HomeMy WebLinkAboutPC Resolution _6100- Case 5.1228- CUPRESOLUTION NO. 6100
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE NUMBER 5.1228 CONDITIONAL USE
PERMIT TO ALLOW THE USE OF A DRIVE -THROUGH
FACILITY AND THE CONSTRUCTION OF A NEW
RESTAURANT LOCATED AT 6620 NORTH INDIAN
CANYON DRIVE.
WHEREAS, Del Taco, LLC ("Applicant") fled an application with the City for a Conditional
Use Permit to allow the use of a drive -through facility and architectural approval of a
restaurant building located at 6620 North Indian Canyon Drive, APN 666-370-025, Section
14I314; and
WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm
Springs to consider an application for Conditional Use Permit 5.1228 was issued in
accordance with applicable law; and
WHEREAS, on November 12, 2009, the public hearing on the application for Conditional
Use Permit 5.1228 was held by the Planning Commission in accordance with applicable
law; and
WHEREAS, the Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with the hearing on the project, including but not limited
to the staff report, and all written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: This project is categorically exempt from environmental review pursuant to
Section 15303(c) (Class 3 — new restaurant not exceeding 2,500 square feet) of the
California Environmental Quality Act (CEQA).
Section 2: Pursuant to Section 93.06.00(C)(18) of the PSZC, drive -through facilities
must conform to the following regulations:
a. Safe on- and off -site traffic and pedestrian circulation shall be provided,
including, but not limited to, traffic circulation which does not conflict with entering
or exiting traffic to the site, parking or pedestrian movements.
The entrance to the drive -through facility is located at the end of a drive -aisle
which has adequate stacking capability to allow for safe circulation. The exit of
the drive -through allows adequate visibility for a safe transition to an interior
driveway.
b. A stacking area shall be provided for each service window or machine and shall
provide a minimum of seven (7) tandem standing spaces inclusive of the vehicle
Planning Commission Resolution No. 6100
Case No. 5.1228 — CUP
November 12, 2009
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being serviced. The standing spaces shall not extend into the public right-of-way
nor interfere with any internal circulation patterns. Vehicles at service windows or
machines shall be provided with a shade structure.
The drive -through provides for nine tandem standing spaces inclusive of the
vehicle being serviced. All nine spaces do not impede the nearby parking or the
circulation of vehicles within the parking lot.
C. The drive -through facility shall be designed to integrate with existing or proposed
structures, including roof lines, building materials, signage and landscaping.
The proposed drive -through shade structure uses the same roof line as the
overhangs located on all sides of the building and the colors and materials are all
consistent with the proposed architecture of the building. Therefore, the facility is
designed to integrate with the proposed structure.
d. Amplification equipment, lighting and location of drive -through elements and
service windows shag be screened from public rights -of -way and adjacent
properties.
The drive -through elements and car stacking will be located behind a landscape
screen that ranges from twelve feet to twenty feet in width. The service window
is located behind a screen wall.
Section 3: Pursuant to Section 94.04.00 of the Zoning Ordinance, the Planning
Commission finds
Site layout, orientation, location of structures and relationship to one another and to
open spaces and topography. Definition of pedestrian and vehicular areas; i.e.,
sidewalks as distinct from parking lot areas;
Access throughout the proposed project is designed according to the
requirements of the Uniform Building Code and ADA rules, including accessible
pathways, handicapped parking spaces and vehicular access. The buildings are
oriented relative to the existing buildings in the immediate surroundings.
2. Harmonious relationship with existing and proposed adjoining developments and in
the context of the immediate neighborhood/community, avoiding both excessive
variety and monotonous repetition, but allowing similarity of style, if warranted;
The properties to the west and south are single -story automobile fuel stations.
The proposed restaurant building has a harmonious relationship with the existing
development since it is a one story restaurant building.
3. Maximum height, area, setbacks and overall mass, as well as parts of any
structure (buildings, walls, screens, towers or signs) and effective concealment of
all mechanical equipment;
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November 12, 2009
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The proposed height of twenty feet, mass of the building and setbacks are
compliant with the requirements of the Palm Springs Zoning Code. Parking is
adequate; the proposed landscape provides adequate screening and shading;
and all mechanical equipment will be concealed behind a parapet wall.
