Loading...
HomeMy WebLinkAbout9/6/2000 - STAFF REPORTS (23) 1P DATE: September 6, 2000 TO- City Council FROM: Director of Planning & Building CASE NO. 3.1875 (MAJOR ARCHITECTURAL APPROVAL) - APPEAL BY WHITE BROTHERS INVESTMENT COMPANY OF CERTAIN PLANNING COMMISSION CONDITIONS OF APPROVAL FOR THE DEVELOPMENT OF A 39,902 SQUARE FOOT OFFICEHMANUFACTURING BUILDING ON APPROXIMATELY 3 ACRES OF LAND, LOCATED AT THE NORTHEAST CORNER OF GENE AUTRY TRAIL AND TACHEVAH DRIVE, M-1-P ZONE, SECTION 7. RECOMMENDATION: Staff recommends that the City Council consider the proposed appeal of Engineering Division Conditions No. 5 and 35, regarding reconstructing the northeast intersection of Gene Autry Trail and Tachevah Drive, as requested by the applicant. The City Council may uphold, override or modify the decision of the Planning Commission. The applicant is represented by Mr. John Burke of White Brothers Investment Company, Urrutia Architects and Mainiero, Smith and Associates, Civil Engineers for the project. BACKGROUND: White Brothers Investment Company has submitted a Major Architectural Approval application for the development of a 39,902 square foot office/manufacturing building located at the northeast corner of Gene Autry Trail and Tachevah Drive. The building is flexibly designed to accommodate either single or multiple tenants. Vehicular access to the project will be available from Tachevah Drive and Bird Center Drive. On July 5, 2000, the Planning Commission approved this project 4-1, with two abstentions, subject to conditions, which have been attached to this report. A copy of the minutes from this meeting have also been attached to this report for your convenience. The Planning Commission approved plans will be posted for review of the City Council at the September 6th public hearing. The applicant is proceeding with this new building and is currently in plan check. This is the first new building in this area since the Federal Express building, adjacent to and north of the proposed building, was completed in 1995. APPEAL REQUEST: On July 20, 2000, the applicant filed a timely appeal with the City Clerk to appeal Engineering Division Conditions of Approval Nos. 5 and 35 contained in the Planning Commission adopted Conditions of approval dated July 5, 2000. Engineering Division Condition Nos. 5 and 35 read as follows: GENE AUTRY TRAIL NORTH 5. "Construct a curb ramp meeting current California State Accessibility standards at the SOUTHWEST corner of the subject property per City of Palm Springs Std. Dwg. Nos. 212 and 212A. The curb ramp shall have a 35 foot radius curb return;" and 2zA TRAFFIC 35, "The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the GENE AUTRY TRAIL NORTH, TACHEVAH DRIVE and BIRD CENTER DRIVE frontages of the subject property." The attached letter from the applicant dated August 23, 2000 embellishes upon the applicants position on these conditions. APPEAL ANALYSIS: In considering this appeal, the City Council should be aware of the Implications that Engineering Conditions Nos. 5 and 35 above have on existing off-site improvements. First, these conditions, which require a modification of the existing curb return radius along the property frontage near the Gene Autry Trail/Tachevah Drive intersection, would require structural modifications at this intersection. These modifications include a relocation of the existing traffic signal mast arm and the re-construction of the handicapped access ramp. The Engineering Conditions of Approval Nos. 5 and 35, which would require the developer to re-construct the intersection, are both based on the Federal American Disabilities Act requirements and California State Accessability Standards that the City of Palm Springs is required to enforce. Condition No. 5 requires the construction of a curb ramp that meets current state and federal requirements. The curb return radius of 35 feet is predicated on the fact that the California State Vehicle Code increased the permissible length of semi- tractor trailer trucks, thereby requiring a larger turning radius so the trucks would not use more than one traffic lane to negotiate a turn. These parameters are contained in Caltrans Highway Design Manual Section 405.8. Condition No. 35 provides for handicap clearance/accessability around all street furniture(i.e. light poles, signal poles, utility vaults, sign posts, etc.). Since the project is located adjacent to Highway 111, input from Caltrans was required during the initial review process. Caltrans did recommend that these conditions be implemented with the project. As noted in the attached letter from the applicant, the project is located within Assessment District(AD) No. 155. Improvements within AD 155 have been completed along the project frontage and the applicable assessment associated with the property has been paid These improvements are less than 10 years old and are still in good physical condition. The applicant purchased the property under the assumption that, due to the age and condition of street frontage improvements, no modifications would be required to these existing improvements. The applicant has noted that they feel as if they are paying for these improvements twice if the City Council upholds the decision of the Planning Commission and the improvement value gained by the recommended conditions would be negligible. In addition to the items listed in the attached letter from the applicant, the engineer for the applicant will be studying whether the existing