HomeMy WebLinkAboutPC Resolution _6157- Case 3.3368 La Luz Del MundoRESOLUTION NO. 6157
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE NUMBER 3.3368 MAA AN
APPLICATION BY LA LUZ DEL MUNDO CHURCH FOR A
TWENTY-SIX (26) SPACE PARKING LOT AND
LANDSCAPE PLAN AT 3989 NORTH INDIAN CANYON
DRIVE, ZONE C-1, SECTION 34, APN 669-404-008.
WHEREAS, La Luz Del Mundo Church ("Applicant") filed an application with the City for
an amendment to a previously approved minor architectural plan to allow for the
construction of a twenty-six (26) space parking lot and associated landscaping at 3989
North Indian Canyon Drive, APN 669-404-008, Section 34; and
WHEREAS, on August 25, 2004, the Planning Commission approved a conditional use
permit (CUP) for a church use in the C-1 zone to include the construction of a 3,700
square foot sanctuary building and small parking lot.
WHEREAS, on September 20, 2010, the Architectural Advisory Committee met and
voted to recommend approval of the project to the Planning Commission; 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: The original conditional use permit (CUP) 5.1009 CUP was categorically
exempt from the California Environmental Quality Act (CEQA) per section 15332 (In -Fill
Development) where the proposed project is consistent with the General Plan, compiles
with all Zoning Ordinance development standards, is within the City limits, is less than
five (5) acres, can be serviced by existing public utilities and has no value as a habitat
for endangered, rare, or threatened species.
Section 2: The City of Palm Springs Zoning Code (PSZC) Section 93.06.00 provides
regulations that are intended to create properly designed and integrated off-street
parking areas, with adequate capacity, circulation and landscaping organized
aesthetically to positively relate to the surrounding environment. The following findings
must be made in support of the minor change:
a. Safe on- and off -site traffic and pedestrian circulation shall be provided,
0 including, but not limited to, traffic circulation which does not conflict with entering
or exiting traffic to the site, parking or pedestrian movements.
The entrances to the parking lot facility are located in the middle of the block with
easy access and has adequate stacking capability to allow for safe circulation.
Planning Commission Resolution No. 6157
Case No. 3.3368 La Luz Del Mundo
October 13, 2010
Page 2 of 3
The exit of the parking lot allows adequate visibility for a safe transition into the
street. Pedestrian access will be provided onto and off the site.
b. Landscape treatment — landscaping shall be incorporated into the design of all
off-street parking areas, including parking lot shading, and landscaped planters.
The parking lot will incorporate water efficient landscaping into the overall design
of the site. A variety of desert species will be utilized and planted throughout.
Larger trees will be planted to provide parking lot area shading. Enhanced
landscaping to include trees and boulders will be located along both street
frontages.
C. Lighting — Parking lot lighting must be in accordance with Section 93.21.00 of the
PSZC for lighting standards. Parking area illumination levels shall provide a
minimum illumination of one-half (5) foot-candles in the general parking areas to
a maximum of eight (8) foot-candles with an average not to exceed three (3) foot-
candles. Spill over lighting to be omitted through the use of full cutoff fixtures.
The lighting for the parking lot will utilize a cut-off style fixture of high pressure
sodium mounted on a twelve (12) foot high pole.
d. Lighting Pole Heights — The PSZC requires that parking lot light poles not exceed
twelve (12) feet in height for portions of the parking areas which are located
within twenty-five (25) feet of a property within a single-family residential zone.
Light poles can reach a maximum height of eighteen feet (18) not withstanding
the previous requirement.
The proposed lighting plan will provide light poles within the parking lot not
exceeding twelve (12) feet in height. Lights will be mounted on the exterior of the
buildings to provide additional illumination.
e. Parking Lot Design Standards — Each parking stall shall be at least nine (9) feet
wide and eighteen (18) feet deep with a drive aisle width for a driveway adjoining
a double row of parking spaces shall be twenty-six (26) feet wide, unless the
driveway adjoins a single row of spaces shall be twenty-four (24) feet wide.
The site plan correctly shows that the above requirements have been satisfied.
The width of the parking stall will be nine (9) foot wide and a minimum of
eighteen (18) feet long. The drive aisles will be no less than twenty-four (24) feet
wide to provide adequate maneuvering ability.
Planning Commission Resolution No. 6157
Case No. 3.3368 La Luz Del Mundo
October 13, 2010
Page 3 of 3
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Minor Architectural Case 3.3368, subject to the attached
revised conditions of approval set forth in Exhibit A.
ADOPTED this 13th day of October 2010.