4. Building design, materials and colors to be sympathetic with desert surroundings;
AND
5. Harmony of materials, colors and composition of those elements of a structure,
including overhangs, roofs, and substructures, which are visible simultaneously, -
AND
6. Consistency of composition and treatment,
The proposed building is a simple design with basic materials that include stucco
and metals. The colors include light tan for the main wall stucco and a darker
brown for the wainscot. The metal overhang will be a deep red and the windows
are proposed to be a bronze anodized aluminum. The proposed color palette
reflects colors found in the surrounding mountains and desert vegetation.
The building is oriented to utilize good solar control with a consistent composition
of architectural overhangs and projections. The pedestrian entry is located on
the east side of the building and away from the prevailing winds. The drive -
through window is shielded from the prevailing winds by a twelve foot high solid
stucco wall. Therefore, the building design, materials, and colors are
sympathetic with the desert surroundings.
7. Location and type of planting, with regard for desert climate conditions.
Preservation of specimen and landmark trees upon a site, with proper irrigation to
insure maintenance of all plant materials,
The landscape design proposes drought tolerant trees, shrubs and groundcover.
Drip emitters will deliver water to each individual plant, thereby practicing water
efficient irrigation methods.
Section 4: The Conditional Use Permit process outlined in Section 94.02.00 of the
Zoning Code requires the Planning Commission to make a number of findings for
approval of the permit. Therefore, the Planning Commission finds:
That the use applied for at the location set forth in the application is properly one
for which a conditional use permit is authorized by this Zoning Code.
The site is located within the HC (Highway Commercial) zone. Pursuant to
Section 92.14.1.01(A)(4) of the Palm Springs Zoning Code (PSZC), restaurants
(all types) are permitted within the HC zone. A drive -through facilities is a
permitted use with a conditional use permit pursuant to Section 92.14.1.00(D)(1)
and 92.12.01(D)(13) of the PSZC.
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2. That the use is necessary or desirable for the development of the community, is
in harmony with the various elements or objectives of the general plan, and is not
detrimental to existing uses or to future uses specifically permitted in the zone in
which the proposed use is to be located.
The General Plan designation of the subject site is RBC (Regional Business
Center). The General Plan states...
The RBC designation should the Regional Business Center area is
intended to accommodate a wide variety of business activities in a
multi -use environment. The RBC will provide job opportunities for
the residents of Palm Springs and the whole of the Coachella
Valley. Commercial, office, and industrial uses that can be
supported by their proximity to the freeway are encouraged in this
area... Commercial uses can include retail establishments, hotels,
automobile dealerships, and other uses that serve a regional
population.
The proposed drive -through restaurant is a commercial use that will serve the
regional population; therefore, the use is consistent with the General Plan. The
use is not detrimental to existing or future uses specifically permitted in the zone
since there are other drive -through restaurants that exist in the area.
3. That the site for the intended use is adequate in size and shape to accommodate
such use, including yards, setbacks, walls or fences, landscaping, and other
features required in order to adjust such use to those existing or permitted future
uses of land in the neighborhood.
The size of the proposed restaurant is approximately 2,163 square feet in area.
The drive -through facility will allow up to nine vehicles without impeding parking
lot traffic; a minimum of seven is required by the Zoning Code. The project
proposes more parking spaces than is required by the PSZC, as well as
additional parking for RV and truck parking. Adequate landscape buffers are
provided for screening. Therefore, the project site is adequate in size and shape
to accommodate the proposed project, right of way improvements, required
parking and other features necessary to adjust such use to those existing or
permitted future uses of land in the neighborhood.
4. 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 project site is located on the east side of North Indian Canyon Drive and
south of the 1-10 freeway onramp. North Indian Canyon Drive is designated as a
Major Thoroughfare on the City's General Plan Circulation Map; the thoroughfare
is fully improved and will provide access to the proposed use.
