HomeMy WebLinkAboutPC Resolution _6125-Case 3.3405- MAJ 6.519 VARRESOLUTION NO.6125
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
CASE 3.3405-MAJ AND CASE 6.519-VAR FOR THE
CONSTRUCTION OF A TWO-STORY OFFICE BUILDING
WITH ASSOCIATED LANDSCAPING AND OFF-STREET
PARKING, INCLUDING A REDUCED PARKING SETBACK
TO STREET PROPERTY LINE FOR THE LOCATED AT 4001
EAST RAMON ROAD, ZONE P, SECTION 19.
WHEREAS, Ramon Partnership, owners, have filed an application with the City
pursuant to Sections 94.04.00, 94.06.00 and 92.08.00 of the Palm Springs Zoning Code
(PSZC) for a Major Architectural Application, Case No. 3.3405-MAJ, and a Variance,
Case No. 6.519 VAR, to allow construction of an office building, associated parking and
landscaping with a reduced parking setback for the property located at 4001 East
Ramon Road, Zone P, Section 19, Assessor's Parcel Numbers 680-041-006, 680-041-
011, 680-042-010, 680-042-012, 680-042-013 AND 680-042-014; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider Case No. 3.3405-MAJ and Case No. 6.519 Variance was given in
accordance with applicable law; and
WHERAS, on March 10, 2010, a public hearing on the applications for architectural
approval and variance approval was held by the Planning Commission in accordance
with applicable law; and
WHEREAS, the proposed project is considered a "project" pursuant to the terms of the
California Environmental Quality Act (CEQA), and is a Categorical Exemption under
Section 15332 in -fill development; 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, all written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to the California Environmental Quality Act (CEQA Guidelines),
the Planning Commission finds that Case No. 3.3405-MAJ and Case No. 6.519
Variance are Categorical Exceptions under Section 15332 in -fill developments. The
Planning commission further finds that there are no reasonably foreseeable potentially
significant environmental impacts resulting from this project.
Section 2: Pursuant to Section 94.04.00 of the PSZC, the Planning Commission
evaluated the project based upon the following architectural review guidelines:
Planning Commission Resolution No. 6125
Case No. 3.3405 - MAJ; 6.519 VAR
March 10, 2010
Page 2 of 5
9. 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;
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;
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;
4. Building design, materials and colors to be sympathetic with desert
surroundings;
5. Harmony of materials, colors and composition of those elements of a
structure, including overhangs, roofs, and substructures, which are visible
simultaneously;
fi. Consistency of composition and treatment;
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,
Based upon the foregoing, the Planning Commission finds as follows:
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 building is
oriented on the site in a balanced manner to allow for a good traffic flow pattern
including an unloading / drop off area.
2. The property to the east is a single -story office and a multiple -family residential
use. The property to the west is a vacant lot and a single -story multiple family
use. The office building avoids monotonous repetition by allowing a two-story
development on a tot which will exceed the minimum lot size and dimensions for
the area. Excessive variety is avoided because other office buildings along
Ramon Road are of Modern design.
3. The building is proposed at a height of twenty-four feet at the maximum permitted
building height, and the parapet screening wall will conceal any rooftop
mechanical equipment. The building elevations incorporate a well designed
parapet for the concealment of mechanical equipment and elevator tower.
K
Planning Commission Resolution No. 6125
Case No. 3.3405 - MAJ; 6.519 VAR
March 10, 2010
Page 3 of 5
4, 6 & 6. The proposed building is a modern design with simple lines and a flat roof.
The color palate consists of soft desert tans and grays. The mass of the building
is stucco with metal and plaster overhangs for solar control and design variation.
Doors and windows feature a gray metallic hue and are designed in a simple
contemporary style to complement the modern architecture. The building is
consistent in style, colors and design features to other office buildings within the
area. The building is oriented to utilize good solar control with a consistent
composition of architectural overhangs and projections,
7. The vacant site contains a scattering of indigenous insignificant shrubbery.
There are no specimen trees to preserve. The landscape design proposes
drought tolerant trees, shrubs and groundcover. Emitters will deliver water to
each individual plant, and the landscaping will be required to meet the new water
efficient landscape ordinance.