AYES: 5, Hudson, Donenfeld, Klatchko, Munger and Vice Chair Scott
NOES: None
ABSENT: 2, Chair Caffery and Conrad
ABSTAIN: None
ATTEST:
A. wing, I P
Di r of Pla nin Services
G
CITY OF PALM SPRINGS, CALIFORNIA
RESOLUTION NO. 6157
EXHIBIT A
Case 3.3368
La Luz Del Mundo
3989 North Indian Canyon Drive
October 13, 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 Director of
Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on
which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case
3.3368; except as modified with the approved Mitigation Monitoring Program
and the conditions below;
ADM 2. Prior CUP Conditions of Approval. Previously approved conditions of
approval granted by the Planning Commission for Case 5.1009 CUP on
August 25, 2004 remain in effect.
ADM 3. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped October 13, 2010,
including site plans, architectural elevations, exterior materials and colors,
landscaping, and grading on file in the Planning Division except as modified
by the approved Mitigation Measures and conditions below.
ADM 4. 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.
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ADM 5. 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. 0
Resolution No. 6157
Conditions of Approval
Case 3.3368 — La Luz Del Mundo
Page 2 of 9
October 13, 2010
ADM 6. 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 3.3368. 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.
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 7. 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 8. 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 9. Right to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00. Permits will not be issued until the appeal period has
concluded.
ADM 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.
Violations may result in revocation of this Conditional Use Permit.
Resolution No. 6157
Conditions of Approval
Case 3.3368 — La Luz Del Mundo
Page 3 of 9
October 13, 2010 0
ADM 11. Seating Count. The applicant shall be limited to the total number of seats as
follows: a maximum of 78 seats inside for public assembly. Any deviation
from these numbers shall require prior approval by the Director of Planning.
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).
ENV 3. Cultural Resource Survey Required. Prior to any ground disturbing activity,
including clearing and grubbing, installation of utilities, and/or any
construction related excavation, an Archaeologist qualified according to the
Secretary of the Interior's Standards and Guidelines, shall be employed to
survey the area for the presence of cultural resources identifiable on the
ground surface.
ENV 4. Cultural Resource Site Monitoring. There is a possibility of buried cultural or
Native American tribal resources on the site. A Native American Monitor shall
be present during all ground -disturbing activities. (check for duplication in
engineering conditions)
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.
Resolution No. 6157
Conditions of Approval
Case 3.3368 — La Luz Del Mundo
Page 4 of 9
October 13, 2010
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.
PLN 3. Sign Applications „Required. No signs are approved by this action. Separate
approval and permits shall be required for all signs in accordance with Zoning
Ordinance Section 93.20.00. The applicant shall submit a sign program to
the Department of Planning Services prior to the issuance of building permits.
PLN 4. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 5. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 6. 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. .
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security
Codes" of the Palm Springs Municipal Code.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on -site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
STREETS
ENG 1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
INDIAN CANYON DRIVE FRONTAGE ROAD
ENG 2. Remove the existing driveway approach and replace with 6 inch curb and gutter,
18 feet west of construction centerline and a 5 feet wide sidewalk behind the curb
Resolution No. 6157
Conditions of Approval Page 5 of 9
Case 3.3368 — La Luz Del Mundo Oi tobix 11, 2010
to match existing improvements in accordance with City of Palm Springs
Standard Drawing No. 200 and 210, respectively. There shall be no vehicular
access to the site from the N. Indian Canyon Drive frontage road.
ENG 3. All broken or off grade street improvements shall be repaired or replaced.
EL DORADO BLVD.
ENG 4. Dedicate an easement 2 feet wide along the back of the proposed driveway
approaches for sidewalk purposes.
ENG 5. Remove existing street improvements as necessary to construct two driveway
approaches a minimum of 24 feet wide in accordance with City of Palm Springs
Standard Drawing No. 201.
ENG 6. All broken or off grade street improvements shall be repaired or replaced.
ON -SITE
ENG 7. The minimum pavement section for all on -site pavement (drive aisles and parking
spaces) shall be 2Y2 inches asphalt concrete pavement over 4 inches crushed,,
miscellaneous base with a minimum subgrade of 24 inches at 95% relative
compaction, or equal. If an alternative pavement section is proposed, the
proposed pavement section shall be designed by a California registered
Geotechnical Engineer using "R" values from the project site and submitted to
the City Engineer for approval.
ENG 8. The gated entries are subject to review and approval by the City Engineer and
Fire Marshall. The ingress and egress lanes shall be a minimum of 20 feet wide,
unless otherwise approved by the Fire Marshall. A Knox box (or approved equal)
for use by emergency vehicles shall be installed on all gates meeting the
approval of the Fire Marshall.