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Case No. 5.1228 -- CUP
November 12, 2009
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5. That the conditions to be imposed and shown on the approved site plan are
deemed necessary to protect the public health, safety and general welfare and
may include minor modification of the zone's property development standards.
Such conditions may include:
a. Regulation of use
b. Special yards, space and buffers
c. Fences and walls
d. Surfacing of parking areas subject to city specifications
e. Requiring street, service road, or alley dedications and improvements or
appropriate bonds
f. Regulation of points of vehicular ingress and egress
g. Regulation of signs
h. Requiring landscaping and maintenance thereof
i. Requiring maintenance of grounds
j. Regulation of noise, vibrations, odors, etc.
k. Regulation of time for certain activities
I. Time period within which the proposed use shall be developed
m. Duration of use
n. Dedication of property for public use
o. Any such other conditions as will make possible the development of the city in
an orderly and efficient manner and in conformity with the intent and purposes
set forth in this Zoning Code, including but not limited to mitigation measures
outlined in an environmental assessment.
All proposed conditions of approval are necessary to ensure compliance with the
Zoning Ordinance requirements and to ensure the public health, safety and
welfare. No minor modifications to development standards are included.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Conditional Use Permit 5.1228, subject to the conditions set
forth in the attached Exhibit A.
ADOPTED this 120' day of November, 2009.
AYES: 6, Donenfeld, Hudson, Conrad, Scott, Caffery and Cohen
NOES: None.
ABSENT: 1, Munger
ABSTAIN: None.
ATTEST:
CITY OF PALM SPRINGS, CALIFORNIA
(ED
RESOLUTION NO. 6100
EXHIBIT A
Case 5.1228 CUP
Del Taco, LLC
6610 North Indian Canyon Drive
November 12, 2009
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
5.1228 CUP except as modified by 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 Indemnification. 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 5,1228 CUP. The City of Palm Springs will promptly
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Conditions of Approval
5.1228 CUP — Del Taco
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November 12, 2009
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 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, 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.
ADM 7 Time Limit on Approval. Approval of this Conditional Use Permit, including
Architectural Approval, 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. Once constructed,
the Conditional Use Permit, provided the project has remained in compliance
with all conditions of approval, does not have a time limit.
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 Public Art Fees. 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 112% for
commercial projects or 114% 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
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5.1228 CUP — Del Taco November 12, 2009
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.
ADM 10 Grounds for Revocation. Non-compliance with any of the conditions of this
approval or with City codes and ordinances, State laws; any valid citizen
complaints or policing and safety problems (not limited to excessive alcohol
consumption, noise, disturbances, signs, etc) regarding the operation of the
establishment; as determined by the Chief of Police or the Director of Building
and Safety, may result in proceedings to revoke the Conditional Use Permit.
In addition, violations of the City Codes and Ordinances will result in
enforcement actions which may include citations, arrest, temporary business
closure, or revocation of this permit in accordance with law.
ADM 11 Comply with City Noise Ordinance. This use shall comply with the provisions
of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code.
Violations may result in revocation of this Conditional Use Permit.
ADM 12 Seating Count. The applicant shall be limited to a maximum of 47 indoor
seats as shown on the approved floor plan. Any deviation from these
numbers shall require prior approval by the Director of Planning.
ADM 13 Conditional Use Permit Availability. The applicant shall provide a copy of this
Conditional Use Permit to all buyers and potential buyers.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV1 Coachella Valley Multiple -Species Habitat Conservation Plan (CVMSHCP)
Local Development Permit _Fee (LDMF) required. All projects within the City
of Palm Springs are subject to payment of the CVMSHCP LDMF prior to the
issuance of certificate of occupancy.
ENV2 Notice of Exemption. The project is exempt from the California Environmental
Quality Act (CEQA); therefore, an administrative fee of $64 shall be submitted
by the applicant in the form of a money order or a cashier's check payable to
the Riverside County Clerk within two business days of the Commission's
final action on the project. This fee shall be submitted by the City to the
County Clerk with the Notice of Exemption. Action on this application shall
not be considered final until such fee is paid (projects that are Categorically
Exempt from CEQA).