traffic signal mast arm will need to be replaced with a longer, taller mast arm in conjunction with the recommended radius curb return conditions. The applicant will have this information available for City Council consideration at the September 61h public hearing. A X4 Z All developments, other than a single family residential lot, are required to comply with the same parameters as those indicated above. In the opinion of the City Engineer, the waiver of these conditions at this time would 'open the door" to all developers requesting relief from these requirements. The California State Accessibility Standards have been previously adopted by the City Council by Ordinance as part of the Title 24 Regulations of the Uniform Building Code, and , in the opinion of the City Engineer, it is mandatory that the City adhere to applicable Federal American Disabilities Act requirements for the protection of our citizens. Therefore, in the opinion of the City Engineer, the City would be putting itself in jeopardy by not requiring adherence to the above state and federal regulations. In reviewing the possible options the City Council can consider for this appeal, the City Council can: — Uphold the decision of the Planning Commission, using the above justification as the basis of this decision; Override the decision of the Planning Commission, using information contained in the attached correspondence from the applicant as sufficient justification with site specific ramifications; or Modifythe conditions adopted bythe Planning Commission, allowing forthe existing curb to remain in place but re-construct the handicapped accessible ramp to comply with the American Disabilities Act requirements. Following direction from the City Council, staff will prepare an appropriate Resolution for formal consideration at the September 20, 2000 City Council public hearing. ENVIRONMENTAL ANALYSIS AND NOTIFICATION: This project has been previously assessed for potential environmental impacts in conjunction with Tentative Map No. 13761, and is therefore not subject to further environmental review in accordance with the California Environmental Quality Act(CEQA). All property owners within a 400 foot radius of the parcel considered for subdivision were notified. As of the writing of this report, no comments other than those presented by the applicant have been received by staff. 1-2 Director c&lanning and Building �CityMariaoer � ATTACHMENTS: 1. Vicinity Map 2. Letter from applicant 4. Adopted Planning Commission Conditions of Approval dated July 5, 2000 5. Planning Commission Minutes dated July 5, 2000 42Mal 3 VICINITY IIAP N.T.S. V15TA CHINO FOAP ppOJ�C1" OCKON fl TACNEVAN Dt?, PALM �� SPpINGS NTEFUTION& TMQU117 CANYON WAY AIpPOpT z v pAMON PM dtR CITY OF PALM SPRINGS CASE NO. 51015 DESCRIPTION APPEAL ToalwcouNal APPLICANT WHI1-F 6 oar.5 OF PLANNING COMM15510N CONDITIONS OF NVE5fMENT COMPANY APPOV& ON A 39,902 504,'E EOOf OFFICE/ INDU5TM, 6UILP NG I OCA [?Af THE NOPTHEAST COI;NEP OF GENE AUTY VAL fACHEVAH Pp., M-I-P ZONE, 5ECnON 7, 06/23/2000 16:09 7603237093 M S ASSOCIATES PAGE 02/04 Mainielro, Smith and Associates, Inc. ' Pd¢rsnfng/Civil&sgirseerirng/Land Surveping 777 East Tahquita,Canyon Way,Suite 101 /Palm Sprinss,California 92262.6784 Telephone(760)320-9811 /FAX(700)323-7893 •e-mail rnfogmainierostnith,corn• www.mainierosniith.com Via facsimile and regular mail August 23, 2000 Mr. Steve Hayes, Principal Planner Planning Department CITY OF PALM SPRINGS 3200 East Tahquitz Canyon Way Palm Springs, California 92262 Re: Appeal—AA 3.1875 Industrial building located at 1104 Gene Autry Trail (APN: 677-020-021) Dear Steve: On July 5, 2000 the Planning Commission approved the above referenced application subject to Conditions of Approval. The subject of our appeal deals with two of the Engineering Conditions of Approval that modify existing street improvements (Nos. 5 and 35). As a result of an assessment district, the street improvements in question where installed. The above referenced site is located within the boundaries of Assessment District No. 155. The conditions of approval required by the Planning Commission involve the reconstruction of the curb return at the southwest corner of the site with an increased radius and a minimum of 48 inches of clearance to meet ADA requirements. In order to meet the above conditions of approval, a portion of the improvements already installed and completely paid for will have to be removed. The assessment for this property is $77,475,84, According to City, records the assessment was paid in full in 1996. When the property,was purchased it was the understanding of the applicant that the site was basically a "finished" site and that the extent of the improvements would be limited to completion the sidewalks and on site improvements. While we understand that standards change over time and the necessity on the part of the City to equitably apply standards, we question the reasonableness and fiscal soundness of replacing improvements less than 10 years old, when the improvement value appears to be negligible. 06/23/2000 16:09 7603217613 M S ASSOCIATES PAGE 03/04 Letter to Steve Hayes AA 3,1875 August 23. 