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HomeMy WebLinkAboutPC Resolution _6123- Case 5.1135- PD 334 TTM35623RESOLUTION NO. 6123 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING A ONE-YEAR TIME EXTENSION FOR PLANNED DEVELOPMENT DISTRICT 334 FROM MARCH 19, 2010 TO MARCH 18, 2011, A PREVIOUSLY APPROVED 184-UNIT CONDOMINIUM RETIREMENT COMMUNITY ON AN APPROXIMATELY 13.28- ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF EAST PALM CANYON DRIVE AND MATTHEW DRIVE, ZONE PDD334, SECTION 30, APN 681-170-038 & -039 WHEREAS, Senior Housing Partners III Riverside, LLC ("Applicant") has filed an application with the City pursuant to Section 94.04.00(H) and 94.04,00(i)(1) of the Palm Springs Zoning Code and Chapter 9.63.110 of the Palm Springs Municipal Code for a one-year time extension to commence construction for PD 334 located at southwest corner of East Palm Canyon Drive and Matthew Drive. WHEREAS, on March 10, 2010, a public meeting on the application was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Department has reviewed this project under the provisions of the California Environmental Quality Act (CEQA), and has determined that a time extension request is considered a "project" pursuant to the terms of the California Environmental Quality Act (CEQA). A Final Mitigated Negative Declaration was previously adopted by the City Council on March 19, 2008 for the project. Pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, further environmental documentation is not necessary because the changed circumstances of the project will not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The time extension request would not result in any new environmental impacts beyond those already assessed in the certified environmental impact report. 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. Planning Commission Resolution No. 6123 Case No. 5,1135-PD 334 March 10, 2010 0 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves a one-year time extension for PD 334 from March 19, 2010 to March 18, 2011. ADOPTED this 10th day of March, 2010. AYES: 6, Scott, Munger, Hudson, Donenfeld, Conrad and Caffery NOES: None ABSENT: 1, Chair Cohen ABSTAIN- None ATTEST: ra' A. ingdi P Direr or of PlaServices CITY OF PALM SPRINGS, CALIFORNIA w Ee EXHIBIT A Case 5.1135 PD334 Case TTM 35623 Rainbow Vision Palm Springs Southwest Corner of East Palm Canyon Drive and Matthew Drive REVISED CONDITIONS OF APPROVAL March 10, 2010 ENGINEERING REVISED CONDITIONS STREETS Add the following condition as follows: ENG 45a. The Public street im rovements outlined in these conditions of approval are intended to convey to the applicant an accurate scope of required improvements, however, the City Engineer reserves the ri hg t to require reasonable additional improvements as may be determined in the course of the review and aPDroval of the street improvement plans required by these conditions. GRADING Modify the following condition as follows: ENG 81. Prior to approval of a Grading Plan, the applicant shall obtain written approval to proceed with construction from the Agua Callente 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: Add the following conditions as follows: ENG 81a. 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 Case No. 5 1135; PD-334; TTM36623 March 10, 2010 of Grading Permit, and immediately prior to commencement of _grading operations. ENG 81b 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 round to resist wind loading. ENG 81c 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 Oermanently stabilized in accordance with Palm Sl2rings Municipal Code Section 8.50.022. Followinq stabilization of all disturbed areas erimeter fencingshall hall be removed, as reou.ired b the he City Engineer. _ENG 81d. Prior to issuance of gradingpermit, the applicant_ shall provide verification to the City that the fee has been paid to the Aqua Caliente Band of Cahuilla Indians in accordance with the Tribal Habitat_ Conservation PIa�THCP). ENG 82a The applicant shall provide pad elevation certifications for all building pads in conformance with the approved grading plan to the Engineering Division prior to construction of any building foundation_ Modify the following condition as follows: ENG 83. A Notice of Intent to Comply with Statewide California General Construction Stormwater Permit 2002) rater 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 permit. Add the following conditions as follows: ENG 83a. Proiects 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 Rrevention plan SWPPP . A copy of the up-to-date SWPPP shall be ke t at the pro.ject site and be available for review upon reguest. ENG 85a The applicant shall provide all necessary geotechnicallsoils inspections and testing --in accordance with the Geotechnical/Soils Report prepared for the ro'ect. All backfill compaction, and other earthwork shown on the approved Case No. 5.1135; PD-334; TTM35623 March 10, 2010 grading Plan shall be certified by a California registered geotechnical or civil engineer, certifying that all grading was performed in accordance with the Geotechnical/Soils Re ort Prepared for the progect. 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 Citv Engineer. DRAINAGE Modify the following conditions as follows: ENG 87. This property is located within a special flood hazard area (SFHA), and is subject to the provisions of Chapter 98.17:94 8.68 et. seq. ("Flood Damage Prevention") of the Palm Springs ZGniAq Municipal Code, and applicable state and federal laws and regulations. Specifically, this property is located within a designated SFHA identified by Zone A0 (Depth = 2 feet) as shown on the current Federal Insurance Rate Map (FIRM) for the City of Palm Springs, California, Riverside County, Community Panel Number , 4999. 