HomeMy WebLinkAboutPC Resolution _6137- Case 5.1168- CUPRESOLUTION NO. 6137
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM SPRINGS, CALIFORNIA APPROVING A ONE-
YEAR TIME EXTENSION FROM JUNE 25, 2010 TO JUNE 24,
2011 FOR CASE NO. 5.1168-CUP, A PREVIOUSLY ENTITLED
DEVELOPMENT FOR A 44,000 SQUARE FOOT RETAIL
CENTER CONSISTING OF ONE MAIN BUINDING AND TWO
PAD SITES WITH DRIVE -THROUGH FACILITIES AT 3801
NORTH INDIAN CANYON DRIVE, ZONE C-1, SECTION 34, APN
669-414-023.
WHEREAS, Indian Vegas LLC. ("Applicant") has filed an application with the City pursuant to
Chapter 94.04.0(H) of the Palm Springs Zoning Code for a one-year time extension to Case
No. 5.1168 — CUP for the development of a 44,000 square foot retail center with drive -
through facilities; and,
WHEREAS, on May 26, 2010, a public meeting on the application was held by the Planning
Commission in accordance with applicable law approving a one-year time extension; 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 Environmental Quality Act
(CEQA). Further environmental documentation is not necessary because the changed
circumstances of the project will not result in any new significant environmental effects. The
time extension would not result in any new environmental impacts beyond those already
assessed; 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; and,
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves a one-year time extension from June 25, 2010 to June 24,
2011 for Case No. 5.1168 — CUP, subject to revised engineering conditions.
ADOPTED this 26" day of May 2010.
AYES:
NOES:
ABSENT. -
ABSTAIN:
ATTEST:
wVn91I CP
ctortor ning Services
CITY OF PALM SPRINGS, CALIFORNIA
EXHIBIT A
PLANNING COMMISSION
REVISED CONDITIONS OF APPROVAL
May 26, 2010
5.1168 CONDITIONAL USE PERMIT
PALM SPRINGS GARDENS
Northwest corner of North Indian Canyon Drive and Rosa Parks Road
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police,
the Fire Chief or their designee, depending on which department recommended the
condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
PROJECT SPECIFIC CONDITIONS 0
1. The materials board must be reviewed by the Architectural Advisory
Committee and approved by staff prior to issuance of Building Permit.
ADMINISTRATIVE
The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any
other City Codes, ordinances and resolutions which supplement the zoning
district regulations.
2. 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 5.1168-CUP. The City of Palm Springs will promptly notify
the applicant of any such claim, action, or proceeding against the City of
Palm Springs and the applicant will either undertake defense of the matter
and pay the City's associated legal costs or will advance funds to pay for
defense of the matter by the City Attorney. If the City of Palm Springs fails to
promptly notify the applicant of any such claim, action or proceeding or fails
to cooperate fully in the defense, the applicant shall not, thereafter, be
responsible to defend, indemnify, or hold harmless the City of Palm Springs.
Planning Commission Revised Conditions of Approval
Case 5.1168 — CUP
May 26, 2010
Page 2 of 20
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.
3. That the property owner(s) and successors and assignees in interest shall
maintain and repair the improvements including and without limitation
sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting,
signs, walls, and fences between the curb and property line, including
sidewalk or bikeway easement areas that extend onto private property, in a
first class condition, free from waste and debris, and in accordance with all
applicable law, rules, ordinances and regulations of all federal, state, and
local bodies and agencies having jurisdiction at the property owner's sole
expense. This condition shall be included in the recorded covenant
agreement for the property if required by the City.
4. Pursuant to Fish and Game Code Section 711.4 a filing fee of $64.00 is
required. This project has a de minimus impact on fish and wildlife, and a
Certificate of Fee Exemption shall be completed by the City and two copies
filed with the County Clerk. This application shall not be final until such fee is
paid and the Certificate of Fee Exemption is filed. Fee shall in the form of a
money order or cashier's check payable to Riverside County.
5. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
regarding public art. The project shall either provide public art or payment of
an in lieu fee. In the case of the in -lieu fee, the fee shall be based upon the
total building permit valuation as calculated pursuant to the valuation table in
the Uniform Building Code, the fee being 1/2% for commercial or industrial
projects, 1/4% for new residential subdivisions, or 1/4% for new individual
single-family residential units constructed on a lot located in an existing
subdivision with first $100,000 of total building permit valuation for individuals
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
Services 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.
