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
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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, ✓ (� /���
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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
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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.
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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
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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
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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
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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
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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