Section 3: Pursuant to Section 94.06.00(B) of the PSZC, the Planning Commission,
before it may grant a variance, shall a make finding that in the evidence presented, all
four (4) of the following conditions as set forth in state law exist in reference to the
property being considered:
9. Because of the special circumstances applicable to the subject property,
including size, shape, topography, location or surroundings, the strict
application of the Zoning Code would deprive subject property of
privileges enjoyed by other properties in the vicinity and under identical
zone classification.
2. Any variance granted shall be subject to such conditions as will assure
that the adjustment thereby authorized shall not constitute a grant of
special privilege inconsistent with the limitations upon other properties in
the vicinity and zone in which subject property is situated.
3. The granting of the variance will not be materially detrimental to the pubic
health, safety, convenience, or welfare or injurious to property and
improvements in the same vicinity and zone in which subject property is
situated.
4. The granting of such variance will not adversely affect the general plan of
the city.
Therefore, the Planning Commission finds as follows:
1. The overall property will have an odd rectangular shape with almost half of the
width of the lot being substandard in depth. Specifically, the east half of the
subject site is substandard in depth by more than half of what is required by the
Planning Commission Resolution No. 6125 March 10, 2010
Case No. 3.3405 - MAJ; 6-519 VAR Page 4 of 5 0
zone. Therefore, special circumstances are applicable to the subject property
that justifies a variance to the strict application of the Zoning Code.
2. The requested reduction provides only enough relief to provide the minimum
required parking. No additional uses or density would be provided by the
reduction. These setbacks maintain the integrity of the Zoning Code and do not
constitute a grant of special privilege that is inconsistent with the limitations
placed upon other properties in the vicinity and zoning designation.
3. The variance to allow parking within the front yard has been shown by other
properties along Ramon Road in the vicinity to not be materially detrimental to
the public health, safety or welfare, or injurious to property in the vicinity. All
other parking standards are being followed.
4. The proposed project has been analyzed against the policies of the General Plan
and no inconsistencies have been found.
Section 4: Pursuant to Section 94,06.01 of the PSZC, before the Planning Commission
may approve a minor modification to reduce a front yard setback by not more than
twenty percent, the Commission shall make all of the following findings, based on
evidence presented: 0
1. The requested minor modification is consistent with the general plan,
applicable specific plan(s) and overall objectives of the zoning ordinance.
2. The neighboring properties will not be adversely affected as a result of the
approval or conditional approval of the minor modification.
3. The approval or conditional approval of the minor modification will not be
detrimental to the health, safety, or general welfare of persons residing or
working on the site or in the vicinity.
4. The approval of the minor modification is justified by environmental
features, site conditions, location of existing improvements, or historic
development patterns of the property or neighborhood.
Therefore, the Planning Commission finds as follows:
1. There is no General Plan Policy that would be adversely affected by this
modification, nor are there any Specific Plans associated with this Parcel; and
the manner of modification is expressly provided for by Section 94.06.01(A)(5) of
the Palm Springs Zoning Code.
OR
Planning Commission Resolution No. 6125
Case No. 3.3405 MAJ; 6.519 VAR
March 10, 2010
Page 5of5
2. The modification will allow a building five feet closer to the street. Variances to
allow reduced building setbacks along Ramon Road in the vicinity have been
shown to not adversely affect neighboring properties.
3. All construction will be built to the Uniform Building Code, Palm Springs Zoning
Code as modified by this Administrative Minor Modification, and Fire Code.
Therefore, the conditional approval of the minor modification will not be materially
detrimental to the public health, safety or welfare, or injurious to property in the
vicinity.
4. Development along the south side of Ramon Road within the P zone has had
reduced building setbacks. The following table shows the properties that were
approved with a reduced building setback:
Address
r
Ramon Road
Ramon Road
Ramon Road
Reduction — - —
Reduction of building setback _
10' side yard to 5', 15' front yard setback, parking
within 25' of street
10' side yard to 5', 15' front yard setback, parking
within 25' of street
Therefore, the approval of the minor modification is justified by historic
development patterns of the neighborhood.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approve Major Architectural Application, Case No. 3.3405-MAJ,
and Variance Application, Case No. 6.519-Var, subject to those conditions set forth in
Exhibit A.