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 Ughting Standards of the Palm Springs Zoning ordinance,
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5.1228 CUP — Del Taco
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November 12, 2009
shall be submitted for approval to the Department of Planning Services prior
to issuance 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. The applicant shall submit a landscape and irrigation plan to
the Director of Planning for review and approval prior to the issuance of a
building permit. Landscape plans shall be wet stamped and approved by the
Riverside County Agricultural Commissioner's Office prior to submittal. Refer
to Chapter 8.60 of the Municipal Code for specific requirements.
PLN 3. Sign Applications Required. No signs are approved by this action. Separate
approval and permits shall be required for all signs in accordance with Zoning
Ordinance Section 93.20.00.
PLN 4. Flat Roof Requirements. Roof materials on flat roofs must conform to
California Title 24 thermal standards for "Cool Roofs". Such roofs must have
a minimum initial thermal emittance of 0.75 and minimum initial solar
reflectance of 0.70. Only matte (non-specular) roofing is allowed in colors
such as off-white, beige or tan. Bright white should be avoided where
possible.
PLN 5. Maintenance of Awnings & Projections. All awnings shall be maintained and
periodically cleaned
PLN 6. 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 7. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be
permitted on any facade on the proposed building that is visible from adjacent
streets or residential and commercial areas.
PLN 8. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 9. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 10. 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 proposed building site unless a parking management
plan has been approved.
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5.1228 CUP — Del Taco November 12, 2009
PLN 11. Bicycle Parking. The project shall be required to provide secure bicycle
parking facilities on site for use by residents and commercial/retail patrons
and owners. Location and design shall be approved by the Director of
Planning.
PLN 12. Added by Planning Commission on November 12 2009. The colors provided
on the materials board shall be revised to match the colors on the approved
elevations.
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
STREETS
ENG 1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
ENG 2. The City has acquired on behalf of the California Department of Transportation
("Caltrans") a portion of this property required for construction of the Indian
Canyon Drive 1 Interstate 10 Interchange Project to be constructed by the City.
The portion of the property acquired in fee is identified as Caltrans Parcel
20557-1, acquired by Grant Deed recorded September 16, 2009, as Instrument
No. 482151, records of Riverside County, California. The applicant shall be
required to obtain Caltrans approvals for use of this area.
ENG 3. The applicant shall be required to appropriate landscape Caltrans Parcel
20557-1 with substantial landscaping, as required by the City Engineer. A
landscaping plan showing planting of large shrubs, palm trees, decorative
hardscape and boulders, and other landscape materials, shall be submitted to
the City Engineer for approval. It is the intent of this condition that this area
be significantly landscaped to the degree allowed by Caltrans. The
landscaping plan shall conform to all Caltrans requirements. The landscaping
plan shall require review and approval by the Architectural Advisory Committee
prior to the City Engineer's approval. Following the City Engineer's approval,
the applicant shall submit the landscaping plan to Caltrans for final approval
ME
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November 12, 2009
and permitting. The applicant shall be required to maintain the landscaping in
accordance with Caltrans requirements.
ENG 4. Access to the property is provided by joint use of the existing driveway by the
adjacent property. A copy of the recorded access easement (recorded August
25, 1998, as Instrument No. 356232) shall be submitted to the City Engineer
prior to approval of Precise Grading and Paving Plan.
N. INDIAN CANYON DRIVE
ENG 5. The existing joint use access driveway shall be used. No new access shall be
allowed. The applicant is advised that restricted access rights have been
acquired from the property adjacent to Caltrans Parcel 20557-1.
ENG 6. The City has acquired right-of-way over a portion of this property required for
construction of the Indian Canyon Drive / Interstate 10 Interchange Project to be
constructed by the City. The portion of the property acquired is identified as
Parcel CI-10, acquired by Grant Deed recorded September 16, 2009, as
Instrument No. 482152, records of Riverside County, California. No additional
right-of-way dedication is required.