06065C1586G dated Au ust 28 2008. The applicant shall comply with all applicable local, state and federal laws and regulations associated with development occurring within a SFHA. Accordingly, development of this site shall be subject to conditions established under two alternative scenarios, identified herein: Alternative 1: Development of the site under this scenario shall occur subject to a determination by the City Engineer that construction of the Line 41 storm drain system, as designed by Riverside County Flood Control District (RCFC), is fully funded. Construction of the Line 41 storm drain system by RCFC will satisfy the provisions of Chapter 93.1-7.00 8.68 et. seq. ("Flood Damage Prevention") of the Palm Springs Zoning Municipal Code, and applicable state and federal laws and regulations, as they relate to development of this project. Under this scenario, the following shall apply: a. The applicant shall enter into Line 41 Developer Agreement with the City and RCFC, in an amount representing a fair share percentage of the construction cost of the Line 41 storm drain system, as approved by the City Engineer. Appropriate financial security, as required by the City Engineer, shall be provided concurrently with approval of the Line 41 Developer Agreement. b. Approval by the City Engineer of a grading plan for the project site shall be withheld until final approval of the Line 41 Developer Agreement by the City. c. Commencement of grading, issuance of building permits, and issuance of certificates of occupancy, facilitating development within the 100-year special Case No. 5.1135; PD-334; TTM3562a March 10, 2010 flood hazard area shall occur in accordance with the provisions of the Line 41 Developer Agreement. Alternative 2: Development of the site under this scenario shall occur subject to a determination by the City Engineer that construction of the Line 41 storm drain system, as designed by Riverside County Flood Control District (RCFC), is not fully funded. Under this scenario, the following shall apply: a. In accordance with Chapter 8.68.190(AA1 of the Palm Springs Zoning Municipal Code, the Tentative Tract Map shall be revised to identify the Special Flood Hazard Area(s) (SFHA's) and the elevations of the base flood (BFE's). The final conformed copy of the approved Tentative Tract Map shall include the required information, including delineation of SFHA's and identification of associated BFE's. b. In accordance with Chapter 92 17 4 0 8.68.150 of the Palm Springs Zoning Municipal Code, a Plead W t at a minimum, the following items shall be submitted to the City by the applicant before construction or other development begins within any Special Flood Hazard Area (SFHA). The : plans in duplicate triplicate drawn to scale showing the ire; location, dimensions, and elevation of the area in question, existing or proposed structures, 41-,-storage of materials and equipment and their location, proposed locations of water 0 supply, sanitary sewer, and other utilities; grading information showing existing and proposed contours any proposed fill and drainage facilitiesl- l the lon-ation of the feFegeinq. The submittals shall be subject to review and approval by the City Engineer. Specifically, the following information is also required: i. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all proposed residential structures as required by Chapter 8.68.170(c)(1) of the Palm Springs Municipal Code. er Proposed elevation in relation to mean sea level to which any nonresidential structures will be floodproofed, if as required in Chapter 8.68.170 c 2 of the Palm Springs Zoning Municipal Code; and and detailed in FEMA Technical Bulletin TB 3-93. iii. All appropriate certifications listed in Chapter 8.68.140(e) of the Palm Springs Zoning Municipal Coded.. iv. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Case No. 5.1135; PD-334; TTM35623 March 10, 2010 v. Base Flood Elevation BFE information as specified in Chapter 8.68.070 or Section 8.68.140(c)Q of the Palm Springs Municipal Code, vi. Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in Chapter 8.68.170 c 2 of the Palm Springs Municipal Code. vii. For a crawl -space foundation location and total net area of foundation openings as required in Chapter 8.68.170(c)(3) of the Palm Springs Municipal Code and detailed in FEMA Technical Bulletins 1-93 and 7-93. c. The applicant shall provide the Building Department with the elevation of the lowest floor (including basement). The elevation certification shall be done, on a form acceptable to FEMA, by a registered professional civil engineer or surveyor. d. In accordance with Chapter 8(G)(6} 8.68.140 A 5 and Chapter 8.68.140 D 2 b of the Palm Springs Zoning Municipal Code and 44 CFR 60.3(d)(4), the applicant shall be required to submit an application to the Federal Emergency Management Agency (FEMA) for FEMA's issuance of a Conditional Letter of Map Revision (CLOMR). A complete application for the CLOMR, including all appropriate technical studies and hydraulic analyses, and payment of required FEMA application fees, shall be submitted to and approved by FEMA fbF Feview and appFeval, prior to approval of a grading plan and storm drain plan and _issuance of grading_ permit. Final City approvals associated