HomeMy WebLinkAbout9/20/2000 - STAFF REPORTS (18) DATE: September 20, 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.
BACKGROUND:
On September 6, 2000, the City Council held a public hearing to consider the above-
referenced project appeal regarding Engineering Division Conditions Nos. 5 and 35 adopted
by the Planning Commission on July 5, 2000. At the September 6th public hearing, the City
Council directed staff to prepare a Resolution modifying the approval of the Planning
Commission, thereby deferring Engineering Division Conditions Nos. 5 and 35 to a
covenant, for consideration at the next City Council meeting.
Attached is a copy of a Resolution modifying the approval of the Planning Commission for
City Council Consideration.
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Dir ct r lanning and Building
City Manager
ATTACHMENTS:
1. Resolution for Case No. 3.1875
� � A
RESOLUTION NO.
EXHIBIT A
CASE NO. 3.1875
WHITE BROTHERS INVESTMENT COMPANY
39,902 SQUARE FOOT OFFICE / INDUSTRIAL BUILDING
NORTHEAST CORNER OF TACHEVAH DRIVE AND GENE AUTRY TRAIL
City Council Conditions of Approval
September 20, 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.
/7r1 X
Resolution No.
Exhibit A
September 20, 2000
Page 2
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 - 3' 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.
/7� 3
Resolution No.
Exhibit A
September 20, 2000
Page 3
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.
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 necessaryto 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"Ll"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".
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Resolution No.
Exhibit A
September 20, 2000
Page 4
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.
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.
Resolution No.
Exhibit A
September 20, 2000
Page 5
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 WaterAgency 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.
/?*44
Resolution No.
Exhibit A
September 20, 2000
Page 6
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
be installed in accordance with Desert Water Agency specifications.
56. Fire Extinguishers-portablefire 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.
1O
Resolution No.
Exhibit A
September 20, 2000
Page 7
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.
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
furniture/shelter requirements. Developer shall construct shelter inclusive
of furniture and lighting.
/ log
Resolution No.
Exhibit A
September 20, 2000
Page 8
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
subgrade of 24 inches at 95% relative compaction, OR equal, from edge
of proposed gutter to 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 accordance with City of Palm Springs Standard Drawing No. 210,
per City Standards to the satisfaction of the City Engineer.
0A 9
Resolution No.
Exhibit A
September 20, 2000
Page 9
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.
20. Drainage swales shall be provided adjacent to all curbs and sidewalks -3'
wide and 6"deep-to keep nuisance waterfrom 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.
17r4 /0
Resolution No.
Exhibit A
September 20, 2000
Page 10
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.
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.
11#4
Resolution No.
Exhibit A
September 20, 2000
Page 11
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 subjectto the Transportation Uniform Mitigation Fee based
on the INDUSTRIAL MINI-WAREHOUSING ITE Code A land use.
Off-Site Improvements Approved For Deferral By Covenant.
J , h,z
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, MODIFYING THE DECISION
OF THE PLANNING COMMISSION REGARDING CASE
NO. 3.1875 (MAJOR ARCHITECTURAL APPROVAL), AN
APPLICATION BY WHITE BROTHERS INVESTMENT
COMPANY FOR THE DEVELOPMENT OF A 39,902
SQUARE FOOT OFFICE//MANUFACTURING 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
WHEREAS, White Brothers Investment Company(the"Applicant')has filed an application
with the City pursuant to Section 9404.00 of the Zoning Ordinance, Major Architectural
Approval Case No. 3.1875 for the development of a 39,902 square foot
office/manufacturing 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; and
WHEREAS, on July 5, 2000, the Planning Commission considered Case No. 3.1875 as
described above in accordance with applicable law; and
WHEREAS, on July 5, 2000, the Planning Commission voted 4-1 (2 abstentions) to
approve Case No. 3.1875 as described above subject to conditions on file in the
Department of Planning and Building; and
WHEREAS, on July 20, 2000, the applicant filed a timely appeal with the City Clerk
regarding Case No. 3.1875; and
WHEREAS, the applicant appealed the July 5, 2000 Planning Commission decision to the
City Council for further consideration of Engineering Division Conditions No. 5 and 35,
which would modify existing street improvements near the intersection of Gene Autry Trail
and Tachevah Drive; and
WHEREAS, as adopted by the Planning Commission, Engineering Division Condition No.
5, which states "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", would
require the reconstruction of the curb and gutter and the relocation of the traffic signal mast
arm and related appurtenances prior to completion and occupancy of the new building; and
WHEREAS, as adopted by the Planning Commission, Engineering Division Condition No.
35, which states '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", would also require
the reconstruction of the curb and gutter and the relocation of the traffic signal mast arm
and related appurtenances prior to completion and occupancy of the new building; and
WHEREAS, existing street improvements along the property frontage in question were
installed approximately 10 years ago in conjunction with the maturation of Assessment
District No. 155 and are in generally good condition; and
Resolution No.
Case No. 3.1875
September 20, 2000
Page 2
WHEREAS, approximately 9 years ago, the California State Vehicle Code increased the
permissible length of semi-tractor trailer trucks,thereby requiring a largerturning radius so
trucks would not use more than one traffic lane to negotiate a turn, per the parameters
contained in Caltrans Highway Design Manual Section 405.8; and
WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to
consider Applicant's appeal for Case No. 3.1875 was given in accordance with applicable
law; and
WHEREAS, on September 6, 2000, a public hearing on the appeal of Case No. 3.1875 as
described above was held by the City Council in accordance with applicable law; and
WHEREAS, on September 6, 2000, the City Council of the City of Palm Springs voted 4-1
to direct staff to prepare a Resolution modifying the decision of the Planning Commission
regarding Engineering Division Conditions of Approval Nos. 5 and 35, specifically deferring
these conditions of approval to a covenant, for consideration of the City Council at their
September 20, 2000 meeting; and
WHEREAS,on September 20,2000,this Resolution modifying the decision of the Planning
Commission regarding Case No. 3,1875 Engineering Division Conditions Nos. 5 and 35
was considered by the City Council in accordance with applicable law; and
WHEREAS, the proposed project , Case No. 3.1875, 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"); and ,
WHEREAS, the City Council has carefully reviewed and considered all of the evidence
presented in connection with the hearing on the Project, including but not limited to the staff
report and all written and oral testimony presented.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council
hereby approves Case No. 3.1875 as modified from the conditions adopted by the
Planning Commission, with Engineering Division Conditions Nos. 5 and 35 deferred to a
covenant, subject to those conditions set forth in the in Exhibit A, which are to be satisfied
prior to the issuance of a Certificate of Occupancy unless other specified.
ADOPTED this day of 2000.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk City Manager
REVIEWED AND APPROVED AS TO FORM: C