ENG 7. No new improvements are required adjacent to Indian Canyon Drive. The
applicant is advised that the Indian Canyon Drive / Interstate 10 Interchange
Project to be constructed by the City will require removal and reconstruction of
the existing joint use access driveway, as well as construction of new street
improvements along Indian Canyon Drive. The City has acquired a Temporary
Construction Easement (recorded September 16, 2009, as Instrument No.
482153), which grants the City certain rights to enter the property as required to
construct the Interchange Project. The applicant is advised to review the
Temporary Construction Easement for further information.
ENG 8. All broken or off grade street improvements shall be repaired or replaced.
GARNET AVENUE
ENG 9. Construct a 24 feet wide full access driveway.approach in accordance with City
of Palm Springs Standard Drawing No. 201. The centerline of the driveway
approach shall be located approximately 25 feet west of the east property line
of that parcel identified by Assessor's Parcel No. 669-091-018.
ENG 10. All broken or off grade street improvements shall be repaired or replaced.
ON -SITE
ENG 11. The southerly 24 feet of the site is restricted by an existing access easement
recorded August 25, 1998, as Instrument No. 356233. Access through this
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5.1228 CUP — Del Taco November 12, 2009
area shall be preserved in accordance with the terms of the easement. A copy
of the easement shall be provided to the City Engineer with submittal of the
Precise Grading and Paving Plan.
ENG 12. The minimum pavement section shall be 2Y2 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 13. The applicant shall obtain necessary easements or other approvals from the
adjacent property owner to construct the proposed improvements extending off -
site to Garnet Avenue. A copy of a recorded access easement shall be
submitted to the City Engineer prior to approval of the Precise Grading and
Paving Plan.
SANITARY SEWER
ENG 14. The City recommends that the applicant contact the Riverside County Health
Department and the Colorado River Basin Regional Water Quality Control
Board (RWQCB) for requirements related to the construction of private septic
systems for non-residential uses. Private septic systems may now require
additional environmental requirements and/or permits from Riverside County
and the RWQCB.
ENG 15. This project is subject to the requirements of the Mission Springs Water District.
ENG 16. Submit public sewer improvement plans prepared by a California registered civil
engineer to Mission Springs Water District (MSWD) for review and approval. All
bonds required by MSWD for the sewer service must be submitted to MSWD
prior to the final design plans being signed. The plans shall be approved by
MSWD prior to issuance of building permit.
ENG 17. Construct public sewer improvements, in accordance with sewer improvement
plans approved by Mission Springs Water District (MSWD). A private sewer
lateral shall be installed for future connection of the private on -site sewer
system, to the public sewer, in accordance with the Mission Springs Water
District Master Sewer Plan, specifications, rules, laws, ordinances, and
regulations. All required sewer improvements shall be completed prior to
issuance of building permit.
01
ENG 18. The applicant shall be required to connect to the MSWD public sewer system
as soon as it is available, 3
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ENG 19. 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 contractors Fugitive
Dust Control Plan shall be prepared by staff that has completed the South
Coast Air Quality Management District (AQMD) Coachella Valley Fugitive
Dust Control Class. The applicant and/or its grading contractor shall provide
the Engineering Division with current and valid Certificate(s) of Completion
from AQMD for staff that has 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.go_v. 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; a copy of the associated
Hydrology Study/Report; a copy of the project -specific Water Quality
Management Plan); and a copy of recorded access easement agreements
affecting the property.
ENG 20. 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 or the Tribal Archaeologist at
(760) 699-6800, 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.
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ENG 21. In accordance with an approved PM-10 Dust Control Plan, perimeter fencing
shall be installed. Fencing shall have screening that is tan in color; green
screening will not be allowed. Perimeter fencing shall be installed after
issuance of Grading Permit, and immediately prior to commencement of
grading operations.
ENG 22. 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 23. 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 24. Notice of Intent to comply with the California General Construction Stormwater
Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009)
is required for the proposed development via the California Regional Water
Quality Control Board (Phone No. (760) 346-7491). A copy of the executed
letter issuing a Waste Discharge Identification (WDID) number shall be provided
to the City Engineer prior to issuance of a grading or building permit.