ADOPTED this 101h day of March, 2010
AYES: 6, Donenfeld, Hudson, Munger, Conrad, Scott and Caffery
NOES: None
ABSENT: 1, Chair Cohen
ABSTAIN: None
ATTEST:
R
. E ing, AI
Dire f Planni g ervices
CITY OF PALM SPRINGS, CALIFORNIA
RESOLUTION NO. 6125
EXHIBIT A
Case No. 3.3405-MAJ & 6.519-VAR
4001 East Ramon Road
March 10, 2010
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 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
3.3405-MAJ and 6.519-VAR, 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 3.3405-MAJ and 6.519-VAR. The City of Palm
Springs will promptly notify the applicant of any such claim, action, or
Resolution No. 6125
Conditions of Approval
Case 3.3405-MAJ / 6.519-VAR
Page 2 of 16
March 10, 2010
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 the (Planned Development District
(PDD) Tentative Tract Map (TTM) and Major Architectural Applications (MAJ)
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.
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 2.06.00. 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 1/2% for
commercial projects or 1/4% for residential projects with first $100,000 of total
building permit valuation for individual single-family units exempt. Should the
public art be located on the project site, said location shall be reviewed and
approved by the Director of Planning and Zoning and the Public Arts
Commission, and the property owner shall enter into a recorded agreement to
maintain the art work and protect the public rights of access and viewing.
Resolution No. 6125
Conditions of Approval
Case 3.3405-MAJ /6.519-VAR
Page 3of 1
March 10, 2010
ADM 10. Comply with City Noise Ordinance. This use shall comply with the provisions
of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code.
ADM 11. Notice to Tenants. The applicant shall provide all tenants with a copy of the
Conditions of Approval for this project.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Vallev 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. 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 Lighting Standards of the Palm Springs Zoning ordinance,
shall be submitted for approval by the Department of Planning 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 and any state water efficiency ordinances. 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. Prior to submittal to the City,
landscape plans shall also be certified by the Desert Water Agency that they
are in conformance with the State Water Efficient Landscape Ordinance.
Refer to Chapter 8.60 of the Municipal Code for specific requirements.
Irrigation plans shall be approved by the Desert Water Agency prior to
submittal, as required by Assembly Bill 1881.
IN
Resolution No, 6125
Conditions of Approval Page 4 of 16
Case 3.3405-MAJ 16.519-VAR March 10, 2010
PLN 3. Sign Agolications 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. The applicant shall submit a sign program to
the Department of Planning Services prior to the issuance of building permits.
PLN 4. Flat Roof Re uirements. 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(s) that are 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.
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. Transportation Demand Requirement. The project shall comply with the City
of Palm Springs Transportation Demand Management (TDM) Ordinance
which establishes transportation demand management requirements for the
City of Palm Springs. Refer to Chapter 8.4 of the Municipal Code for specific
requirements.
PLN 13. Property Address. The street address numbering I lettering shall not exceed
eight inches in height.
Resolution No. 6125
Conditions of Approval
Case 3.3405-MAJ 16.519-VAR
Page 5 of 1
March 10, 20100
PLN 14. Parking Space Identification. Compact and handicapped spaces shall be
appropriately marked per Section 93.06.00.C.10.
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section 11 of Chapter 8.04 "Building Security
Codes" of the Palm Springs Municipal Code.
BUILDING DEPARTMENT
BLD 1. Prior to any construction on -site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
The Engineering Division recommends that if this application is approved, such
approval is subject to the following conditions being completed in compliance with City
standards and ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
STREETS
ENG 1. Any improvements within the public right-of-way require a City of Palm
Springs Encroachment Permit.
ENG 2. Vacation of existing public right-of-way and public utility easements is
required to facilitate the proposed development application. Vacation of
public right-of-way for Avenida Evelita (60 feet wide) between Ramon Road
and Calle De Ricardo, and vacation of existing public utility easements across
the properties will be necessary. An application for the vacation of the right-
of-way and public utility easements was conditionally approved by the City
Council on May 21, 2008. The conditional approval will be automatically
rescinded on May 21, 2010. In the event the conditions of the City Council's
conditional approval are not satisfied prior to May 21, 2010, the applicant
shall be responsible for submitting a new application, or otherwise extending
the City Council's conditional approval. The applicant shall coordinate final
relocation, adjustment or abandonment of all utilities with the respective utility
agencies; and shall coordinate demolition of existing improvements as
necessary, with the Engineering Division.
