HomeMy WebLinkAboutPC Resolution _6393- Case 5.1296 PD 363 MAARESOLUTION NO. 6393
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING
A MINOR ARCHITECTURAL APPLICATION FOR
CONSTRUCTION OF AN AMENITIES BUILDING IN THE
DOG PARK AREA OF THE SOL PS DEVELOPMENT; A
RESIDENTIAL PLANNED DEVELOPMENT DISTRICT
LOCATED AT THE NORTHEAST CORNER OF AMADO
ROAD AND AVENIDA CABALLEROS, CASE 5.1296 PDD
363 MAA (ZONE PDD 363).
WHEREAS, Family Development LLC ("Applicant") has filed an application with the City
pursuant to Sections 94.04.00 (Architectural Review) of the Palm Springs Zoning Code
(PSZC) for construction of an amenities building in the dog park area of the SOL PS
development; (Zone PDD 363, Section 14); and
WHEREAS, notice of public meeting of the Planning Commission of the City of Palm
Springs to consider the application for Case 5.1296 PDD 363 MAA was given in
accordance with applicable law; and
WHEREAS, on April 9, 2014, a public meeting on the application for Case 5.1296 PDD
363 MAA was held by the Planning Commission in accordance with applicable law; and
WHEREAS, the proposed is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) pursuant to Section 15303 (new construction, small
structures) 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 CEQA, the subject project is Categorically Exempt from
environmental review pursuant to Section 15303 (new construction, small structures) of
the CEQA Guidelines.
Section 2: Pursuant to PSZC 94.04.00.D. Planning Commission Architectural
Advisory Committee Review Guidelines.
The planning commission has examined the material submitted with the architectural
approval application and determined that the proposed development will provide
desirable environment for its occupants as well as being compatible with the character
of adjacent and surrounding developments, and is aesthetically of good composition,
materials, textures and colors. Conformance was evaluated based on consideration of
the following:
Planning Commission Reso;.ut.on 6393 April 9, 2014
Case 5.1296 PDD 363 MAA Amen -ties Bldg. at the SOL PS Development Page 2 of 3
Item
Guideline:
Conforms? Staff Evaluation: ::0
1
Does the proposed development provide a
Yes The proposed structure would provide a
desirable environment for its occupants?
desirable amenity for residents of the Sol
project.
2
Is the proposed development compatible with the
Yes The architecture of the proposed structure is
character of adjacent and surrounding
compatible with that of the residential units in
developments?_
the development.
Is the proposed development of good
Yes The structure is proposed of painted stucco
com osition, materials, textures, and colors?
with generous overhangs and areas of glass.
F43
Site layout, orientation, location of structures and
NA The proposed accessory structure is
relationship to one another and to open spaces
conveniently located to provide amenities to
and topography. Definition of pedestrian and
users of the private dog park within the Sol
vehicular areas; i.e., sidewalks as distinct from
project. The applicant may want to study the
parking lot areas
comer area behind the proposed structure for
use as a small utility/service area and provide
paving and controlled access to that area for
security.
5
Harmonious relationship with existing and
Yes The proposed structure is harmonious with the
proposed adjoining developments and in the
architecture of the Sol project. The structure is
context of the immediate
located relatively close to adjacent residential
neighborhoodicommunity, avoiding both
units but is separated from those units by
excessive variety and monotonous repetition, but
garden walls.
allowing similarity of style, if warranted
6
Maximum height, area, setbacks and overall
Partially The proposed building would be roughly 9` 6"
mass, as well as parts of any structure (buildings,
in height and is well below the height limit
walls, screens, towers or signs) and effective
the zone. A small ground -mounted "mini -split"
concealment of all mechanical equipment
air conditioning condensing unit is proposed
along the northeast (back) side of the building
but no screening is proposed.
7
Building design, materials and colors to be
Yes The colors are consistent with those of the Sol
sympathetic with desert surroundings
development.
