HomeMy WebLinkAboutPC Resolution _6284- Case 3.0207 ENG 12-07RESOLUTION NO.6284
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA,
DETERMINING THAT THE VACATION OF A PORTION OF
EAST PALM CANYON DRIVE EAST OF SMOKE TREE
LANE, SECTION 25, TAN., R.4E., 1S CONSISTENT WITH
THE PALM SPRINGS GENERAL PLAN, ADOPTED
OCTOBER 2007; ENG. FILE R 12-07.
WHEREAS, Donahue Schreiber Property Management has filed an application to
reduce the current 151' wide right-of-way of East Palm Canyon Drive east of Smoke
Tree Lane to 100'-110' (variance due to existing bus stop and traffic signal control
boxes); and
WHEREAS, Section 65402(a) of the California Government Code requires that no street
or easement shall be vacated or abandoned if the adopted general plan applies thereto
until the location, purpose and extent of such easement vacation or abandonment have
been submitted to and reported upon by the planning agency as to conformity with said
adopted general plan or part thereof; and
WHEREAS, Section 607 of Article VI of the Charter of the City of Palm Springs
established the Planning Commission, and assigned it all duties set out in the California
Planning and Zoning Law for a planning agency; and
WHERAS, the Applicant has requested vacation of excess right-of-way not necessary
for future or intended use, nor does it affect the Major Thoroughfare (Divided 4-Lane)
designation of East Palm Canyon Drive, consistent with the 2007 Palm Springs General
Plan.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby determines that the proposed right-of-way vacation reduction of
151' to 100'-110', is consistent with the Palm Springs General Plan.
ADOPTED this 25th day of July, 2012.
AYES: 6, Roberts, Munger, Klatchko, Weremiuk, Hudson and Chair Donenfeld
NOES: None
ABSENT: None
ABSTAIN: 1, Calerdine
ATTEST:
.'C'M.. Crbig A. Ewing, AICP
Director of Planning Services
CITY OF PALM SPRINGS, CALIFORNIA
EXHIBIT A
Case No. 3.0297
Street Vacation
1901 East Palm Canyon Drive
CONDITIONS OF APPROVAL
July 25, 2012
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
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 3.0297. 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.
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
Planning Commission Resolution No. 5284
July 25, 2012
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.
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. Abandonment of public right-of-way for the existing frontage road along the north
frontage of Coco's is required to facilitate the proposed development application.
Vacation of public right-of-way for the southerly 51 feet of East Palm Canyon Drive
will be necessary. The applicant shall be responsible for coordinating approval of
the abandonment of the public right-of-way with all affected public utility agencies.
The applicant shall coordinate final relocation, adjustment or abandonment of all
utilities with the respective utility agencies; and shall coordinate demolition of all
existing improvements, reconstruction of affected intersecting streets, as
appropriate, with the Engineering Division.
ENG 3. The applicant shall be required to enter into an agreement that provides the City of
Palm Springs with an exclusive right of entry onto the subject property with the
right to remove all abandoned street improvements at the applicant's expense, in
the event removal of the abandoned street improvements is not completed within
two (2) years following approval of the right-of-way vacation by the City Council.
The agreement shall be secured with appropriate security, as approved by the City
Attorney, and said security shall be available to the City upon notice from the City
Engineer that the applicant has failed to perform its obligations as required by the
agreement. Prior to issuance of Precise Grading permit, the applicant shall provide
written estimates of cost to remove all abandoned street improvements,
abandonment and/or relocation of all existing underground utilities, and
construction of street improvements as necessary, subject to the approval of the
City Engineer. Estimates of costs related to public utility abandonment and/or
relocation shall be determined by the respective utility agency, as appropriate. The
agreement shall be executed by the applicant prior to issuance of any permit. The
developer shall submit a deposit of $2,500 for preparation of the agreement, and
shall be subject to actual costs associated with its preparation by the City Attorney.
E. PALM CANYON DRIVE
Planning Commission Resolution No. 6284
July 25, 2012
ENG 4. Remove existing street improvements as needed to remove the frontage road
street improvements. Street improvements shall be replaced as shown on the
approved site plan.
ENG 5. All broken or off grade street improvements along the project frontage shall be
repaired or replaced.