2000 Pagetwo Imposition of these conditions will require the applicant to pay twice for public improvements. Very preliminary estimates for the work indicate the cost to the applicant of approximately $67,000.0o. Our breakdown of the tasks involved include the following: Engineering design $ 6,000 Traffic Control (interim) $10,000 Traffic Signal relocation $30,000 Remove and relocate curb, gutter, cross gutter and spandrel $10,000 Cal Trans plans and coordination $10,000 Additional dedication documents $ 1,000 Additional dedication Land value $ not known Thank you for the opportunity to present our concerns. If you should have any questions, please feel free to contact me. Very truly yours, ✓ (� /��� /% I WGC cvY / Margo M. liams, AICP Planning Project Manager enclosure c; John Burke,White Brothers Inv, Co. Mainiero, Smith and Associates,Inc. 777 Fast Tahquitz Canyon Way,Suite Ml/Palm Springs,Caliromia 92262-6754/Telephone(760)320-9311/FAX(760)323-7893 e-maU infoq mainierosmith.com•www.mainierosmith.com azA (• I I f 5EE STREET !MM DRAWING NO. 300 .80 I •V l � j m x , f ,,l � y 25� wkV" 4B/69 39tld 531aI00 W 56tl S E66LEZE99L 60:9I 090Z/E3160 i City of Palm Springs CASE NO. 3.1875 OFFICE / INDUSTRIAL BUILDING NORTHEAST CORNER OF TACHEVAH DRIVE AND GENE AtJTRY TRAIL Planning Commission Conditions of Approval July 5, 2000 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, 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. 1. 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 No. 3.1875. 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 judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. Architectural 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. 4. 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 and Building for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 22 5. 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. 6. 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. 7. Drainage swales shall be provided adjacent to all curbs and sidewalks - S wide and 6" deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24,020 of the Municipal Code prohibits nuisance water from entering public streets, roadways or gutters. 8. 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 per City of Palm Springs Engineering Specifications. 9. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval as part of the final development plans. 10. All materials on the flat portions of the roof shall be earth tone in color. 11. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 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. 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. 12. No exterior downspouts shall be permitted on any facade on the proposed building which are visible from adjacent streets or residential and commercial areas. 13. The design, height, texture and color of the building, fences and walls shall be submitted for review and approval prior to issuance of building permits. 14. The street address numbering / lettering shall not exceed eight inches in height. 15. An exterior lighting plan in accordance with the lighting ordinance in effect at the time shall be submitted for review and approval by the Director of Planning and Building prior to the issuance of building permits. A photometric study and manufacturer's cut sheets of all exterior lighting on the building, in the landscaping and in the parking lot shall be submitted for approval prior to the issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. 16. Illumination levels in the parking area shall be an average of one-foot candle with a ratio of average light to minimum light of four to one (4:1). 17. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from the curb face. 2 *a 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 part of the proposed plan. 20. 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. 21. Loading space facilities shall be provided in accordance with Section 9307.00 of the Zoning Ordinance. Said facilities shall be indicated on the site plan and approved prior to the issuance of building permits. 22, 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 in #23 below. 23. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 24. 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. 25. 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. 26. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. 27. 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 wide 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". 28. Handicap 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. 29. Compact and handicapped spaces shall be appropriately marked per Section 9306.000OC 10 of the Zoning Ordinance. 30. Curbs shall be installed at a minimum of five (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, buildings and adjoining driveways. 201609 /V 31. 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 feeing being 1/2%for commercial projects or 1/4%for residential projects with the 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 Building 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. 32. 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 pursuant to the applicable section of the municipal code. 33. The applicant shall provide all tenants with Conditions of Approval of this project. 34. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 35. The project shall comply with the City of Palm Springs Transportation Demand management (TDM) Ordinance which establishes transportation demand management requirements for the City of Palm Springs. Refer to Chapter 8.4 of the Municipal Code for specific requirements. (Projects with 100 or more employees). 36. The mounding around the perimeter of all on-site retention areas shall be undulating and natural in appearance, and shall be indicated or noted as such on the final landscape plan and reviewed in the field prior to landscaping. 