PLANNING DEPARTMENT
CULTURAL RESOURCES
Prior to any ground disturbing activity, including clearing and grubbing,
installation of utilities, and/or any construction related excavation, an
r
Planning Commission Revised Conditions of Approval
Case 5.1168 — CUP
May 26, 2010
Page 3 of 20
Archaeologist qualified according to the Secretary of the Interior's
Standards and Guidelines, shall be employed to survey the area for the
presence of cultural resources identifiable on the ground surface.
FINAL DESIGN
2. Final landscaping, irrigation, exterior lighting, and fencing plans shall be
submitted for approval by the Department of Planning Services, prior to
issuance of a building permit. Landscape plans shall be approved by the
Riverside County Agricultural Commissioner's Office prior to submittal. All
landscaping located within the public right of way or within community
facilities districts must be approved by the Public Works Director and the
Director of Parks and Recreation.
3. An exterior lighting plan in accordance with Zoning Ordinance Section
93.21.00, Outdoor Lighting Standards, shall be submitted for review and
approval by the Director of Planning Services prior to the issuance of
building permits. Manufacturer's cut sheets of all exterior lighting on the
building and in the landscaping shall be submitted for approval prior to
issuance of a building permit. If lights are proposed to be mounted on
buildings, down -lights shall be utilized. No lighting of the hillside is
permitted.
GENERAL CONDITIONS/CODE REQUIREMENTS
4. The appeal period for a Conditional Use Permit is 15 calendar days from the
date of project approval. Building permits will not be issued until the appeal
period has concluded.
5. The Conditional Use Permit approval shall be valid for a period of two (2)
years. Extensions of time may be granted by the Planning Commission
upon demonstration of good cause. Once constructed, the conditional use
permit, provided all conditions of approval have been complied with, does
not have a time limit.
6. The project is subject to the City of Palm Springs Water Efficient Landscape
Ordinance. The applicant shall submit an application for Final Landscape
Document Package to the Director of Planning Services for review and
approval prior to the issuance of a building permit. Refer to Chapter 8.60 of
the Municipal Code for specific requirements.
7. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control
Plan shall be submitted and approved by the Building Official. Refer to
Chapter 8.50 of the Municipal Code for specific requirements.
Planning Commission Revised Conditions of Approval
Case 5.1168 — CUP
May 26, 2010
Page 4 of 20
8. The grading plan shall show the disposition of all cut and fill materials.
Limits of site disturbance shall be shown and all disturbed areas shall be
fully restored or landscaped.
9. Separate architectural approval and permits shall be required for all signs.
A detailed sign program shall be submitted for review and approval by the
Planning Commission prior to issuance of building permits.
10. All materials on the flat portions of the roof shall be earth tone in color.
11. All awnings shall be maintained and periodically cleaned.
12. All roof mounted mechanical equipment shall be screened from all possible
vantage points both existing and future per Section 93.03.00 of the Zoning
Ordinance. The screening shall be considered as an element of the overall
design and must blend with the architectural design of the building(s). The
exterior elevations and roof plans of the buildings shall indicate any fixtures
or equipment to be located on the roof of the building, the equipment
heights, and type of screening. Parapets shall be at least 6" above the
equipment for the purpose of screening.
13. No exterior downspouts shall be permitted on any facade on the proposed
building(s) which are visible from adjacent streets or residential and
commercial areas.
14. Perimeter walls shall be designed, installed and maintained in compliance
with the corner cutback requirements as required in Section 93.02.00.D.
15. The design, height, texture and color of building(s), fences and walls shall
be submitted for review and approval prior to issuance of building permits.
16. The street address numbering/lettering shall not exceed eight inches in
height.
17. Submit plans meeting City standard for approval on the proposed trash and
recyclable materials enclosure prior to issuance of a building permit.
18. No sirens, outside paging or any type of signalization will be permitted,
except approved alarm systems.
19. No outside storage of any kind shall be permitted except as approved as a
part of the proposed plan.
Planning Commission Revised Conditions of Approval
Case 5.1168 — CUP
May 26, 2010
Page 5 of 20
20. 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.