SMOKETREE LANE
ENG 6. Remove existing street improvements as needed to remove the frontage road
street improvements. Street improvements shall be replaced as shown on the
approved site plan.
ENG 7. All broken or off grade street improvements along the project frontage shall be
repaired or replaced.
ON -SITE
ENG 8. In accordance with Engineering Condition No. 29 of Case No. 5.1050, PD-312, and
TPM 34289 (Smoketree Commons Shopping Center), the Smoketree Commons
parking lot shall be connected to the existing Smoketree Village Shopping Center
parking lot by extending the 30 feet wide drive aisle; removal of existing parking
spaces and reconfiguration of the existing parking lot shall be made to the
satisfaction of the City Engineer.
ENG 9. The proposed driveway at the northeast corner of the Coco's site shall be
constructed in accordance with Standard Drawing No. 205. Access shall be
restricted to right -turn in and right -turn out only. A one-way sign shall be installed in
the existing median in E. Palm Canyon Drive, indicating that only a right -turn exit
from Coco's is permissible.
ENG 10. Construct a Type A curb ramp meeting current California State Accessibility
standards at the each corner of the proposed driveway 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. If necessary,
additional pedestrian and sidewalk easements shall be provided on -site to
construct a path of travel meeting ADA guidelines.
ENG 11. Construct a 12 feet wide cross gutter with splash pad at the intersection of E. Palm
Canyon Drive and the proposed driveway at the northeast corner of the Coco's site
with a flow line parallel with and located 38 feet south of the centerline of E. Palm
Canyon Drive in accordance with Detail D on the approved Precise Grading Plan
for the proposed project and the City of Palm Springs Standard Drawing No. 200
and 206.
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Planning Commission Resolution No. 6284
July 25, 2012
ENG 12. The vacated frontage road area along the Coco's frontage shall be reconstructed
to match the landscaping and parkway improvements to the east of the Coco's
parcel along the Smoketree Commons Shopping Center; this would include
construction of a meandering combination sidewalklbikepath in accordance with
the following condition from the Smoketree Commons Shopping Center project:
Construct a meandering 12 feet wide combination sidewalk and bicycle path along
the entire frontage. The construction shall be with colored Portland cement
concrete, with an admixture of Palm Springs Tan, Desert Sand, or approved equal
color by the Engineering Division. Easements for pedestrian and bike path
purposes shall be dedicated for those portions of the meandering sidewalk and
bicycle path that extend onto private property.
ENG 13. The minimum pavement section for all on -site pavement shall be 2% 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 14. The existing 12 inch water main and appurtenances located on -site, and in the
frontage road shall be abandoned and relocated as shown on the approved project
site plan.
ENG 15. The existing 8 inch sewer main in the frontage road is to remain in place with a 20
feet wide public sewer easement centered on sewer main dedicated to the City of
Palm Springs. The public sewer easement shall be shown on the landscape plan
and no trees shall be planted within the easement.
ENG 16. The applicant shall provide a copy of an executed and recorded reciprocal access
agreement, or other acceptable evidence, for use of the SmokeTree Commons
Shopping Center parcel identified by Assessor's Parcel Number (APN) 510-020-
079, prior, to approval of a Precise Grading and Paving Plan for this project.
SANITARY SEWER
Planning Commission Resolution No. 6284
July 25, 2012
Z MIN -
GRADING
ENG 21. Submit a Precise Grading & Paving Plan prepared by a California registered Civil
engineer to the Engineering Division for review and approval. The Precise Grading
Plan shall be approved by the City Engineer prior to issuance of grading permit.
A. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its
grading contractor and submitted to the Engineering Division for review and
approval. The applicant and/or its grading contractor shall be required to
comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall
be required to utilize one or more "Coachella Valley Best Available Control
Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook
for each fugitive dust source such that the applicable performance standards
are met. The applicant's or its 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 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 22. Prior to approval of a Grading Plan or issuance of any 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.
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Planning Commission Resolution No. 6284
July 25, 2012
ENG 13. In accordance with an approved PM-10 Dust Control Plan, temporary dust control
perimeter fencing shall be installed. Fencing shall have screening that is tan in
color; green screening will not be allowed. Temporary dust control perimeter
fencing shall be installed after issuance of Grading Permit, and immediately prior- to
commencement of grading operations.