with this project, including approval of a Grading Plan for any portion of this property, the approval of the storm drain plan, or approval of a Final Map, will not be given by the City, until approval of the applicant's CLOMR application to FEMA is provided to the City by evidence of a CLOMR issued by FEMA, e. Within six months of information becoming available the applicant shall be required to submit an application to the Federal Emergency Management Agency (FEMA) for FEMA's issuance of a Letter of Map. Revision (LOMR) 1� in accordance with Chapter 8.68.140 A 5 and Cha ter 8.68.140 D 2 b of the Palm Springs Zoning Municipal Code and 44 CFR 60.3(d)(4), the applioant shall be R-,quiFed te submit an applioation to the I=ett8F Of Map Revision (LOMR). A complete application for the LOMR, including all appropriate technical studies and hydraulic analyses, record drawings ("as-built's"), topographic surveying, and payment of required FEMA application fees, shall be submitted to and approved by FEMA, prior to issuance of a building permit. A Ssspy Buildin_g Permit for construction of any building on this property currently located within.a special flood hazard area will not be Case No. 5,1135; PD-334; TTM35623 March 10, 2010 issued until the City receives final approval of the applicant's LOMR0 application to FEMA by evidence of a LOMR issued by FEMA. The proposed drainage improvements (15, 20, and 30 feet wide concrete culverts) shown on the Preliminary Rough Grading Plan prepared by Rastra Engineering Inc., are not approved. Off -site drainage improvements shall be designed and constructed in accordance with the Master Drainage Plan for the Palm Springs Area, as required by the City Engineer. Submit storm drain improvement plans prepared by a California registered civil engineer to Riverside County Flood Control & Water Conservation District (RCFC) for construction of those portions of the Line 41 storm drain system upstream and downstream of the project site, as required by the City Engineer. The Line 41 storm drain improvement plans shall be approved by RCFC prior to approval of a grading plan and issuance of a grading permit. ENG 92. This project flaay 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 other means for pre -treating stormwater runoff, may will be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre -treat stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. # requiFed, Such measures shall be designed and installed on -site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development. GENERAL Modify the following condition as follows: ENG 94. On phases or elements of construction following initial site grading (e.g., sewer, storm drain, or other utility work requiring trenching) associated with this project, the applicant shall be responsible for coordinating the scheduled construction with the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. Unless the project site has previously been waived from any requirements for Tribal monitoring, it is the applicant's responsibility to notify the Tribal Historic Preservation Officer, RiGhaFd Beg ay (769 669 6907), or the Tribal Archaeologist, -Pattie -Tuck (760 669 6907, at 760 699-6800, for any subsequent phases or elements of construction that might require Tribal monitoring. If required, it is the responsibility of the applicant to Case No. 5.1135; PD-334; 7rM35623 March 10, 2010 coordinate scheduling of Tribal monitors during construction, and to arrange payment of any required fees associated with Tribal monitoring. Tribal monitoring requirements may extend to off -site construction performed by utility companies on behalf of the applicant (e.g. utility line extensions in off -site streets), which shall be the responsibility of the applicant to coordinate and arrange payment of any required fees for the utility companies. TRAFFIC Modify the following conditions as follows: ENG 107. Relocate and modify the existing traffic signal poles, conduit, pull boxes and all appurtenances located on the southwest corner of East Palm Canyon Drive (State Highway 111) and Gene Autry Trail/Matthew Drive, in accordance with the requirements of the City of Palm Springs and Caltrans. The applicant shall submit traffic signal modification plans prepared by a California registered civil engineer or traffic engineer for review and approval by the remity 4igiRe,,. Caltrans. The traffic signal shall be relocated in conjunction with the widening of East Palm Canyon Drive, and prior to issuance of a certificate of occupancy, unless otherwise allowed by the City Engineer. ENG 108. Install traffic striping, signage and markings on East Palm Canyon Drive and "Matthew Drive as required in conjunction with the widening of the streets. Submit traffic striping and signage plans, prepared by a California registered civil engineer, for review and approval by the City Engineer. Required traffic striping and signage improvements shall be completed in conjunction with re aired street improvements, to the satisfaction of the Ci En ineer prior to issuance of a certificate of occupancy, unless otherwise allowed by the City Engineer. ENG 111. Construction signing, lighting and barricading shall be provided feFOn ill-Faiests 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 State of GalifGFR;a, Depai4i:%Rt Part 6 "Temoorary Traffic Control" of the California Manual on Uniform Traffic Control Devices for Streets and Highways, dated September 26 2006, or subsequent additieditions in force at the time of construction. N Lol