21. Prior to the issuance of building permits, locations of all telephone and
electrical boxes must be indicated on the building plans and must be
completely screened and located in the interior of the building. Electrical
transformers must be located toward the interior of the project maintaining a
sufficient distance from the frontage(s) of the project. Said transformer(s)
must be adequately and decoratively screened.
22. The applicant shall provide all tenants with Conditions of Approval of this
project.
23. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact
sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking
spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the
right side of the parking space; two (2) handicap spaces can share a
common walkway. One in every eight (8) handicap accessible spaces, but
not less than one (1), shall be served by an 8 foot walkway on the right side
and shall be designated as "van accessible".
24. Handicapped accessibility shall be indicated on the site plan to include the
location of handicapped parking spaces, the main entrance to the proposed
structure and the path of travel to the main entrance. Consideration shall be
given to potential difficulties with the handicapped accessibility to the
building due to the future grading plans for the property.
25. Compact and handicapped spaces shall, be appropriately marked per
Section 93.06.00.C.10.
26. Curbs shall be installed at a minimum of lave (5) feet from face of walls,
fences, buildings, or other structures. Areas that are not part of the
maneuvering area shall have curbs placed at a minimum of two (2) feet
from the face of walls, fences or buildings adjoining driveways.
27. Parking lot light fixtures shall align with stall striping and shall be located two
to three feet from curb face.
28. Islands of not less than 9 feet in width with a minimum of 6 feet of planter
shall be provided every 10 parking spaces. Additional islands may be
necessary to comply with shading requirements.
161
Planning Commission Revised Conditions of Approval
Case 5.1168 — CUP
May 26, 2010
Page 6 of 20
29. Shading requirements for parking lot areas as set forth in Section 93.06.00
of the Zoning Ordinance shall be met. Details to be provided with final
landscape plan.
30. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or
elongated "U" design. Individual wheel stops shall be prohibited; a
continuous 6" barrier curb shall provide wheel stops.
31. Concrete walks with a minimum width of two (2) feet shall be installed
adjacent to end parking spaces or end spaces shall be increased to eleven
(11) feet wide.
32. Tree wells shall be provided within the parking lot and shall have a planting
area of six feet in diameter/width.
POLICE DEPARTMENT
1. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs
Municipal Code.
BUILDING DEPARTMENT
1. Prior to any construction on -site, all appropriate permits must be secured.
AMERICAN DISABILITIES ACT (ADA)
2. As part of the path of travel for this project, all new curb ramps will require a
detectable warning surface consisting of truncated domes to comply with
CBC 112713.5.8.
3. All the disabled parking spaces shall comply in terms of design, location and
"van accessibility" to CBC 1129B.1 and CBC 112913.4.1.
FIRE DEPARTMENT
1. These conditions are subject to final plan check and review. Initial fire
department conditions have been determined on the preliminary site plan
dated August 7, 2007. Additional requirements may be required at that time
based on revisions to site plans.
2. Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan shall be
provided to the fire department. This shall clearly show all access points &
fire hydrants.
PlanningCommission Revised Conditions of Approval May 26 2010
pP Y
Case 5.1168 — CUP Page 7 of 20
3. Premises Identification: Approved numbers for the address shall be
provided for all new and existing buildings, prior to issuance of a Certificate
of Occupancy by the Building Official. Address numbering must be plainly
visible and legible from the street or road fronting the property. (901.4.4
CFC)
4. Fire Department Access: Fire Department Access Roads shall be provided
and maintained in accordance with Sections 901 and 902 CFC. (902.1
CFC)
Minimum Access Road Dimensions
a. Private streets shall have a minimum width of at least 20 feet,
pursuant to California Fire Code 902.1 however, a greater width
for private streets may be required by the City engineer to
address traffic engineering, parking, and other issues. The Palm
Springs Fire Department requirements for two-way private
streets, is a minimum width of 24 feet, unless otherwise allowed
by the City engineer. No parking shall be allowed in either side of
the roadway.
b. Roads must be 30 feet wide when parking is not allowed on only
one side of the roadway.
c. Roads must be 40 feet wide when parking is not restricted.
