 11
ENG 4. An accessible pedestrian path of travel shall be provided throughout the
development, as may be required by applicable state and federal laws. An
accessible path of travel shall be constructed of Portland cement concrete,
unless alternative materials meeting state and federal accessibility
standards is approved by the City Engineer.
ENG 5. Remove and replace existing asphalt concrete pavement where required,
in accordance with applicable City standards.
ENG 6. All broken or off grade street improvements along the project frontage shall
be repaired or replaced.
RACQUET CLUB ROAD
ENG 7. All broken or off grade street improvements along the project frontage shall
be repaired or replaced.
ON-SITE
ENG 8. The minimum pavement section for all on-site pavement (drive aisles
and parking spaces) shall be 3 inches asphalt concrete pavement over
4 inches crushed miscellaneous base with a minimum subgrade of 24
inches at 95% relative compaction, or equal. 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.
ENG 9. The applicant shall demonstrate access rights across the adjacent
properties identified by Assessor’s Parcel Number (APN) 504 -250-032,
504-250-029. Proof of access rights shall be submitted to the City
Engineer prior to approval of a grading plan.
ENG 10. On-site drive aisles and parking spaces shall be constructed with curbs,
gutters, and cross-gutters, as necessary to accept and convey street
surface drainage of the on-site streets to the on-site drainage system, in
accordance with applicable City standards.
SANITARY SEWER
ENG 11. All sanitary facilities shall be connected to the public sewer system . New
laterals shall not be connected at manholes.
Exhibit “A” ARC Reso #1038 –
Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007
Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023
Page 9 of 11
ENG 12. Submit sewer improvement plans prepared by a California registered civil
engineer to the Engineering Services Department. The plan(s) shall be
approved by the City Engineer prior to issuance of any encroachment or
building permits.
ENG 13. Construct an 8 inch V.C.P. sewer main extension along the frontage of APN
504-250-032 to 504-250-31, located 5 feet from centerline or as required by
the City Engineer and connect to the existing public sewer system in
Racquet Club Road. All sewer mains constructed by the applicant and to
become part of the public sewer system shall be digitally video recorded by
the City prior to acceptance of the sewer system for maintenance by the
City. Any defects of the sewer main shall be removed, replaced, or repaired
to the satisfaction of the City Engineer prior to acceptance.
ENG 14. All sewer mains constructed by the developer and to become part of the
City sewer system shall be digitally video recorded (Developer shall contact
City treatment plant facility for acceptable digital video format) and
submitted to the City for review prior to acceptance of the sewer system for
maintenance by the City. Any defects of the sewer main shall be removed,
replaced, or repaired to the satisfaction of the City Engineer prior to
acceptance.
ENG 15. Upon completion of the construction of public sewer lines, an as-built
drawing in digital format shall be provided to the City as required by the City
Engineer, if the sewer was not constructed in accordance with the original
approved sewer plans.
GRADING
ENG 16. Submit a Precise Grading Plan prepared by a California licensed civil
engineer to the Engineering Services Department for review and approval.
If the overall project grading volumes are less than 50 cubic yards and the
project does not involve a hillside lot as defined by City of Palm Springs
Zoning Code 93.13.00, then the plan does not need to be prepared by a
licensed professional unless determined otherwise by the City Engineer.
The plan shall be approved by the City Engineer prior to grading permit
issuance.
a. A Fugitive Dust Control Plan shall be prepared by the applicant
and/or its grading contractor and submitted to the Engineering Services
Department for review and approval. The applicant and/or its grading
Exhibit “A” ARC Reso #1038 –
Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007
Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023
Page 9 of 11
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 Services Department
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 http://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 Services Department prior to approval of the Grading plan.
b. The first submittal of the Grading 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; a copy of the project -specific Final
Water Quality Management Plan.
ENG 17. Prior to approval of a Grading Plan (or issuance of a Grading Permit), 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 ( a copy of the written approval must be provided to
the City) . The applicant shall contact the Tribal Historic Preservation Officer
or the Tribal Archaeologist at ACBCI-THPO@aguacaliente.net 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.
ENG 18. In accordance with an approved PM-10 Dust Control Plan, temporary dust
control perimeter fencing shall be installed. Fencing shall have screening
that is tan in color; green screening will not be allowed. Temporary dust
control perimeter fencing shall be installed after issuance of Grading Permit,
and immediately prior to commencement of grading operations.
Exhibit “A” ARC Reso #1038 –
Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007
Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023
Page 9 of 11
ENG 19. Temporary dust control perimeter fence screening shall be appropriately
maintained, as required by the City Engineer. Cuts (vents) made into the
perimeter fence screening shall not be allowed. Perimeter fencing shall be
adequately anchored into the ground to resist wind loading .