37. A total of three trash enclosures shall be provided on site, of a design and in locations acceptable to the Director of Planning and Building. 38. A combination of decorative screen walls and berming at a minimum height of 48 inches above top of curb grade shall be used to screen parking areas from view of all perimeter streets, to the satisfaction of the Director of Planning and Building. 39. Additional vertical landscaping shall be provided near the northwest corner of the building to minimize the impact of the northwest prevailing winds,to the satisfaction of the Director of Planning and Building. 40. A sample of the proposed special paving material shall be provided for review and approval of the Director of Planning and Building prior to the issuance of building permits. POLICE DEPARTMENT 41. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. WASTE DISPOSAL SERVICES 42. The location of the trash enclosure is acceptable subject to approved construction details approved by the Director of Building and Safety consistent with approved City details. BUILDING DEPARTMENT 43. Prior to any construction on-site, all appropriate permits must be secured. FIRE DEPARTMENT 44. Construction requirements - construction shall be in accordance with the 1998 California Fire Code, 1998 California Building Code, 1997 National Electrical Code, City of Palm Springs Ordinance 1570, California Contractors State License Board, Desert Water Agency Requirements, NFPA 143, 13A, 14, 24, 26, 72, plus UL and CSFM listings and approvals. 45. Premises identification - approved numbers or addresses shall be in accordance with the 1998 California Building Code, Chapter 5. Contact Building Official. 46. Fire Department access and water supplies- Fire Department access and water supply shall be in accordance with the 1998 California Fire Code, Article 9. 47. Fencing required -construction site fencing is required in accordance with City of Palm Springs Ordinance 1570. 48. Fire Department access gates - construction site fire department access gates shall be at least 14 feet in width and equipped with a frangible chain and padlock. 49, Construction site guard - A construction site guard is required for combustible construction over 10,000 sq. ft. 50. Site protection - provide a water hose or hoses equipped with adjustable spray nozzle or nozzles for construction site fire protection. 51. Water systems and hydrants-where underground water mains are to be provided, they shall be installed, completed and in service with fire hydrants or standpipes, but not later than the time when combustible materials are delivered to the construction site. 52. Emergency access-free access from the street shall be provided and maintained at all times. 53. Commercial fire hydrants - A commercial H-2 type fire hydrant or hydrants shall be installed every 300 feet or portion thereof or as the Fire Marshal deems necessary. 54. Fire Hydrant and FDC location-A commercial fire hydrant is required within 30 ft. to 40 ft. of the Fire Department connection (FDC). 55. WaterAgency Construction Specifications-All water mains and fire hydrants must R OA r41Z be installed in accordance with Desert Water Agency specifications. 56. Fire Extinguishers-portable fire extinguishers shall be installed in accordance with 1998 California Code, Article 10, Standard 10. 57. Fire Alarm System - Fire alarm system required. Installation and maintenance shall be in accordance with NFPA 72. 58. Flame Retardant Treatment and Standards -All flame retardant treatments and standards shall be in accordance with the 1998 California Building Code. 59. Further comments - further comments as conditions warrant. ENGINEERING: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. _ Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. 2. Developer shall obtain State permits and approval of plans for all work done on State Highway 111. A copy of Caltrans requirements shall be submitted to the City Engineer prior to the issuance of any grading or building permits. Work shall be coordinated with the Engineering Department pertaining to City of Palm Springs Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares All Caltrans street improvement requirements shall be incorporated into these conditions of approval when they are received from Caltrans. 3. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. 4. Dedicate an additional right-of-way to provide a property line - corner cut- back at the SOUTHEAST AND SOUTHWEST corners of the subject property in accordance with City of Palm Springs Standard Drawing No. 105. 42924 /3 • 0 GENE AUTRY TRAIL NORTH 5. Construct a curb ramp meeting current California State Accessibility standards at the SOUTHWEST corner of the subject property per City of Palm Springs Std. Dwg. Nos. 212 and 212A. The curb ramp shall have a 35 foot radius curb return. 6. Construct a 10 foot wide combination sidewalk and bicycle path along the entire GENE AUTRY TRAIL frontage. 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 Department. The concrete shall receive a broom finish. 7. Construct a 160-foot long by 12-foot wide bus turn out on the GENE AUTRY TRAIL NORTH frontage NORTH OF THE GENE AUTRY TRAIL @ TACHEVAH DRIVE INTERSECTION. The configuration shall be approved by the City Engineer in conjunction with SunLine Transit. The location of the bus turnout shall be moved north of the existing bus stop location, possibly shared with the contiguous property to the north, to the satisfaction of the City Engineer and the Director of Planning and Building. Contact SunLine Transit for details regarding bus stop furniturelshelter requirements. Developer shall construct shelter inclusive of furniture and lighting. 