5. Fire Apparatus Access Roads/Driveways: Fire department access
roads/driveways and other measures shall be provided so that no portion of
the exterior wall of the first floor of any building will be more than 150 feet
from such roads, subject to the approval of the Fire Chief. (902.2.1 CFC)
6. Road Design: Fire apparatus access roads shall be designed and
constructed as all weather capable and able to support a fire truck weighing
73,000 pounds GVW. (902.2.2.2 CFC) The minimum inside turning radius
is 30 feet, with an outside radius of 45 feet.
7. Turn -Around Requirements: Dead-end fire apparatus access roads in
excess of 150 feet in length shall be provided with approved provisions for
the turning around of fire apparatus. (902.2.2.4 CFC) The City of Palm
Springs has two approved turn around provisions. One is a cul-de-sac with
an outside turning radius of 45 feet from centerline. The other is a
hammerhead turnaround meeting the Palm Springs Public Works and
Engineering Department standard dated 9-4-02.
8. Emergency Key Box: A Knox key box is required for access to the fire
sprinkler riser. Box shall be mounted at 6 feet above grade, adjacent to the
Planning Commission Revised Conditions of Approval
Case 5.1168 — CUP
May 26, 2010
Page 8 of 20
main entrance. Contact the Fire Department at 760-323-8186 for a Knox
application form. (902.4 CFC)
9. Key Box Contents: The Knox key box shall contain keys to all areas of
ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms,
mechanical rooms, elevator rooms, elevator controls, plus a card containing
the emergency contact people and phone numbers for the
buildinglcomplex.
10. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire
extinguisher for every 75 feet of floor or grade travel distance for normal
hazards. Show proposed extinguisher locations on the plans. (1002.1
CFC) Extinguishers shall be mounted in a visible, accessible location 3 to 5
feet above floor level. Preferred location is along the path of exit travel or
near an exit door. Extinguishers located outdoors must be installed in
weather and vandal resistant cabinets approved for this purpose.
11. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is
required.
12. Fire Hydrant Flow: The required fire hydrant flow for this project is 1,500
GPM with the installation of fire sprinklers.
13. Fire Hydrant & FDC Location: A public commercial fire hydrant is required
within 30 feet of the Fire Department Connection (FDC). Fire Hose must be
protected from vehicular traffic and shall not cross roadways, streets,
railroad tracks or driveways or areas subject to flooding or hazardous
material or liquid releases. A field analysis of existing hydrants has not been
conducted to verify hydrant location or availability. This comment is
included to make you aware that additional fire hydrants may be required.
14. Fire Department Connections: Fire Department connections shall be visible
and accessible, have two 2.5 inch NST female inlets, and have an approved
check valve located as close to the FDC as possible. All FDC's shall have
KNOX locking protective caps. Contact the fire prevention secretary at 760-
323-8186 for a KNOX application form.
15. Fire Alarm System: Fire Alarm System is required and installation shall
comply with the requirements of NFPA 72, 2002 Edition.
16. Audible Water Flow Alarms: 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-
Planning Commission Revised Conditions of Approval
Case 5.1168 -- CUP
May 26, 2010
Page 9 of 20
WH-VFR with WBB back box or equal) to alert the occupants shall be
provided in the interior of the building in a normally occupied location.
(904.3.2 CBC)
17. Water Systems and Hydrants: Underground water mains and fire hydrants
shall be installed, completed, tested and in service prior to the time when
combustible materials are delivered to the construction site. (903 CFC).
Installation, testing, and inspection will meet the requirements of NFPA 24
1995 edition. Prior to final approval of the installation, contractor shall
submit a completed Contractor's Material and Test Certificate to the Fire
Department. (9-2.1 NFPA 24 1995 edition)
18. Fire hydrant systems: Following Fire Department selection of hydrant
locations, plans and specifications for fire hydrant systems shall be
submitted to the fire department for review and approval prior to
construction. (901.2.2.2 CFC). All fire hydrants shall be installed in
accordance with Mission Springs Water District specifications and
standards. No landscape planting, walls, fences, signposts, or
aboveground utility facilities are permitted within 3 feet of fire hydrants, or in
line with hose connections.
19. High Piled Storage: If materials to be stored are anticipated to exceed 12
feet in height, additional requirements will be required. Contact the fire
department plans examiner for more detailed requirements.
ENGINEERING DEPARMENT
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
STREETS
Any improvements within the public right-of-way require a City of Palm
Springs Encroachment Permit.