ENG 3. Street improvement plans have been submitted to and approved by the City
Engineer for this project; refer to Drawing Numbers 5171-1, 5171-2 and 5171-
3 on file with the Public Works and Engineering Department.
Resolution No, 6125
Conditions of Approval
Case 3.3405-MAJ 16.519-VAR
RAMON ROAD
Page 6 of 16
March 10, 2010
ENG 4. The required street improvements for Ramon Road are identified and shown
on the approved street improvement plans; refer to Drawing Numbers 5171-1,
5171-2 and 5171-3 on file with the Public Works and Engineering
Department.
ENG 5. All broken or off grade street improvements across the entire frontage shall
be repaired or replaced.
CALLS DE RICARDO
ENG 6. Dedicate an easement 2 feet wide along the back of the driveway and access
ramp location for sidewalk purposes.
ENG 7. The required street improvements for Calle De Ricardo are identified and
shown on the approved street improvement plans; refer to Drawing Numbers
5171-1, 5171-2 and 5171-3 on file with the Public Works and Engineering
Department.
ENG 8. All broken or off grade street improvements across the entire frontage shall
be repaired or replaced.
AVENIDA EVELITA
ENG 9. Vacation of existing public right-of-way is required to facilitate the proposed
development application. Vacation of public right-of-way for Avenida Evelita (60
feet wide) between Ramon Road and Calle De Ricardo will be necessary. An
application for the vacation of the right-of-way was conditionally approved by the
City Council on May 21, 2008. The conditional approval will be automatically
rescinded on May 21, 2010. In the event the conditions of the City Council's
conditional approval are not satisfied prior to May 21, 2010, the applicant shall be
responsible for submitting a new application, or otherwise extending the City
Council's conditional approval.
ON -SITE
ENG 10. The minimum pavement section for all on -site pavement 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.
Resolution No. 6125
Conditions of Approval
Case 3.3405-MAJ 16.519-VAR
Page 7of 16
March 10, 2010
ENG 11. Vacation of existing public utility easements is required to facilitate the
proposed development application. Vacation of existing public utility
easements across the properties will be necessary. An application for the
vacation of the public utility easements was conditionally approved by the City
Council on May 21, 2008. The conditional approval will be automatically
rescinded on May 21, 2010. In the event the conditions of the City Council's
conditional approval are not satisfied prior to May 21, 2010, the applicant
shall be responsible for submitting a new application, or otherwise extending
the City Council's conditional approval.
ENG 12. The applicant is advised that relocation and undergrounding of existing
overhead utilities extending adjacent to and through the site is necessary to
facilitate the proposed development and allow for approval of the proposed
public utility easement vacation. The applicant should contact the various
utility companies to determine relocation and undergrounding requirements
that may be necessary to relocate the existing overhead utilities such that the
public utility easements may be abandoned on the property.
SANITARY SEWER
ENG 13. All sanitary facilities shall be connected to the public sewer system. New
laterals shall not be connected at manholes. 0
GRADING
ENG 14. A Precise Grading and Paving Plan, and a Fugitive Dust Control Plan, have
been submitted to and approved by the City Engineer for this project. An
updated Fugitive Dust Control Plan meeting all current City requirements shall
be submitted to and approved by the City Engineer prior to issuance of a
grading permit.
ENG 15. Prior to 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.
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.
ENG 16. In accordance with an approved PM-10 Dust Control Plan, perimeter fencing O
shall be installed. Fencing shall have screening that is tan in color; green
screening will not be allowed. Perimeter fencing shall be installed after
Resolution No. 6125
Conditions of Approval
Case 3.3405-MAJ / 6.519-VAR
Page 8 of 16
March 10, 2010
issuance of Grading Permit, and immediately prior to commencement of
grading operations.