8. If the public grant application for landscaping the Gene Autry Trail North median island is not granted during the 2000 calendar year,the developer shall pay his proportionate share of the landscape/irrigation construction of the landscaped, raised median island across the project frontage as specified by the City Engineer and Director of Planning and Building prior to issuance of a grading or building permit. 9. All broken or off grade CURB, GUTTER, AND AC PAVEMENT shall be repaired or replaced. BIRD CENTER DRIVE 10. Remove existing ac berm and construct a 6 inch curb and gutter, 25 feet WEST of centerline along the entire frontage, with a 25 foot radius curb return at the SOUTHEAST corner of the subject property per City of Palm Springs Standard Drawing No. 200. 11, The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum width of 24 feet. 12, Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 13, Construct a curb ramp meeting current California State Accessibility standards at the SOUTHEAST corner of the subject property per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 14, Construct a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch crushed miscellaneous base with a minimum 42zAl subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutterto a clean sawcut line in the existing pavement inclusive of feathering to provide a smooth transition to existing pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 310. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. TACHEVAH DRIVE 15. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 205 and have minimum width of 24 feet to accommodate a curb ramp. The ingress and egress lanes shall be a minimum of 14 feet wide.The proposed median island shall be designed with curb ramps or the median island shall be pulled back to allow an unrestricted path of travel. The sidewalk may be reduced to 5 feet in width, in accordancewith City of Palm Springs Standard Drawing No. 210, per City Standards to the satisfaction of the City Engineer. 16. All broken or off grade CURB, GUTTER, AC PAVEMENT AND SIDEWALK shall be repaired or replaced. SANITARY SEWER 17. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. GRADING 18. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 19. Submit a Grading Plan prepared by a Registered Professional to the Engineering Department for plan check. Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Department. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Copy of final Planning Department comments. B. Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. E. Copy of Soils Report, IF required by these conditions. F. Copy of Hydrology Study/Report, IF required by these conditions. aIX41 20. Drainage swales shall be provided adjacent to all curbs and sidewalks -3' wide and 6"deep-to keep nuisance water from entering the public streets, roadways, or gutters. 21, The area in which this project is situated is indicative of desert soil conditions found in many areas of Palm Springs. The Engineering Department does not require a soils report. This does not mean that subterranean conditions unknown at this time may not affect construction done on this site. 22. Contact the Building Department to get PM10 requirements prior to request for grading permit. DRAINAGE 23. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure. On-site retention/detention or other measures approved by the City Engineer shall be required if off- site facilities are determined to be unable to handle the increased flows generated by the development of the site. Provide calculations to determine if the developed Q exceeds the capacity of the approved drainage carriers. 24. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $4,117.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. ON-SITE 25. The minimum pavement section for all on-site parking areas shall be a minimum of 2 1/2 inch asphalt concrete pavement over 4 inch crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal.The pavement section shall be designed, using"R" values, determined by a licensed Soils Engineer and submitted with the Fine Grading Plan to the City Engineer for approval. 26. The on-site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00. GENERAL 27. Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement to match existing pavement plus 1 additional inch. Pavement shall be restored to a smooth rideable surface. 28. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. 29. All existing utilities shall be shown on the grading plans. The existing and proposed service laterals shall be shown from the main line to the property line. The approved original grading plans shall be as-built and returned to the City of Palm Springs Engineering Department prior to issuance of the certificate of occupancy. oz�Lr4 !` 30. Developer shall contact all utility purveyors to obtain written confirmation of service and submit a copy of all utility company will-serve letters to the City Engineer with first plan check. 31. Nothing shall be constructed or planted in the corner cut-off area of any street intersection or driveway which does or will exceed three (3) feet in height in order to maintain an appropriate sight distance. 