INDIAN CANYON DRIVE
2. Remove the existing sidewalk and replace with an 8 feet wide sidewalk
along the entire frontage in accordance with City of Palm Springs Standard
Drawing No. 210. The construction shall be adjacent to the curb with
colored Portland cement concrete. The admixture shall be Palm Springs
Tan, Desert Sand, or approved equal color by the Engineering Division.
191
Planning Commission Revised Conditions of Approval
Case 5.1168 — CUP
May 26, 2010
Page 10 of 20
3. Construct parkway drains in accordance with City of Palm Springs Standard
Drawing No. 705. All drainage directed to parkway drains shall first be
intercepted on -site prior to release to Indian Canyon Drive. A drywell or
other approved facility shall be installed on -site to intercept nuisance water
tributary to the two parkway drains shown for the drive -through lanes, as
required by the City Engineer.
4. Remove and replace the existing curb ramp at the southwest corner of the
Intersection of Indian Canyon Drive and Corazon Avenue and construct a
Type A curb ramp in accordance with City of Palm Springs Standard
Drawing No. 212.
5. Remove and replace the existing curb ramp at the northwest corner of the
Intersection of Indian Canyon Drive and Rosa Parks Road and construct a
Type A curb ramp in accordance with City of Palm Springs Standard
Drawing No. 212.
6. All broken or off grade street improvements shall be repaired or replaced.
CORAZON AVENUE
7. Remove the existing street improvements as necessary to construct a 40
feet wide driveway approach in accordance with City of Palm Springs
Standard Drawing No. 205, with the centerline of the driveway approach
located approximately 170 feet west of the centerline of Indian Canyon
Drive as shown on the approved site plan.
8. Remove interfering or conflicting sidewalk, and construct a new 5 feet wide
sidewalk behind the curb along the entire frontage in accordance with City
of Palm Springs Standard Drawing No. 210.
9. Construct a Type A curb ramp meeting current California State Accessibility
standards on both sides of the 40 feet wide driveway approach, in
accordance with City of Palm Springs Standard Drawing No. 212. The
applicant shall ensure that an appropriate path of travel, meeting ADA
guidelines, is provided across the driveway, and shall adjust the location of
the access ramps, if necessary, to meet ADA guidelines, subject to the
approval of the City Engineer and ADA Coordinator. If necessary, additional
pedestrian and sidewalk easements shall be provided on -site to construct a
path of travel meeting ADA guidelines.
10. All broken or off grade street improvements shall be repaired or replaced.
Planning Commission Revised Conditions of Approval May 26, 2010
Case 5.1168 — CUP Page 11 of 20
ROSA PARKS ROAD
11. Remove the existing street improvements as necessary to construct a 40
feet wide driveway approach in accordance with City of Palm Springs
Standard Drawing No. 205, with the centerline of the driveway approach
located approximately 170 feet west of the centerline of Indian Canyon
Drive as shown on the approved site plan.
12. Remove interfering or conflicting sidewalk, and construct a new 5 feet wide
sidewalk behind the curb along the entire frontage in accordance with City
of Palm Springs Standard Drawing No. 210.
13. Construct a Type A curb ramp meeting current California State Accessibility
standards on both sides of the 40 feet wide driveway approach, in
accordance with City of Palm Springs Standard Drawing No. 212. The
applicant shall ensure that an appropriate path of travel, meeting ADA
guidelines, is provided across the driveway, and shall adjust the location of
the access ramps, if necessary, to meet ADA guidelines, subject to the
approval of the City Engineer and ADA Coordinator. If necessary, additional
pedestrian and sidewalk easements shall be provided on -site to construct a
path of travel meeting ADA guidelines.
14. All broken or off grade street improvements shall be repaired or replaced..
SANITARY SEWER
15. All sanitary facilities shall be connected to the public sewer system. New
laterals shall not be connected at manholes.
16. The existing sewer main located on -site (within the frontage road) shall be
removed and/or abandoned as required by the City Engineer.