ENG 25. Projects causing soil disturbance of one acre or more, must comply with the
General Permit for Stormwater Discharges Associated with Construction
Activity, and shall prepare and implement a stormwater pollution prevention
plan (SWPPP). The project applicant shall cause the approved final project -
specific WQMP to be incorporated by reference or attached to the project's
SWPPP as the Post -Construction Management Plan. A copy of the up-to-date
SWPPP shall be kept at the project site and be available for review upon
request.
ENG 26. 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 erosionlblowsand
relating to this property and development.
ENG 27. 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.
Resolution 6100
Conditions of Approval
5.1228 CUP— Del Taco
Page 10 of 17
November 12, 2009
ENG 28. The applicant shall provide all necessary geotechnical/soils inspections and
testing in accordance with the GeotechnicallSoils Report prepared for the
project. All backfill, compaction, and other earthwork shown on the approved
grading plan shall be certified by a California registered geotechnical or civil
engineer, certifying that all grading was performed in accordance with the
GeotechnicallSoils Report prepared for the project. Documentation of all
compaction and other soils testing are to be provided. No certificate of
occupancy will be issued until the required certification is provided to the City
Engineer.
ENG 29. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of -Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the export
of soil will be required to present a clearance document from a Department of
Food and Agriculture representative in the form of an approved "Notification of
Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside,
and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading
Plan (if required). The California Department of Food and Agriculture office is
located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208).
WATER QUALITY MANAGEMENT PLAN
ENG 30. 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 31. 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 the approved Final Project -Specific 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 Property Owner Association Covenants, Conditions,
and Restrictions (CC&R's); 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 the issuance of any
grading or building permits.
ENG 32. Prior to issuance of certificate of occupancy, the applicant shall:
Resolution 6100
Conditions of Approval
5.1228 CUP — Del Taco
Page 11 of 17
November 12, 2009
a) Demonstrate that all structural BMP's have been constructed and installed in
conformance with approved plans and specifications;
b) Demonstrate that applicant is prepared to implement all non-structural
BMP's included in the approved Final Project -Specific WQMP, conditions of
approval, or grading/building permit conditions: and,
c) Demonstrate that an adequate number of copies of the approved Final
Project -Specific WQMP are available for the future owners (where
applicable).
DRAINAGE
ENG 33. All stormwater runoff passing through the site shall be accepted and conveyed
across the property in a manner acceptable to the City Engineer. For all
stormwater runoff falling on the site, on -site retention or other facilities approved
by the City Engineer shall be required to contain the increased stormwater
runoff generated by the development of the property as described in the
Preliminary Hydrology Study prepared by Amir Engineering & Surveying (dated
October 22, 2009), and to determine required stormwater runoff mitigation
measures for the proposed development. Final retention basin sizing and other
stormwater runoff mitigation measures shall be finalized in the final hydrology
study for this project and approved by the City Engineer. Redesign or changes
to site configuration or layout consistent with the findings of the final hydrology
study may be necessary upon review and approval of the final hydrology study.
ENG 34. Direct release of on -site nuisance water or stormwater runoff shall not be
permitted to N. Indian Canyon Drive, Garnet Avenue, or any part of Interstate
10. 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. 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 (BMP's).
ENG 35. This project will 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 ether means for pre -treating stormwater runoff, will be
required by regulatic.ns imposed by the RWQCB. It shall be the applicant's
Resolution 6100
Conditions of Approval
5.1228 CUP — Del Taco
Page 12 of 17
November 12, 2009
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. 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 (if any).
ENG 36. The applicant shall provide a summary of existing and proposed drainage to
Caltrans, such that a determination of any impacts to the Interstate 10 on -ramp.
can be made by Caltrans.
GENERAL
ENG 37. Any utility trenches or other excavations within existing asphalt concrete
pavement of off -site streets required by the proposed development shall be
backfilled and repaired in accordance with City of Palm Springs Standard
Drawing No. 115. The developer shall be responsible for removing, grinding,
paving and/or overlaying existing asphalt concrete pavement of off -site streets
as 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.