32. All tree wells 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 per City of Palm Springs Engineering specifications. MAP 33. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Lot Line Adjustment. 34. The existing lots or parcels shall be combined. The developer shall submit a lot line adjustment prepared by either a Registered Civil Engineer or a Licensed Land Surveyor to the Engineering Department. This condition shall be complied with before issuance of grading or building permits. TRAFFIC 35. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the GENE AUTRY TRAIL NORTH, TACHEVAH DRIVE and BIRD CENTER DRIVE frontages of the subject property. 36. Construction signing, lighting and barricading shall be provided for on all projects 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 State of California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES"dated 1996, or subsequent additions in force at the time of construction. 37. This property is subject to the Transportation Uniform Mitigation Fee based on the INDUSTRIAL MINI-WAREHOUSING ITE Code A land use. 92WX 4 /? Planning Commission Meeting Minutes Page 3 of 6 July 05, 2000 Case 3.1875—Application by Urrutia Architects for an architectural approval to construct an office/industrial building on Gene Autry Trail between Tachevah Drive,Bird Center Drive, and Gene Autry Trail, M-1-P Zone, Section 7. Principal Planner Hayes reviewed this application for the Planning Commission. He reported that the Design Review Committee had closely studied this application. He further reported that staff would work closely with the applicant concerning the design of the retention basin. He reported that the proposed parking count is two spaces over code requirements. Mr. Frank Urrutia, applicant, addressed the Planning Commission. He stated that engineering's condition for a bus turnout will effectively eliminate most of the landscaping shown on current plans. He also reported that the adjacent property does not have the conditioned screen walls or berming and so requested relief from conditions requiring this. Mr. Marvin Roos, Mainiero, Smith, &Associated, addressed the Planning Commission regarding engineering conditions concerning the bus stop, signalization, and Caltrans encroachment. City Engineer, Dave Barakian,reported to the Planning Commission that he had metwith Mr. Roos regarding the vehicle code which was changed 9-10 years prior, increasing the curb return radius from 25 ft. to 35 ft.which is the City's current standard and his recommendation. He reported that the bus stop (approximately 100 ft. north of the intersection) is an existing stop and that it is safer to have a turn out rather than a stop at this area, on the south side of the Gene Autry Trail/Tachevah intersection. M/S/C(Matthews/Caffery)4-1, 2 abstain, Raya dissenting,to approve subject to conditions and: move Caltrans bus stop north of existing location; make turn radius at intersection 35 ft., per recommended conditions of approval; defer sidewalk requirement by covenant; reduce sidewalk width to 5 ft. of Tachevah and Bird Center Drive. PUBLIC HEARINGS: 5.0827(PD 259)and TTM 29638—Application by Lundin Development Co.fora Preliminary Planned Development District for a proposed integrated, single-phased shopping center consisting of a 57,541 square foot supermarket, a 14,883 square foot drug store with drive- through pharmacy,two quick-service restaurant pads consisting of 3,589 and 3,000 square feet, respectively, various retail shop space consisting of 25,353 square feet and an automotive refueling station with drive-through car wash and the subdivision of the 9.9 gross acre/8.29 net acre site into nine (9) parcels, ranging in size from 0.13 acres to 2.82 acres, located at the northwest corner of Ramon Road and Sunrise Way,C-1 Zone, Section 14: a� A / � i AFFIDAVIT OF MAILING NOTICES I, the undersigned City Clerk of the City of Pahn Springs, California, do hereby certify that a copy of the Notice of Public Hearing before the City Council of the City of Palm Springs, in conjunction with Case No. 3.1875, White Brothers Investment Company, was mailed to each and every person set forth on the attached list on the 21st day of August, 2000. A copy of said Notice is attached hereto. Said mailing was completed by placing a copy of said Notice in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 21st day of August, 2000. C A PATRICIA A. SANDERS City Clerk is CITY COUNCIL CITY OF PALM SPRINGS NOTICE OF PUBLIC HEARING Appeal of Case No. 3.1875 (Major Architectural Approval) White Brothers Investment Company Northeast corner of Gene Autry Trail and Tachevah Drive NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of September 6, 2000. The City Council meeting begins at 7:00 p.m. in the Council Chambers at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider an appeal by White Brothers Investment Company, of certain conditions of approval adopted by the Planning Commission on September 06. 