GRADING
17. 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 O
its grading contractor and submitted to the Engineering Division for
review and approval. The applicant and/or its grading contractor shall
Planning Commission Revised Conditions of Approval May 26, 2010
Case 5.1168 CUP Page 12 of 20
be required to comply with Chapter 8.50 of the City of Palm Springs
Municipal Code, and shall be required to utilize one or more "Coachella
Valley Best Available Control Measures" as identified in the Coachella
Valley Fugitive Dust Control Handbook for each fugitive dust source
such that the applicable performance standards are met. The
applicant's or its contractor's Fugitive Dust Control Plan shall be
prepared by staff that has completed the South Coast Air Quality
Management District (AQMD) Coachella Valley Fugitive Dust Control
Class. The applicant and/or its grading contractor shall provide the
Engineering 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 www.AQMD.gov. A Fugitive Dust Control Plan, in conformance
with the Coachella Valley Fugitive Dust Control Handbook, shall be
submitted to and approved by the Engineering Division prior to
approval of the Grading plan.
b. The first submittal of the Grading Plan shall include the following
information: a copy of final approved conformed copy of Conditions of
Approval; a copy of a final approved conformed copy of the Site Plan;
a copy of current Title Report and a Final Hydrology Study.
18. 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.
19. 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.
20. Within 10 days of ceasing all construction activity and when construction
activities are not scheduled to occur for at least 30 days, the disturbed
areas on -site shall be permanently stabilized, in accordance with Palm
Springs Municipal Code Section 8.50.022. Following stabilization of all
disturbed areas, perimeter fencing shall be removed, as required by the City
Engineer.
21. Prior to approval of a Grading Plan, the applicant shall obtain written
approval to proceed with construction from the Agua Caliente Band of
12
Planning Commission Revised Conditions of Approval
Case 5.1168 — CUP
May 26, 2010
Page 13 of 20
Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist.
The applicant shall contact the Tribal Historic Preservation Officered
Begat' or the Tribal Archaeologists y Tu at 0, (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.
22. Notice of Intent to comply with Statewide the California General
Construction Stormwater Permit (Water Quality Order
I,,.,rlifiad- C]nn_acr.hne22002) 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.
22A This project must comply with the General Permit for Stormwater Discharges
Associated with Construction Activity and shall prepare and implement a
stormwater pollution prevention plan (SWPPP). A copy of the, up-to-date
SWPPP shall be kept at the project site and be available for review uaon
request.
23. 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/biowsand relating to this property and development.
24. Tlha_-row _in Whi„h this proiest is situated is indlGative of deser-t sori
cGendi�fiorna-fo11nr1 in vnany areas of Palm Cnrinrlc. The nginaeFinn 11TT9 Di `rrvivrl
does not require -a selle, Fepe-rt. This d9e6 not meaR that subtersaneaR
Gite. A s9ils FepeFt shall be required GRIY if neoessary as part of the Building
DepaFtffleRt's review and approval V plans. A
Geotechnical/Soils_ Report prepared by a California registered Geotechnical
Engineer shall be required for and incorporated as an integral part of the
grading plan for the proposed development. A copy of the
Geotechnical/Soils Resort shall be submitted to the Enaineerina Division
with the first_ submittal of a grading plan.
24A The applicant shall provide all necessary geotechnical/soils inspections and
testing in accordance with the Geotechnical/Soils Report prepared for the
13
Planning Commission Revised Conditions of Approval
Case 5,1168 — CUP
May 26, 2010
Page 14 of 20
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 Geotechnical/Soils Rel2ort 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.
24B 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 anbuilding foundation.
25. 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).Remove the existing street
improvements and construct an 80 feet wide driveway approach in
accordance with City of Palm Springs Standard Drawing No. 205, with the
centerline of the driveway approach located approximately 320 feet east of
the centerline of Gene Autry Trail, as shown on the approved site plan.
DRAINAGE
26. 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.
The Preliminary Hydrology Study, prepared by Merit Civil Engineering, Inc.,
dated February 2008, identifies the volume of increased stormwater runoff
due to development of the site, and required stormwater runoff mitigation
measures for the proposed development. Final retention system sizing and
other stormwater runoff mitigation measures shall be determined upon
review and approval of the final hydrology study by the City Engineer and
may require redesign or changes to site configuration or layout consistent
with the findings of the final hydrology study.
14
Planning Commission Revised Conditions of Approval
Case 5.1168 — CUP
May 26 2010
Page 15 of 20
27. Submit storm drain improvement plans for all on -site storm drainage system
facilities for review and approval by the City Engineer.