8
Harmony of materials, colors and composition of
Yes The materials and composition of the
those elements of a structure, including
proposed structure are harmonious with the
overhangs, roofs, and substructures which are
architecture of the Sol project.
visible simultaneous)
9
Consistency of composition and treatment
Yes The small structure is uniform in its
com osition and material treatment.
10
Location and type of planting, with regard for
NA The dog park is fully landscaped, including the
desert climate conditions. Preservation of
area around the prosed accessory structure.
specimen and landmark trees upon a site, with
proper irrigation to insure maintenance of all plant
materials
Planning Commission Resolution 6393
Case 6.1296 PDD 363 MAA Amenities Bldg. at the SOL PS Development
April 9, 2014
Page 3 of 3
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Case 5.1296 PDD 363 MAA, a roughly 203 square foot
accessory structure containing a restroom, wet bar, and self -serve coffee station within
the dog park area of the SOL PS development, subject to those conditions set forth in
Exhibit A, which are to be satisfied unless otherwise specified.
ADOPTED this 91h day of April, 2014.
AYES: 5, Commissioner Calerdine, Commissioner Klatchko, Commissioner
Lowe, Commissioner Weremiuk and Vice -Chair Hudson
NOES:
None
ABSENT:
2, Commissioner Roberts and Chair Donenfeld
ABSTAIN:
None
ATTEST:
. Ma go Wheeler, P
Director of Planning Services
CITY OF PALM SPRINGS, CALIFORNIA
RESOLUTION NO. 6393
EXHIBIT A
Case 5.1296 PD 363 MAA
A ROUGHLY 203 SQUARE FOOT ACCESSORY STRUCTURE WITHIN THE DOG
PARK AREA OF THE SOL DEVELOPMENT; A RESIDENTIAL PLANNED
DEVELOPMENT AT THE NORTHEAST CORNER OF NORTH AVENIDA
CABALLEROS AND AMADO ROAD, (ZONE PDD 363)
April 9, 2014
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. Proiect Description. This approval is for the project described per Case
5.1296 PDD 363 MAA; except as modified with the approved Mitigation
Monitoring Program and the conditions below;
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped March 4, 2014, including
site plans, architectural elevations, exterior materials and colors, on file in the
Planning Division except as modified by the conditions below.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with
the provisions of the Palm Springs Zoning Code.
ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the
City of Palm Springs, its agents, officers, and employees from any claim,
action, or proceeding against the City of Palm Springs or its agents, officers
or employees to attach, set aside, void or annul, an approval of the City of
E0
Case 5.1296 PDD 363 MAA Amenities Building at SDI. PS development Page 2 of 5
Conditions of Approval
Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case 5.1296 PDD 363 MAX 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 6. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including
and without limitation all structures, sidewalks, bikeways, parking areas,
landscape, irrigation, lighting, signs, walls, and fences between the curb and
property line, including sidewalk or bikeway easement areas that extend onto
private property, in a first class condition, free from waste and debris, and in
accordance with all applicable law, rules, ordinances and regulations of all
federal, state, and local bodies and agencies having jurisdiction at the
property owner's sole expense. This condition shall be included in the
recorded covenant agreement for the property if required by the City.
ADM 7. Time Limit on Approval. Approval of the Minor Architectural Application
(MAA) shall be valid for a period of two (2) years from the effective date of the
approval. Extensions of time may be granted by the Planning Commission
upon demonstration of good cause.
ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00. Permits will not be issued until the appeal period has
concluded.
ADM 9. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of
the Municipal Code regarding public art. The project shall either provide
public art or payment of an in lieu fee. In the case of the in -lieu fee, the fee
shall be based upon the total building permit valuation as calculated pursuant
to the valuation table in the Uniform Building Code, the fee being 112% for
commercial projects or 114% for residential projects with first $100,000 of total
building permit valuation for individual single-family units exempt. Should the
public art be located on the project site, said location shall be reviewed and
approved by the Director of Planning and Zoning and the Public Arts
Case 5.1296 PDD 363 MAA Amenities Building at SOL PS development Page 3 of 5
Conditions of Approval
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.