2000 in conjunction with the Major Architectural Approval Application for the proposed development of a 39,902 square foot office/industrial building on approximately 3 acres of land located at the northeast corner of Gene Autry Trail and Tachevah Drive, M-1-P zone, Section 7. This project has been previously assessed for potential environmental impacts in conjunction with Tentative Map No. 13761, and is therefore not subjectto further environmental review in accordance with the California Environmental Quality Act (CEQA). If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at or prior to the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Steve Hayes, Department of Planning & Building, 760/323- 8245. PATRICIA A. SANDERS City Clerk Publish: August 25, 2000 VICINITY IIAP N.T.S. V15TA CHINO FOAJ �OCAVON fACHFVAN np PA.M 7� SPpINGS ' INfE WPONA. fAjQUIfZ CANYON WAY AIpPOpf z v P.AMON p0A17 CITY OF PALM SPRINGS CASE, NO. DESCRIPTION �pr�& TOCIVCOUNa� APPLICANT WHITE 6pOfNEpS OF PLANNING COMM155ION CONnIPON5 OF NVE5TMENf COMPANY A FP\OVA. ON A 39,902 50UWF FOOT OFFICE/ INPU5TFlA, %LRNG LOCATEP Af THE NOMA5T COFUF\ OF GENE AUTPY f{Z& & fACHEVAH bW M-1-P ZONE, 5EC110N T APN 677-250-020 APN 677-250-021 APN 677-250-022 GATTD LTD GATTD LTD MCCULLOUGH INV CO&CHEVROLET CO 68845 PEREZ RD STE 30 68845 PEREZ RD STE 30 230 BILTMORE CT CATHEDRAL CITY CA 92234-7254 CATHEDRAL CITY CA 92234-7254 ALAMO CA 94507-2303 APN 677-250-023 APN 677-250-024 APN 677-260-022 GATTD LTD BIRD MEDICAL TECHNOLOGIES INC CITY OF PALM SPRINGS 68845 PEREZ RD STE 30 1100 BIRD CENTER DR PO BOX 2743 CATHEDRAL CITY CA 92234-7254 PALM SPRINGS CA 92262-8000 PALM SPRINGS CA 92263-2743 APN 677-260-025 APN 677-260-026 APN 677-453-003 DT PALM SPRINGS INTER CONT INENTAL AEC LTD PARTNERSHIP RAYMOND J.PAIGE 1 TAMPA CITY CR#2100 2408 S QUEEN ST 1252 MONTALVO WY#K TAMPA FL 33602-5813 ARLINGTON VA 22202-1554 PALM SPRINGS CA 92262-5441 APN 677-453-004 APN 677-453-007 APN 677-453-008 HAIG &NORA G.ATAMIAN LAKE SAN MARCOS LTD PARTNE RSHIP DESERT AIR BUSINESS CENTER 1105 N GENE AUTRY TR 1918 W GRANT ST 636 ACANTO ST#102 PALM SPRINGS CA 92262-5450 PHOENIX AZ 85009-5933 LOS ANGELES CA 90049-2128 APN 677-461-013 Nl h l�e -&ras Dc v. JAY W.&ANTOINETTE REVELL CD { --7 30 H W Y 12 a0 9 5711 W 74TH ST LOS ANGELES CA 90045-1711 R a-VLCVI DW V 0.VJq c- 7 CIT 9 ��9270 7 ,r; #. �v pALM City of Palm Springs Office of the City Clerk ��•01•1E01 \ 3200 Tahquirz Canyon Way • Palm Springs,California 92262 CqC f F0 RN P TEL:(760)323-8204 •Too:(760)864-9527 July 21, 2000 Mainiero, Smith and Associates Atten: Margo Williams 777 E. Tahquitz Canyon Way, Suite 301 Palm Springs, CA 92262 Dear Ms. Williams: RE: Appeal of Palm Springs Planning Commission Decision AA3.1875— Industrial building located at 1104 Gene Autry Trail: This will acknowledge receipt of your appeal on behalf of Mr. John Burke, for Planning Commission approval of said project and payment of the required fee of$275. Your appeal will be set for hearing before the City Council on September 6, 2000, at 7 p.m., in the Council Chamber, 3200 Tahquitz Canyon Way; notice of the hearing will be mailed at least ten days prior to the day of the hearing. If you wish to provide any written material to the City Council, to be included in its agenda packet prior to the meeting, please furnish 10 copies to me no later than August 31, 2000. PATRICIA A. SANDERS City Clerk cc: Planning Post Office Box 2743 • Palm Springs, California 92263-2743 CITY COUNCIL CITY OF PALM SPRINGS NOTICE OF PUBLIC HEARING Appeal of Case No. 3.1875 (Major Architectural Approval) White Brothers Investment Company Northeast corner of Gene Autry Trail and Tachevah Drive NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of September 6, 2000. The City Council meeting begins at 7:00 p.m in the Council Chambers at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider an appeal by White Brothers Investment Company, of certain conditions of approval adopted by the Planning Commission on September 06, 2000 in conjunction with the Major Architectural Approval Application for the proposed development of a 39,902 square foot office/industrial building on approximately 3 acres of land located at the northeast corner of Gene Autry Trail and Tachevah Drive, M-1-P zone, Section 7. This project has been previously assessed for potential environmental impacts in conjunction with Tentative Map No. 13761, and is therefore not subject to further environmental review in accordance with the California Environmental Quality Act (CEQA). If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at or prior to the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Steve Hayes, Department of Planning & Building, 760/323- 8245. PATRICIA A. SANDERS City Clerk Publish: August 25, 2000 APN 677-250-020 APN 677-250-021 APN 677-250-022 GATTD LTD GATTD LTD MCCULLOUGH INV CO&CHEVROLET CO 68845 PEREZ RD STE 30 68845 PEREZ RD STE 30 230 BILTMORE CT CATHEDRAL CITY CA 92234-7254 CATHEDRAL CITY CA 92234-7254 ALAMO CA 94507-2303 APN 677-250-023 APN 677-250-024 APN 677-260-022 GATTD LTD BIRD MEDICAL TECHNOLOGIES INC CITY OF PALM SPRINGS 68845 PEREZ RD STE 30 1100 BIRD CENTER DR PO BOX 2743 CATHEDRAL CITY CA 92234-7254 PALM SPRINGS CA 92262-8000 PALM SPRINGS CA 92263-2743 APN 677-260-025 APN 677-260-026 APN 677-453-003 DT PALM SPRINGS INTER CONT INENTAL AEC LTD PARTNERSHIP RAYMOND J.PAIGE 1 TAMPA CITY CR#2100 2408 S QUEEN ST 1252 MONTALVO WY#K TAMPA FL 33602-5813 ARLINGTON VA 22202-1554 PALM SPRINGS CA 92262-5441 APN 677-453-004 APN 677-453-007 APN 677-453-008 HAIG &NORA G.ATAMIAN LAKE SAN MARCOS LTD PARTNE RSHIP DESERT AIR BUSINESS CENTER 1105 N GENE AUTRY TR 1918 W GRANT ST 636 ACANTO ST#102 PALM SPRINGS CA 92262-5450 PHOENIX AZ 85009-5933 LOS ANGELES CA 90049-2128 APN 677-461-013 Nll l -e Gros Dcv. JAY W.