28. Construct storm drain improvements, including but not limited to catch
basins, and storm drain lines, for drainage of on -site areas into the
underground retention system, as described in the Preliminary Hydrology
Study, prepared by Merit Civil Engineering, Inc., dated February 2008. The
Preliminary Hydrology Study shall be amended to include catch basin
sizing, storm drain pipe sizing, and underground retention system sizing
calculations and other specifications for construction of required on -site
storm drainage improvements.
29. The proposed underground retention system shall be installed on -site and
not within the public right-of-way. The underground stormwater retention
systems shall be sized to have a sufficient capacity equal to the volume of
increased stormwater runoff due to development of the site, as identified in
a final hydrology study approved by the City Engineer. A decrease to the
required retention volume may be allowed for percolation of the stormwater
runoff into the underlying gravel and soil, not to exceed 2 inches per hour.
30. Direct release of nuisance water to adjacent public streets is prohibited.
Construction of operational BMP's shall be incorporated into the Precise
Grading and Paving Plan.
31. This project may 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. 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.
M k__
32. The project is subject to flood control and drainage implementation fees. O
The acreage drainage fee at the present time is $ 6511.00 per acre per
15
Planning Commission Revised Conditions of Approval
Case 5,1168 — CUP
May 26, 2010
Page 16 of 20
Resolution No. 15189. Fees shall be paid prior to issuance of a building
permit.
ON -SITE
33. 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.
34. Pervious pavement shall not be allowed.
35. The existing public water main and associated facilities owned by Desert
Water Agency (DWA) shall be removed, relocated or abandoned, pursuant
to DWA requirements. The applicant shall provide an approval letter from
DWA authorizing commencement of clearing, grubbing and demolition
removals, prior to issuance of a permit by the City. All DWA work shall be
completed, as required by DWA, prior to issuance of any certificate of
occupancy on -site.
GENERAL
36. 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.
16
Planning Commission Revised Conditions of Approval
Case 5.1168 -- CUP
May 26, 2010
Page 17 of 20
37. 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, Richard Begay, or the Tribal Archaeologist, Patty Tuck
at (760) 325-3400, 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.
38. All proposed utility lines shall be installed underground.
39. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal
Code, all existing and proposed electrical lines of thirty-five thousand volts
or less and overhead service drop conductors, and all gas, telephone,
television cable service, and similar service wires or lines, which are on -site,
abutting, and/or transecting, shall be installed underground unless specific
restrictions are shown in General Orders 95 and 128 of the California Public
Utilities Commission, and service requirements published by the utilities.
The existing overhead utilities across the property meet the requirement to
be installed underground. Utility undergrounding shall extend to the nearest
off -site power 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, informing the City that they have been notified of the City's
utility undergrounding requirement and their intent to commence design of
utility undergrounding plans. When available, the utility undergrounding plan
shall be submitted to the Engineering Division identifying all above ground
facilities in the area of the project to be undergrounded. Undergrounding of
existing overhead utility lines shall be completed prior to issuance of a
certificate of occupancy.
40. 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.
0
Planning Commission Revised Conditions of Approval
Case 5.1168 — CUP
May 26, 2010
Page 18 of 20
41. 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.
42. 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.
43. Nothing shall be constructed or planted in the corner 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.
44. 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.
44A This -property is sublect 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
45. As determined by the traffic study prepared by KOA Corporation, dated April
15, 2008, the following mitigation measure(s) will be required:
a. Pay a fair share payment of 0.87% (or $2,175) of the cost to install a
traffic signal at the intersection of Indian Canyon Drive and Tramview
Road. The applicant shall pay the fair share payment prior to the
issuance of a building permit.
b. Traffic impacts generated by this project warrant signalization of the
Indian Canyon Drive and Rosa Parks Road intersection.
46. Install a traffic signal at the intersection of Indian Canyon Drive and Rosa
Parks Road. The applicant shall submit traffic signal installation plans
•
Planning Commission Revised Conditions of Approval
Case 5.1168 —CUP
May 26, 2010
Page 19 of 20
prepared by a California registered Civil Engineer for review and approval
by the City Engineer. The traffic signal shall be installed and operational
prior to issuance of a Certificate of Occupancy, unless otherwise allowed by
the City Engineer.