ADM 10. Park Development Fees. The developer shall dedicate land or pay a fee in
lieu of a dedication, at the option of the City. The in -lieu fee shall be
computed pursuant to Ordinance No. 1632, Section IV, by multiplying the
area of park to be dedicated by the fair market value of the land being
developed plus the cost to acquire and improve the property plus the fair
share contribution, less any credit given by the City, as may be reasonably
determined by the City based upon the formula contained in Ordinance No.
1632. In accordance with the Ordinance, the following areas or features shall
not be eligible for private park credit: golf courses, yards, court areas,
setbacks, development edges, slopes in hillside areas (unless the area
includes a public trail) landscaped development entries, meandering
streams, land held as open space for wildlife habitat, flood retention facilities
and circulation improvements such as bicycle, hiking and equestrian trails
(unless such systems are directly linked to the City's community -wide system
and shown on the City's master plan).
ADM 11. 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.
ENVIRONMENTAL ASSESSMENT CONDITIONS 0
ENV 1. 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 2. 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)
a. A Native American Monitor(s) shall be present during all ground
disturbing activities including clearing and grubbing, excavation, burial of
utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of
Cahuilla Indian Cultural Office for additional information on the use and
availability of Cultural Resource Monitors. Should buried cultural deposits
be encountered, the Monitor shall contact the Director of Planning. After
consultation the Director shall have the authority to halt destructive
construction and shall notify a Qualified Archaeologist to further
investigate the site. If necessary, the Qualified Archaeologist shall
Case 5.1296 PDD 363 MAA Amenities Building at SOL PS development Page 4 of 5
Conditions of Approval
prepare a treatment plan for submission to the State Historic Preservation
Officer and Agua Caliente Cultural Resource Coordinator for approval.
b. Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record
search results and site records/updates shall be forwarded to the Tribal
Planning, Building, and Engineering Department and one copy to the City
Planning Department prior to final inspection.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a
photometric site plan showing the project's conformance with Section
93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance,
shall be submitted for approval by the Department of Planning prior to
issuance of a building permit. Manufacturer's cut sheets of all exterior lighting
on the building and in the landscaping shall be included. If lights are proposed
to be mounted on buildings, down -lights shall be utilized. No lighting of
hillsides is permitted.
PLN 2. Water Efficient Landscaping Conformance. The project is subject to the
Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs
Municipal Code and all other water efficient landscape 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 local water
agency that they are in conformance with the water agency's and the State's
Water Efficient Landscape Ordinances.
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. Flat Roof Requirements. Roof materials on flat roofs (less than 2:12) must
conform to California Title 24 thermal standards for "Cool Roofs". Such roofs
must have a minimum initial thermal emittance of 0.75 or a minimum SRI of
64 and a three-year aged solar reflectance of 0.55 or greater. Only matte
(non-specular) roofing is allowed in colors such as beige or tan.
PLN 5. Maintenance of Awnings & Proiections. All awnings shall be maintained and
periodically cleaned.
Case 5.1296 PDD 363 MAA Amenities Building at SOL PS development
Conditions of Approval
Page 5 of 5
PLN 6. Screen Roof -mounted Equipment. All roof mounted mechanical equipment
shall be screened per the requirements of Section 93.03.00 of the Zoning
Ordinance.
PLN 7. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be
permitted on any facade on the proposed building(s) that are visible from
adjacent streets or residential and commercial areas.
PLN 8. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 9. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 10. Provide masonry visual and acoustical screen wall around the A/C
condensing unit.
PLN 11. Provide an integrated means of providing trash receptacles and enclosures.
PLN 12. Window mullion to match windows of unit.
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
ENG 1. Prior to any construction on -site, all appropriate permits must be secured.
FIRE DEPARTMENT CONDITIONS
GENERAL CONDITIONS
These Fire Department conditions may not provide all requirements. Detailed plans
shall be required for review.
FID 1 Fire Extinguisher Requirements (CFC 906): Provide one 2A:10B:C portable
fire extinguisher. Extinguisher shall be mounted in a visible, accessible
location 3 to 5 feet above floor level. Preferred location is in the path of exit
travel or near an exit door.
END OF CONDITIONS