ENG 38. All proposed utility lines shall be installed underground.
ENG 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.
ENG 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.
ENG 41. The original improvement plans prepared for the proposed development and
approved by the City Engineer (if required) shal.l be documented with record
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Conditions of Approval
5.1228 CUP — Del Taco
Page 13 of 17
November 12, 2009
drawing "as -built" information and returned to the Engineering Division prior to
issuance of a final certificate of occupancy. Any modifications or changes to
approved improvement plans shall be submitted to the City Engineer for
approval prior to construction.
ENG 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.
ENG 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 in
accordance with City of Palm Springs Standard Drawing No. 904.
ENG 44. 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 45. As determined by the City of Palm Springs Del Taco Traffic Impact Analysis
(revised October 13, 2009) submitted by Kunzman Associates, the following
mitigation measure(s) will be required:
a. Pay a fair share contribution determined as 1.00% (or $2,500) for the future
interconnection of the traffic signal at the intersection of N. Indian Canyon
Drive and 20th Avenue. The applicant shall pay the fair share contribution
prior to issuance of certificate of occupancy.
ENG 46. The off -site recreational vehicle (RV)/bus parking area along the east property
lines of those parcels identified by Assessor's Parcel No. (APN) 669-091-017
and APN 669-091-018, shall be appropriately signed and striped to indicate the
existence of the RV/bus parking area located east of the two-way private
travelway.
ENG 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.
ENG 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. D
ENG 49. Construction signing, lighting and barricading shall be provided during all
phases of construction as required by City Standards or as directed by the City
Resolution 6100
Conditions of Approval Page 14 of 17
5.1228 CUP— Del Taco November 12, 2009
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 for Streets and Highways, dated
September 26, 2006, or subsequent editions in force at the time of construction.
ENG 50. 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 conditions are subject to final plan check and review. Initial fire
department conditions have been determined on the site plan dated
7/17/09. The submitted plans do not provide enough detail. Additional
requirements may be required at that time based on revisions to site plans.
FID 2. Fire Department Conditions were based on the 2007 California Fire Code.
Four complete sets of plans for private fire. service mains, fire alarm, or fire
sprinkler systems must be submitted at time of the building plan submittal.
FID 3. 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 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.
FID 4. Buildings and Facilities (CFC 503.1.1): Approved fire apparatus access
roads shall be provided for every facility, building or portion of a building
hereafter constructed or moved into or within the jurisdiction. The fire
apparatus access road shall comply with the requirements of this section and
shall extend to within 150 feet (45 720 mm) of all portions of the facility and all
portions of the exterior walls of the first story of the building as measured by
an approved route around the exterior of the building or facility.
FID 5. Fire Lane Marking (CFC 503.3): Approved signs or other approved notices
shall be provided for fire apparatus access roads to identify such roads or
prohibit the obstruction thereof. Signs or notices shall be maintained in a
clean and legible condition at, all times and be replaced or repaired when
necessary to provide adequate visibility.
FID 6. Roadway Dimensions: 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.
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Conditions of Approval Page 15 of 17
5.1228 CUP — Del Taco November 12, 2009
FID 7. Surface (CFC 503.2.3): Fire apparatus access roads shall be designed and
maintained to support the imposed loads of fire apparatus (73,000 lbs. GVW)
and shall be surfaced so as to provide all-weather driving capabilities.
FID 8. Turning radius (CFC 503.2.4): Fire access road turns and corners shall be
designed with a minimum inner radius of 25 feet and an outer radius of 43
feet. Radius must be concentric.
FID 9. Premises Identification (CFC 505.1): New and existing buildings shall have
approved address numbers, building numbers or approved building
identification placed in a position that is plainly legible and visible from the
street or road fronting the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numerals or alphabet letters.
Numbers shall be a minimum of 4" high with a minimum stroke width of 0.5".