ENG 17. 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 18. 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 19. Drainage swales shall be provided adjacent to all curbs and sidewalks to
keep nuisance water from entering the public streets, roadways, or gutters.
ENG 20. 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 21. 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 22. In accordance with City of Palm Springs Municipal Code, Section 8.50.025
(c), the applicant shall post with the City a cash bond of two thousand dollars
($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand
relating to this property and development.
ENG 23. A Geotechnical/Soils Report prepared by a California registered Geotechnical
Engineer has been submitted to the City Engineer and incorporated as a part
of the approved Precise Grading and Paving Plan; refer to the preliminary
soils report prepared by Sladden Engineering (Report No. 544-06667) dated
October 16, 2006.
Resolution No. 6125
Conditions of Approval
Case 3.3405-MAJ 16.519-VAR
Page 9 of 16
March 10, 2010
ENG 24. The applicant shall provide all necessary geotechnicallsoils inspections and
testing in accordance with the Geotechnical/Soils Report prepared for the
project. All backfili, 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 25. 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.
ENG 26. 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. 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 27. 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 28. 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
requitement 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.
Resolution No. 6125
Conditions of Approval Page 10 of 16
Case 3.3405-MAJ 16.519-VAR March 10, 2010
Alternative instruments must be approved by the City Engineer prior to the
issuance of any grading or building permits.
ENG 29. Prior to issuance of certificate of occupancy, the applicant shall:
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
0 Demonstrate that an adequate number of copies of the approved Final
Project -Specific WQMP are available for the future owners (where
applicable).
DRAINAGE
ENG 30. Direct release of on -site nuisance water or stormwater runoff shall not be
permitted to Ramon Road or Calle de Ricardo. Provisions for the interception of
nuisance water from entering adjacent public streets from the project site shal I 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.
ENG 31. 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 other means for pre -treating stormwater runoff, 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. 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.
ENG 32. The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is $ 9,212.00 per acre per Resolution
No. 15189. Fees shall be paid prior to issuance of a building permit.
GENERAL
ENG 33. Any utility trenches or other excavations within existing asphalt concrete
pavement of off -site streets required by the proposed development shall be
Resolution No. 6125
Conditions of Approval Page 11 of 16
Case 3.3405-MAJ 16.519-VAR March 10, 2010
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 34. On phases or elements of construction following initial site grading (e.g.,
sewer, storm drain, or other utility work or fuel pipeline 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 or the Tribal Archaeologist 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 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.
ENG 35. All proposed utility lines shall be installed underground.
ENG 36. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal
Code, all existing and proposed electrical lines of thirty-five thousand volts or
less and overhead service drop conductors, and all gas, telephone, television
cable service, and similar service wires or lines, which are on -site, abutting,
and/or transecting, shall be installed underground unless specific restrictions
are shown in General Orders 95 and 128 of the California Public Utilities
Commission, and service requirements published by the utilities. The existing
overhead utilities extending across the property meet the requirement to be
installed underground. Utility undergrounding shall extend to the nearest off -
site pole; no new power poles shall be installed unless otherwise approved by
the City Engineer. A letter from the owners of the affected utilities shall be
submitted to the Engineering Division prior to approval of a grading plan,
Resolution No. 6125
Conditions of Approval
Case 3.3405-MAJ / 6.519-VAR
Page 12 of 16
March 10, 2010
informing the City that they have been notified of the City's utility
undergrounding requirement and their intent to commence design of utility
undergrounding plans. When available, the utility undergrounding plan shall
be submitted to the Engineering Division identifying all above ground facilities
in the area of the project to be undergrounded. Undergrounding of existing
overhead utility lines shall be completed prior to issuance of a building permit,
or as otherwise required to abandon the existing public utility easements.
ENG 37. 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 38. 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 39. The original improvement plans prepared for the proposed development and
approved by the City Engineer shall be documented with record drawing "as -
built" information and returned to the Engineering Division prior to issuance of
a final certificate of occupancy. Any modifications or changes to approved
improvement plans shall be submitted to the City Engineer for approval prior
to construction.
ENG 40. 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 41. 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 42. 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.