ENG 14. Temporary dust control perimeter fence screening shall be appropriately
maintained, as required by the City Engineer. Cuts (vents) made into the
temporary dust control perimeter fence screening shall not be allowed. Temporary
dust control perimeter fencing shall be adequately anchored into the ground to
resist wind loading.
ENG 15. 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, temporary dust control
perimeter fencing shall be removed, as required by the City Engineer.
ENG 16. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
ENG 17. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the
applicant shall post with the City a cash bond of two thousand dollars ($2,000.00)
per disturbed acre at the time of issuance of grading permit for mitigation
measures for erosion/blowsand relating to this property and development.
ENG 18. A Geotechnical/Soils Report prepared by a California registered Geotechnical
Engineer shall be required for and incorporated as an integral part of the proposed
development. A copy of the GeotechnicallSoils Report shall be submitted to the
Engineering Division with the first submittal of a grading plan (if required) or prior to
issuance of any permit.
ENG 19. 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 (if
required) shall be certified by a California registered geotechnical or civil engineer,
certifying that all grading was performed in accordance with the Geotechnical/Soils
Report prepared for the project. Documentation of all compaction and other soils
testing are to be provided even though there may not be a grading plan for the
project. No certificate of occupancy will be issued until the required certification is
provided to the City Engineer.
ENG 23. 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
Planning Commission Resolution No. 5284
July 25, 2012
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 24. All stormwater runoff across the property shall be accepted and conveyed in a
manner acceptable to the City Engineer and released to an approved drainage
system. Stormwater runoff may not be released directly to the adjacent streets
without first intercepting and treating with approved Best Management Practices
(BMP's).
GENERAL
ENG 25. Any utility trenches or other excavations within existing asphalt concrete pavement
of off -site streets required by the proposed development shall be backfilled and
repaired in accordance with City of Palm Springs Standard Drawing No. 115. The
developer shall be responsible for removing, grinding, paving and/or overlaying
existing asphalt concrete pavement of off -site streets as required by and at the
discretion of the City Engineer, including additional pavement repairs to pavement
repairs made by utility companies for utilities installed for the benefit of the
proposed development (i.e. Desert Water Agency, Southern California Edison,
Southern California Gas Company, Time Warner, Verizon, etc.). Multiple
excavations, trenches, and other street cuts within existing asphalt concrete
pavement of off -site streets required by the proposed development may require
complete grinding and asphalt concrete overlay of the affected off -site streets, at
the discretion of the City Engineer. The pavement condition of the existing off -site
streets shall be returned to a condition equal to or better than existed prior to
construction of the proposed development.
ENG 26. All proposed utility lines shall be installed underground.
ENG 27. All existing utilities shall be shown on the improvement plans if required for the
project. The existing and proposed service laterals shall be shown from the maid
line to the property line.
ENG 28. Upon approval of any improvement plan (if required) 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 29. The original improvement plans prepared for the proposed development and
approved by the City Engineer (if required) 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
`n
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Planning Commission Resolution No. 6284
July 25, 2012
approved improvement plans shall be submitted to the City Engineer for approval
prior to construction.
ENG 30. 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.
ENG 31. 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.
TRAFFIC
ENG 32. Modification of the existing traffic signal at E. Palm Canyon Drive and Smoke Tree
Lane shall be required; applicant shall design and construct required modifications
as required by the City Engineer.
ENG 33. Install a stop sign, stop bar, and "STOP" legend for traffic exiting the development
at the proposed driveway located adjacent to the northeast corner of the project
parcel in accordance with City of Palm Springs Standard Drawing Nos. 620-625
0 and the California Manual on Uniform Traffic Control Devices for Streets and
Highways, dated January 13, 2012, or subsequent editions in force at the time of
construction, as required by the City Engineer.
ENG 34. Install a stop sign, stop bar, and "STOP" legend for eastbound traffic on the
existing frontage road west of Smoketree Lane in accordance with City of Palm
Springs Standard Drawing Nos. 620-625 and the California Manual on Uniform
Traffic Control Devices for Streets and Highways, dated January 13, 2012, or
subsequent editions in force at the time of construction, as required by the City
Engineer.
ENG 35. Remove the existing stop sign located at the intersection of northbound Smoketree
Lane and the existing frontage road.
ENG 36. 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 37. 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 January 13, 2012, or subsequent
editions in force at the time of construction.
END OF CONDITIONS
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