FID 10. Key Box Required to be Installed (CFC 506.1): Where access to or within a
structure or an area is restricted because of secured openings or where
immediate access is necessary for life-saving or fire -fighting purposes, the fire
code official is authorized to require a key box to be installed in an approved
location. The key box shall be flush mount type and shall contain keys to gain
necessary access as required by the fire code official.
FID 11. Operational Fire Hydrant(s) (CFC 508.1, 508.5.1 & 1412.1): A new
commercial fire hydrant shall be installed within 250 feet of all combustible
construction. It shall be installed and made serviceable prior to and during
construction. No landscape planting, walls, or fencing is permitted within 3
feet of fire hydrants, except ground cover plantings.
FID 12. Identification (CFC 510.1): Fire protection equipment shall be Identified in an
approved manner. Rooms containing controls for air-conditioning systems,
sprinkler risers and valves, or other fire detection, suppression or control
elements shall be identified for the use of the fire department. Approved signs
required to identify fire protection equipment and equipment location, shall be
constructed of durable materials, permanently installed and readily visible.
FID 13. NFPA 13 Fire Sprinkler System is Required: The location of this project is
beyond the five-minute fire department emergency response time and will
require the installation of an approved automatic fire sprinkler system. Only a
C-16 licensed fire sprinkler contractor shall perform system design and
installation. System to be designed and installed in accordance with NFPA
13, 2002 Edition, except the seismic bracing and restraints shall comply with
NFPA 13, 2007 Edition using Cp of 0.74 and Ilr Ratio of 200. No portion of the
fire sprinkler system shall be installed prior to plan approval.
FID 14. Fire Hydrant & FDC Location (CFC 912.2): 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,
EV
Resolution 6100
Conditions of Approval
5,1228 CUP Del Taco
Page 16 of 17
November 12, 2009
railroad tracks or driveways or areas subject to flooding or hazardous material
or liquid releases.
FID 15. Fire Department Connections (CFC 912.2.1 & 912.3): 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.
FID 16. Fire Flow (CFC 508.3): Fire flow requirements for buildings or portions of
buildings and facilities are estimated to be 1,500 GPM with the installation of
an automatic fire sprinkler system. The fire flow was based on Appendix B of
the 2007 CFC.
FID 17. Valve and Water -Flow Monitoring (CFC 903.4): All valves controlling the
fire sprinkler system water supply, and all water -flow switches, shall be
electrically monitored. All control valves shall be locked in the open position.
Valve and water -flow alarm and trouble signals shall be distinctly different and
shall be automatically transmitted to an approved central station.
FID 18. Central Station Protective Signaling Service (CFC 903.4.1): A UL listed
and certified Protective Signaling Service (Central Station Service) is
required. Provide the Fire Department with proof of listing and current
certificate. The Fire Department shall be notified immediately of change in
service.
FID 19. Audible Water Flow Alarms (CFC 903.4.2): An approved audible sprinkler
flow alarm (Wheelock horn/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.
FID 20. Fire Alarm System: Fire alarm system is required and installation shall
comply with the requirements of NFPA 72, 2002 Edition.
FID 21. Portable Fire Extinguisher (CFC 906.1): Portable fire extinguishers shall be
installed. Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet
of floor or grade travel distance for normal hazards. Portable fire
extinguishers shall not be obstructed or obscured from view. Portable fire
extinguishers shall be installed so that the top is not more than 5 feet above
the floor.
FID 22. Portable Fire Extinguishers for Food Processing Equipment (CFC
906.4): In addition to the fixed system, a fire extinguisher listed and labeled
for Class K fires shall be installed within 30 feet of commercial food heat
Resolution 6100
Conditions of Approval Page 17 of 17 f�
5.1228 CUP — Del Taco November 12, 2009 v
processing equipment, as measured along an unobstructed path of travel.
The preferred location is near the exit from the cooking equipment area.
FID 23. Fire Suppression Systems Testing (CFC 904.4 & NFPA 17A: 6.4.1): The
hood and duct fire extinguishing system shall be function tested prior to final
acceptance. Call the fire prevention secretary at 760-323-8186 for an
inspection appointment.
END OF CONDITIONS