ENG 20. Within 10 days of ceasing all construction activity and when construction
activities are not scheduled to occur for at least 30 days, the disturbed areas
on-site shall be permanently stabilized, in accordance with Palm Springs
Municipal Code Section 8.50.022. Following stabilization of all disturbed
areas, perimeter fencing shall be removed, as required by the City
Engineer.
ENG 21. In accordance with City of Palm Springs Municipal Code, Section 8.50.022
(h), the applicant shall post with the City a cash bond of two thousand dollars
($2,000.00) per disturbed acre (if there is disturbance of 5,000 square feet
or more) at the time of issuance of grading permit for mitigation measures
for erosion/blowsand relating to this property and development.
ENG 22. 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
Geotechnical/Soils Report shall be submitted to the Engineering Services
Department with the first submittal of a grading plan.
ENG 23. The applicant shall provide Grading Certification for all building (or
structure) pads in conformance with the approved grading plan to the
Engineering Services Department for review and approval prior to issuance
of Building Permits.
ENG 24. In cooperation with the California 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” (Revised - RIFA
Form CA-1) prior to approval of the Grading Plan (if required). The California
Department of Food and Agriculture office is located at 6819 East Gage
Avenue, Commerce, Ca 90040 (Phone (760)782-3271, (562)505-6415),
Sonia.Oran@cdfa.ca.gov.
WATER QUALITY MANAGEMENT PLAN
Exhibit “A” ARC Reso #1038 –
Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007
Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023
Page 9 of 11
ENG 25. This project shall 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 contaminated stormwater and non-stormwater runoff, shall be
required.
ENG 26. A Final Project-Specific Water Quality Management Plan (WQMP) shall be
submitted to and approved by the City Engineer prior to issuance of a
grading or building permit. The WQMP shall address the implementation of
operational Best Management Practices (BMP’s) necessary to
accommodate nuisance water and storm water runoff from the site. Direct
release of nuisance water to the adjacent property (or public streets) is
prohibited. Construction of operational BMP’s shall be incorporated into the
Precise Grading and Paving Plan.
ENG 27. Prior to issuance of any grading or building permits, the property owner shall
record a “Covenant and Agreement” with the County -Clerk Recorder or
other instrument on a standardized form to inform future property owners of
the requirement to implement and maintain the approved Final Project-
Specific Water Quality Management Plan (WQMP). Other alternative
instruments for requiring implementation of the approved Final Project -
Specific WQMP include: requiring the implementation of the Final Project -
Specific WQMP in Home Owners Association or Property Owner
Association Covenants, Conditions, and Restrictions (CC&Rs); formation of
Landscape, Lighting and Maintenance Districts, Assessment Districts or
Community Service Areas responsible for implementing the Final Project-
Specific WQMP; or equivalent. Alternative instruments must be approved
by the City Engineer prior to issuance of any grading or building permits .
DRAINAGE
ENG 28. All stormwater runoff across the property shall be accepted and conveyed
in a manner acceptable to the City Engineer and released to an approved
drainage system. Stormwater runoff may not be released directly to the
adjacent streets without first intercepting and treating with approved Best
Management Practices (BMPs).
ENG 29. All stormwater runoff passing through the site shall be accepted and
conveyed across the property in a manner acceptable to the City Engineer.
Exhibit “A” ARC Reso #1038 –
Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007
Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023
Page 9 of 11
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
basin 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.
ENG 30. The project is subject to flood control and drainage implementation fees.
The acreage drainage fee at the present time is $7746.89 per acre in
accordance with Resolution No. 15189. Fees shall be paid prior to issuance
of a building permit.
ENG 31. Submit storm drain improvement plans for all on-site storm drainage system
facilities for review and approval by the City Engineer.
GENERAL
ENG 32. 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 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, Mission Springs Water District, 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.
ENG 33. All proposed utility lines shall be installed underground.
Exhibit “A” ARC Reso #1038 –
Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007
Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023
Page 9 of 11
ENG 34. All existing utilities shall be shown on the improvement plans if required for
the project. The existing and proposed service laterals shall be shown from
the main line to the property line.
ENG 35. Upon approval of any improvement plan (if required) by the City Engineer,
the improvement plan shall be provided to the City in digital format,
consisting of a DWG (AutoCAD drawing filetype) and PDF (Adobe Acrobat
document filetype) formats. Variation of t he type and format of the digital
data to be submitted to the City may be authorized, upon prior approval by
the City Engineer.
ENG 36. The original improvement plans prepared for the proposed development
and approved by the City Engineer (if required) shall be documented with
record drawing “as-built” information and returned to the Engineering
Services Department 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.