GRADING
ENG 9. Submit a Precise Grading and Paving Plan prepared by a California registered
Civil engineer to the Engineering Division for review and approval. The Precise
Grading and Paving Plan shall be approved by the City Engineer prior to
issuance of grading permit.
a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its
grading contractor and submitted to the Engineering Division for review and
approval. The applicant and/or its grading contractor shall be required to
comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and
shall be required to utilize one or more "Coachella Valley Best Available
Control Measures" as identified in the Coachella Valley Fugitive Dust Control
Resolution No. 6167
Conditions of Approval
Case 3.3368 — La Luz Del Mundo
Page 6 of 9
October 13. 2010
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 have completed the required training. For information on
attending a Fugitive Dust Control Class and information on the Coachella
Valley Fugitive Dust Control Handbook and related "PM10" Dust Control
issues, please contact AQMD at (909) 396-3752, or at http://www.AQMD.gov.
A Fugitive Dust Control Plan, in conformance with the Coachella Valley
Fugitive Dust Control Handbook, shall be submitted to and approved by the
Engineering 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 copy of Soils Report.
ENG 10. Prior to approval of the Grading Plan or issuance of a Grading Permit, the
applicant shall obtain written approval to proceed with construction from the Agua
Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal
Archaeologist. 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 11. In accordance with an approved PM-10 Dust Control Plan, perimeter fencing
shall be installed. Fencing shall have screening that is tan in color; green
screening will not be allowed. Perimeter fencing shall be installed after issuance
of Grading Permit, and immediately prior to commencement of grading
operations.
ENG 12. 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 13. 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.
Resolution No. 6157
Conditions of Approval Page 7 of 9
Case 3.3368 — La Luz Del Mundo 0,,tober 13, 2010 0
ENG 14. A Geotechnical/Soils Report prepared by a California registered Geotechnical
Engineer shall be required for and incorporated as an integral part of the grad ing
plan for the proposed development. A copy of the GeotechnicallSoils Report
shall be submitted to the Engineering Division with the first submittal of a grad ing
plan.
ENG 15. The applicant shall provide all necessary geotechnical/soils inspections and
testing in accordance with the GeotechnicallSoils Report prepared for the
project. All backfill, compaction, and other earthwork shown on the approved
grading plan shall be certified by a California registered geotechnical or civil
engineer, certifying that all grading was performed in accordance with the
GeotechnicallSoils Report prepared for the project. Documentation of all
compaction and other soils testing are to be provided. No certificate of
occupancy will be issued until the required certification is provided to the City
Engineer.
ENG 16. 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).
DRAINAGE
ENG 17. 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. Provide a hydrology study to
determine the volume of increased stormwater runoff due to development of the
site, and to determine required stormwater runoff mitigation measures for the
proposed development. Final retention basin sizing and other stormwater runoff
mitigation measures shall be determined upon review and approval of the
hydrology study by the City Engineer and may require redesign or changes to
site configuration or layout consistent with the findings of the final hydrology
study.
ENG 18. 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
Resolution No. 6157
Conditions of Approval
Case 3.3368 — La Luz Del Mundo
Page 8 of 9
October 13, 2010
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, including provisions in Covenants, Conditions, and Restrictions
(CC&R's) required for the development (if any).
ENG 19. The project is subject to flood control and drainage implementation fees pursuant
to Resolution 14082. The acreage drainage fee at the present time is $6,511 .00
per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a
building permit.
GENERAL
ENG 20. 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.
ENG 21. All proposed utility lines shall be installed underground.
ENG 22. 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 23. 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 24. 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.
Resolution No. 6157
Conditions of Approval Page 9 of 9
Case 3.3368 -- La Luz Del Mundo October 13, 2010
ENG 25. 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 26. 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.
MAP
ENG 27. The existing parcels identified as Lots 5, 6, northerly half of Lot 7, northerly half
of Lot 29, and Lots 30 and 31 of the Desert Highland Estates map (Map Book 24,
Page 53), and adjacent parcels of vacated right-of-way, shall be merged. The
application for the parcel merger shall be submitted to and approved by the City
Engineer prior to issuance of building permit.
TRAFFIC
ENG 28. A minimum of 48 inches of clearance for handicap accessibility shall be provided
on public sidewalks or pedestrian paths of travel within the development.
ENG 29. 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.
FIRE DEPARTMENT CONDITIONS
FID 1. Parking lot gate locking devices: locked gates shall be equipped with a KNOX
key switch device or key box. Application must be obtained from the Palm
Springs Fire Department.
END OF CONDITIONS
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