46A. in the event the approved land uses are revised such that one or both
drive -through facilities is not constructed or the overall land use type is
otherwise changed to decrease the estimated volume of traffic generated by
this project, the applicant shall be required to submit a revised traffic study
to demonstrate whether traffic signal warrants are satisfied for the Indian
Canyon Drive and Rosa Parks Road intersection. If an alternative project
with reduced trip generation is pursued, the applicant shall either install a
traffic signal at the Indian Canyon_ Drive and Rosa Parks Road intersection if
traffic signal warrants continue to be satisfied; or, the applicant shall pay a
fair share contribution to the installation of a traffic signal in the future by
others as approved by the City Engineer.
46B.If reimbursement of costs associated with traffic mitigation measures is
requested in writing by the applicant, the applicant shall summit a formal
request for preparation of a Reimbursement Agreement and a.12,500
deposit for City staff time associated with the preparation of the
Reimbursement Agreement, including City Attorney fees. The _applicant
shall be responsible for payment of all associated staff time and expenses
necessary in the preparation and processing of the Reimbursement
Agreement with the City Council and shall submit additional deposits as
necessary when reguested by the City, which are included in the amount
that may be reimbursed to the applicant through the Reimbursement
Agreement. The Reimbursement Agreement is subiect to the City Council's
review and approval, and its approval is not guaranteed nor implied by this
condition.
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.
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.
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 Engineer. As a minimum, all construction signing, lighting and
(D
Planning Commission Revised Conditions of Approval
Case 5.1168 — CUP
May 26, 2010
Page 20 of 20
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.
50. This property is subject to the Transportation Uniform Mitigation Fee which
shall be paid prior to issuance of building permit.
END OF CONDITIONS
(ED
w
RESOLUTION NO.6136
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING A
REVISION TO CASE NO. 3.2795 SFR, FOR A ROOFTOP
DECK ON A PREVIOUSLY APPROVED SINGLE FAMILY
RESIDENCE TO BE LOCATED AT 587 CAMINO CALIDAD,
ZONE R-1-A, SECTION 22.
WHEREAS, Schultz Family Trust ("Applicant")filed an application with the City pursuant
to Section 94.04.00 and 94.06.01 of the Zoning Code for a rooftop deck for a previously
approved 5,618-square foot single-family residence, including an attached 644 square
foot second unit on a vacant lot located at 587 Camino Calidad, Zone R-1-A, Section
22; and
WHEREAS, on April 12, 2010, the Architectural Advisory Committee recommended
approval of the exterior stairway and rooftop deck; and
WHEREAS, on April 28, 2010, a public hearing meeting on the application for a revision
to allow a rooftop deck 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 has been determined to be
Categorically Exempt as a Class III exemption (single-family residence) pursuant to
Section 15303(a) of the CEQA Guidelines; 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: Pursuant to the California Environmental Quality Act (CEQA Guidelines,
the proposed project is Categorically Exempt under Section 15303(a) (New Single-
family residence).
Section 2: Pursuant to Section 94.04.00 of the Palm Springs Zoning Code, minor
architectural changes, including rooftop decks, may be approved based on the following
guidelines:
1. 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 areas,
2. Harmonious relationship with existing and proposed adjoining
developments and in the context of the immediate neighborhood
Planning Commission Resolution of Denial
Case 3.2796 SFR Revision — Rooftop Deck
May 26, 2010
Page 2 of 2
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, AND
5. Hannony 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,
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 topography of the area slopes from southwest to northeast; the proposed rooftop
deck, which is approximately 250 square feet in area, will be located at the southeast
corner of the proposed residence and about ten feet above the residence's finished
floor. Based on the photo -simulations submitted by the applicant, it does appear that
views from the proposed rooftop deck will infringe on the privacy of surrounding
properties. Therefore, the proposed rooftop deck will not have a harmonious
relationship with existing and proposed adjoining developments.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby denies a rooftop deck for the proposed residence to be located at
587 Camino Calidad.
ADOPTED this 26th day of May, 2010.
AYES:
5, Vice Chair Caffery, Hudson, Munger, Donenfeld and Chair Cohen
NOES:
None
ABSENT:
1, Conrad
ABSTAIN:
1, Scott
ATTEST:
E:winWf ICP
Director of P14ffiing Services
CITY OF PALM SPRINGS, CALIFORNIA