ENG 37. 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.
ENG 38. 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 in accordance with City of Palm Springs Standard Drawing No.
904.
ENG 39. This property is subject to the Coachella Valley Multiple Species Habitat
Conservation Plan Local Development Mitigation Fee (CVMSHCP-LDMF).
The LDMF shall be paid prior to issuance of Building Permit.
TRAFFIC
ENG 40. A minimum of 48 inches of clearance for accessibility shall be provided on
public sidewalks. 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 frontage of the subject property.
ENG 41. Install traffic striping and signage improvements at the intersection of the
double drive thru lanes and exiting drive thru lane (Del Taco), signage shall
Exhibit “A” ARC Reso #1038 –
Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007
Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023
Page 9 of 11
be “KEEP AREA CLEAR”. Traffic striping and signage plans to be shown
on grading plans. Required traffic striping and signage improvements shall
be completed prior to issuance of a certificate of occupancy.
ENG 42. Construction signing, lighting and barricading shall be provided during all
phases of construction 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 Part 6 “Temporary Traffic Control”
of the California Manual on Uniform Traffic Control Devices (CAMUTCD),
dated November 7, 2014, or subsequent editions in force at the time of
construction.
ENG 43. This property is subject to the Transportation Uniform Mitigation Fee which
shall be paid prior to issuance of building permit.
FIRE DEPARTMENT CONDITIONS
FID 1. These Fire Department conditions may not provide all requirements.
Owner/developer is responsible for all applicable state and locally adopted fire
codes. Detailed plans are still required for review. Conditions are subject to
final plan check and review.
FID 2. Fire Department Conditions were based on the 2022 California Fire Code as
adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD
Appendix “T” Development Requirements. This building will require fire
sprinklers and a fire alarm system based on the change of use.
FID 3. Conditions of Approval – “Conditions of Approval” received from the Palm
Springs Planning Department must be submitted with each plan set. Failure
to submit will result in a delay of plan approval.
FID 4. Plans and Permits (CFC 105.1):
Permits and scaled drawings are required for this project. Plan reviews can
take up to 20 working days. Submit a minimum of three (3) sets of drawings
for review. Upon approval, the Fire Prevention Bureau will retain one set.
Plans shall be submitted to:
City of Palm Springs
Building and Safety Department
Exhibit “A” ARC Reso #1038 –
Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007
Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023
Page 9 of 11
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Counter Hours: 7:30 AM – 5:30 PM, Monday – Thursday
A deposit for plan check and inspection fees is required at the time of plan
submittal. These fees are established by resolution of the Palm Springs City
Council.
Complete listings and manufacturer’s technical data sheets for all system
materials shall be included with plan submittals. All system materials shall be
UL listed or FM approved for fire protection service and approved by the Fire
Prevention Bureau prior to installation.
Plans shall include all necessary engineering features, including all hydraulic
reference nodes, pipe lengths and pipe diameters as required by the
appropriate codes and standards. Plans and supporting data, (calculations
and manufacturers technical data sheets) including fire flow data, shall be
submitted with each plan submittal. Complete and accurate legends for all
symbols and abbreviations shall be provided on the plans.
FID 5. Access During Construction (CFC 503): Access for firefighting equipment
shall be provided to the immediate job site at the start of construction and
maintained until all construction is complete. Fire apparatus access roads
shall have an unobstructed width of not less than 24 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.
FID 6. Required access (CFC 504.1): Exterior doors and openings required by this
code or the California Building Code shall be maintained readily accessible for
emergency access by the fire department. An approved access walkway
leading from fire apparatus access roads to exterior openings shall be
provided when required by the fire code official.
FID 7. Turning Radius: Fire access road turns and corners shall be designed with a
minimum inner radius of 25 feet and an outer radius of 43 feet.
Exhibit “A” ARC Reso #1038 –
Conditions of Approval - Case #DP-2023-0018 / CUP-2022-0020 / VAR-2023-0007
Drive-through Coffee Shop at 2466 N Palm Canyon Drive
November 6, 2023
Page 9 of 11
FID 8. Dead Ends: Dead-end fire apparatus roads in excess of 150 feet in length
shall be provided with an approved area for turning around a fire apparatus.
FID 9. Designated Fire Lanes: In private developments fire lanes shall not be less
than 24 feet in width (curb to curb) with no parking on either side and shall be
identified.
FID 10. Private Fire Hydrants: This development may require private fire hydrants
Please speak with Desert Water Agency.
FID 11. Fire Extinguishers: Fire Extinguisher shall be required every 75 feet of
travel.
END OF CONDITIONS