MAP
ENG 43. The existing parcels identified as Lots 5 and 6 of Vista Del Cielo, Map Book
20, Page 86, and Lots 1, 2, 3 and 6 of Vista Del Cielo No. 3, Map Book 21,
Page 55 and the vacated portion of Avenida Evelita between Ramon Road
and Calle De Ricardo shall be merged. An application for a parcel merger
shall be submitted to the Engineering Division for review and approval. A
Resolution No. 6125
Conditions of Approval
Case 3.3405-MAJ 1 6.519-VAR
TRAFFIC
Page 13 of 16
March 10, 2010
copy of a current title report and copies of record documents shall be
submitted with the application for the parcel merger. The application shall be
submitted to and approved by the City Engineer prior to issuance of a building
permit.
ENG 44. A minimum of 48 inches of clearance for handicap accessibility shall be
provided on public sidewalks or pedestrian paths of travel within the
development. Minimum clearance on public sidewalks shall be provided by
either an additional dedication of a sidewalk easement (if necessary) and
widening of the sidewalk; or by the relocation of any obstructions within the
public sidewalk along the Ramon Road and Calle De Ricardo frontages of the
subject property.
ENG 45. 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.
ENG 46. 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 for Streets and
Highways, dated September 26, 2006, or subsequent editions in force at the
time of construction.
ENG 47. 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
03/30/07 and received by the Planning Department on 11412010. 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
Resolution No. 6125
Conditions of Approval
Case 3.3405-MAJ /6.519-VAR
Page 14 of 16
March 10, 2010
shall have an unobstructed width of not less than 20 feet and an unobstructed
vertical clearance of not less than 13'6". Fife 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 wails of the first story of the building as measured by
an approved route around the exterior of the building or facility.
FID 5. Fire Department Access: Fire Department Access Roads shall be provided
and maintained in accordance with (Sections 503 CFC)
FID 6. Minimum Access Road Dimensions:
1. Fire apparatus access roads shall have an unobstructed width of not
less than 20 feet, a greater width for private streets may be required by
the City engineer to address traffic engineering, parking, and other
issues. The Palm Springs Fire Department requirements for two-way
private streets, is a minimum width of 24 feet is required for this
project, unless otherwise allowed by the City engineer. No parking
shall be allowed in either side of the roadway.
FID 7. 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 8. 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 9. Access Road Dimensions (CFC 503.2.1): 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".
Note: One way only exits show landscaping that will interfere with the vertical
clearance requirements. Mitigation is required.
Resolution No. 6125
Conditions of Approval
Case 3.3405-MAJ 16.519-VAR
Page 15 of 16
March 10, 2010
FID 10. 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 11. 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.
(Vote: The one way exit from the parking lot onto Calle De Ricardo doesn't
meet minimum turning radius requirements due to the adjacent parking
space. Mitigation is required.
FID 12. 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 13. Location of Knox boxes: A Knox box shall be installed at every locked
gate. Boxes shall be mounted adjacent to said gates, on walls or fences, at
five (5) feet above grade, or as close to this height as possible if the adjacent
wall is less than five feet. Show location of boxes on plan and elevation
views. Show requirement in plan notes.
FID 14. 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.
F1D 15. NFPA 13 Fire Sprinkler System is Required: An automatic fire sprinkler
system is required. 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 I/r
Ratio of 200. No portion of the fire sprinkler system shall be installed prior to
plan approval.
!Vote: Detailed information on carport construction and square footage is
needed. Fire sprinklers may be required for these building structures.
FID 16. 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,
railroad tracks or driveways or areas subject to flooding or hazardous material
or liquid releases.
Resolution No. 6125
Conditions of Approval
Case 3.3405-MAJ / 6.519-VAR
Page 16 of 16
March 10, 2010
FID 17. 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 18. Fire Flow (CFC 508.3): Fire flow requirements for buildings or portions of
buildings and facilities are estimated to be 1,500 GPM for the 21,638 SF 2
story office building with the installation of an automatic fire sprinkler system.
The fire flow was based on Appendix B of the 2007 CFC.
FID 19. 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 20. 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 21. 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 22. Fire Alarm System: Fire alarm system is required and installation shall
comply with the requirements of NFPA 72, 2002 Edition.
FID 23. 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.
END OF CONDITIONS
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