&ANTOINETTE REVELL 5711 W 74TH ST LOS ANGELES CA 90045-1711 I\ -✓LCVI O I r aaP� 7 C-4 9 ��UT0 IDMainiero, Smith and Associates, Inc. Planning/Civil E+'ngineef ing/Land Surveying 777 East Tahquitz Canyon Way, Suite 301 /Palm Springs, California 92262-6784 Telephone (760) 320-9811 /FAX (760) 323-7893 • e-mail info@rnainierosmith.com • www.mainierosmith.com C1 PAW/_ July 18, 2000r t. ' 0 '1i170 C, CI D Ms. Trisha Sanders, City Clerk City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, California 92262 Re: AA 3.1875 - Industrial building located at 1104 Gene Autry Trail, Palm Springs APN: 677-020-021 Dear Ms. Sanders: This letter is requesting an appeal hearing before the City Council of the Planning Commission action of July 5, 2000 on the above referenced application. The appeal deals with Number 5 and 35 of the Engineering Conditions of Approval as adopted by the Planning Commission. Enclosed please find the applicable fee of $250.00 (Check #3135). The mailing labels for the public hearing have been ordered and should arrive in a day or so. When we receive the labels we will submit them along with the appropriate mailing fee. Please send any notices and staff reports to the following individuals: Ms. Margo M. Williams, AICP Mr. John Burke Mainiero, Smith & Associates White Brothers Investment Company 777 East Tahquitz Canyon Way, Suite 301 69-730 Highway 111, Suite 208 Palm Springs, California 92262 manl;ho Mirage, California 92270 If you should have any questions, please feel free to call. Very truly yours, Margo M. Williams, AICP Planning Project Manager enclosure cc: David Barakian, City Engineer Doug Evans, Planning Director John Burke, White Brothers Investment Company L I 6 July 21, 2000 Mainiero, Smith and Associates Atten: Margo Williams 777 E. Tahquitz Canyon Way, Suite 301 Palm Springs, CA 92262 Dear Ms. Williams: RE: Appeal of Palm Springs Planning Commission Decision AA3.1875 — Industrial building located at 1104 Gene Autry Trail: This will acknowledge receipt of your appeal on behalf of Mr. John Burke, for Planning Commission approval of said project and payment of the required fee of$275. Your appeal will be set for hearing before the City Council on September 6, 2000, at 7 p.m., in the Council Chamber, 3200 Tahquitz Canyon Way; notice of the hearing will be mailed at least ten days prior to the day of the hearing. If you wish to provide any written material to the City Council, to be included in its agenda packet prior to the meeting, please furnish 10 copies to me no later than August 31, 2000. PATRICIA A. SANDERS City Clerk cc: Planning -ings APN 677-453-004 HAIL &NORA G.ATAMIAN 5 N GENE AUTRY TR PALM SPRINGS CA 92262-5450 cw HATG105 r „p�S 230 - . N TO 18 FORWARD TT1^E "'r'•R 4k fN YO SEN.i : F;AIG 5 PR2Nl"=NG 63Ab 4 V E GA9E NV r 89120fA R '.7'?R Springs APN 677-453-008i7 r- DESERT AIR BUSINESS CENTER _ 636 ACANTO ST#102 LOS ANGELES CA 90049-2128 _ ------ 7p0495026 IN 13 Df RETURN °'Pt:? SENDER NO FONAARE I-UR ARUSLE rrl JONI 4, ). PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside - --- - ---- -- -— - ----- -- ------------------------------------------- I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid; I am over the age of eighteen ------------------------------------_---------- years,and not a party to or interested in the No.5732 CITY COUNCIL above-entitled matter.I am the principal clerk of a CITY OF PALM SPRINGS printer of the,DESERT SUN PUBLISHDVG NOTICE OF PUBLIC HEARINGAppeal of case No. 3.1875 COMPANY a er o newspaper f general circulation, iMajor Architectural Approval) p p g White Brothers Investment Company printed and published in the city of Palm Springs, Northeast corner of Gene Autry Trail and Tachevah Drive County of Riverside,and which newspaper has been NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a adjudged a newspaper of general circulation by the public hearing at its meeting of September 6, Superior Court of the County of Riverside,State of 2000. The City Council meeting begins at 7'00P.m. in the Councn Chambers at City Hall, 3200 California under the date of March 24 1988.Case Tangortz Canyon Way, Palm Springs. The purpose of the hearing is to consider an ap- Nunber 191236;that the notice,of which the peal by White Brothers Investment Company, of certain conditions of approval adopted by the annexed is a printed copy(set in type not smaller Planning Commission on September 06, 2000 rn conjunction with the Maier Architectural A lica- than non pariel,has been published in each regular hon for the proposed development of a 3��902 square toot office/mdustnal hoittlmg on approxr- and entire issue of said newspaper and not in any merely 3 acres of land located at the northeast supplement thereof on the following dates,to wit: pi rna onGenecAu ry Tra'1 and Tachevah Drtva, August 21st _ -_ ✓- e- I r . ., All in the year 2000 `- I certify(or declare)under penalty of perjury that the --- foregoing is true and correct. 21st ---�- �,•�=—�-- Dated at Palm Springs,California this--------------day _ — _ �_u August --- _ dance ith the Calif mig nvironmentald Quality of---------------------------------------2000 This reject has been rev y p nts in a.%ih.ton eurtl Tentative subject to further environmental review in actor- Act 'y----- - ------ If an individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public heannq described in this notice or in written correspondence at or pri- or to the City Councl hearing. An opportunity will be given at said hearing for all mteresled persons to be heard.Questions regard- ing th is case may be directed to Steve Hayes, Department of Planning&Building 760/323-6y45. PATRIC IA A. SANDERS City Clerk PU�ust-21, 2000