HomeMy WebLinkAbout19992 - RESOLUTIONS - 2/14/2001 RESOLUTION NO. 19992
' OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,CALIFORNIA,
DENYING THE APPEAL AND UPHOLDING THE PLANNING
COMMISSION'S APPROVAL OF CASE NO.5.0843,AN APPLICATION BY
FRIEND DEVELOPMENT PALM SPRINGS LLC FORA CONDITIONAL USE
PERMITAND ARCHITECTURAL APPROVAL FOR DEVELOPMENT OF A
104-UNIT APARTMENT PROJECT ON A VACANT 4.97 NET ACRE
PARCEL LOCATED AT THE SOUTHEAST CORNER OF EAST PALM
CANYON DRIVE AND ARABY DRIVE, R-3 ZONE, SECTION 25,
WHEREAS, Friend Development Palm Springs LLC(the"Applicant")has filed an application
with the City pursuant to Sections 94.25.00 and 94.04.00 of the Zoning Ordinance for the
development of a two-story, 104-unit apartment project on a 4.97 net acre parcel located at
the southeast corner of East Palm Canyon Drive and Araby Drive, R-3 Zone, Section 25;
and
WHEREAS, a notice of a public hearing of the Planning Commission of the City of Palm
Springs to consider Applicant's application for Case No. 5.0843 was given in accordance
with applicable law; and
WHEREAS,on November 22,2000 and continued to December 13,2000,a public hearing
on the application for Case No.5.0843 was held bythe Planning Commission in accordance
with applicable law, and
WHEREAS, at the conclusion of its public hearing on December 13, 2000, the Planning
Commission recommended approval of the project5-0(2 absent),subjecttothe conditions
contained in Resolution No. 4725; and
WHEREAS,an appeal of the Planning Commission's approval of Case No.5.0843wasfiled
in a timely mannerwith the City Clerk's office by Scott Kennedyon behalf ofJoe V.Kennedy
and Arnold Becker(the "Appellant"); and
WHEREAS, a notice of a public hearing of the City Council of the City of Palm Springs to
consider the appeal to the Planning Commission's approval of Case No.5.0843 was given
in accordance with applicable law; and
WHEREAS, on January 17, 2001, a public hearing on the appeal to the decision of the
Planning Commission's approval of Case No. 5.0843 was held by the City Council in
accordance with applicable law; and
WHEREAS,atthe conclusion of its public hearing on January 17,2001,the City Council of
the City of Palm Springs directed staff to prepare a Resolution of Denial for consideration .
of the City Council at their meeting of February 7, 2001; and
WHEREAS, on February 7, 2001, the City Council continued this matter to its meeting of
February 14, 2001; and
WHEREAS, on February 14, 2001, the Resolution of Denial was considered by the City
Council in accordance with applicable law; and
Case 5.0843 - Resolution 19992
February 14, 2001
Page 2 of 5 '
WHEREAS,on February 14,2001,the City Council considered revised plans submitted by
the applicant to address the concerns raised at the public hearing on January 17, 2001;
WHEREAS,the proposed Conditional Use Permit(Case No.5.0843)is categorically exempt
from the provisions of the California Environmental Quality Act(CEQA)pursuantto Section
15332 (In-fill Development Projects); and
WHEREAS, the Planning Commission has previously reviewed and considered all of the
evidence presented in connection with the hearing on the project and 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, and the revised site plan and building elevation for Building 2.
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA, the City Council finds as follows:
This Conditional Use Permit is categorically exempt from environmental assessment
pursuant to Section 15332 of the California Environmental Quality Act(CEQA)in that
Section 15332 states that in-fill development projects are exempt from CEQA.
Section 2: Pursuant to Section 92.25.00, 94.02.00 AND 94.04.00 of the Zoning
Ordinance, the City Council finds that: '
a. The use applied for at the location set forth in the application is properly one for
which a Conditional Use Permit is authorized by the City's Zoning Ordinance.
Pursuant to the Zoning Ordinance,multi-family dwellings are permitted in the Resort
Overlay Zone only by Conditional Use Permit, such permit subject to Planning
Commission findings that the proposed use is compatible with its surroundings and
that the site in question is not appropriate for other uses allowed by right within the
underlying zone. The purpose of the Resort Overlay Zone is to ensure adequate
opportunities for tourism. The subject property is irregular in shape and is not likely
to be developed as a hotel or other similar use in the future.
b. The proposed project is consistent with the General Plan.
The subject property is designated as H-43/21 (High Density Residential) on the
City's General Plan Land Use Map and R-3(Multiple-family Residential and Hotel
Zone) pursuant to the Zoning Map. The objective of the H-43/21 General Plan
Designation(providing for the development of a threshold of 15 and a maximum of
21 dwelling units per acre) is to allow for multi-family apartments and similar
permanent housing. The proposed development of 104 apartment units on a 4.97
net acre site (20.92 units per acre)fits within the range of uses allowed within the
High Density Residential General Plan category.
c. The use applied for is necessary or desirable for the development of the '
community,is in harmonywith the various elements or objectives of the General Plan,and
is not detrimental to existing uses or to future uses specifically permitted in the zone in
which the proposed use is to be located.
Case 5.0843 - Resolution 19992
February 14, 2001
' Page 3 of 5
The proposed development of 104 apartment units is in harmony with the various
elements and objectives of the City of Palm Springs General Plan and is not
detrimental to existing uses specifically permitted in the zone in which the proposed
use is to be located.
d. The site for the intended use is adequate in size and shape to accommodate said
use,including yards,setbacks,walls orfences,landscaping and otherfeatures required in
order to adjust said use to those existing or permitted future uses of land in the
neighborhood.
Pursuantto the revised site plan submitted to the City Council on February 14,2001,
the project's rearyard setbacks are accordancewith Section 92.04.03 of the Zoning
Ordinance, negating the need for an Administrative Minor Modification for a 20%
reduction in rear yard setbacks.
Pursuantto the revised site plan submitted to the City Council on February 14,2001,
the project meets the parking standards in accordance with Section 93.06.00,thus
negating the need foran Administrative Minor Modification fora 10%reduction in the
numberof required parking spaces,in thatthe 40 parking spaces provided along the
south side of the private access road are located within the applicant's private
property, and are, therefore, included in the total number of parking spaces forthe
proposed project.
With the incorporation of Administrative Minor Modifications for a reduced setback
(from 125 feet to 1 10 feet)from East Palm Canyon Drive, the site for the proposed
104-unit apartment project,on a 4.97 net acre parcel located at the southeast corner
of East Palm Canyon Drive and Araby Drive, is adequate in shape and size to
accommodate said use,including yards,setbacks,walls orfences,landscaping and
other features required in order to adjust said use to those existing or permitted
future uses of the land in the neighborhood.
e. The site for the proposed use related to streets and highways is properly
designed and improved to carry the type and quantity of traffic to be generated by the
proposed use.
The proposed development of 104 apartment units is bordered on three sides by
roadways,one of which is a private street,one of which is a collector street,and one
of which is a 30-foot wide access road alongside a major thoroughfare. A bus bay
turn-outand bus shelterwill be required along the East Palm Canyon Drivefrontage
in accordance with the design criteria of SunLine Transit Agency. The payment of
Transportation Uniform Mitigation Fund(TUMF)fees will be required upon issuance
of building permits. With all of the above items incorporated into the recommended
Conditions of Approval for the project(Exhibit A),the vehicular circulation system will
not be negatively impacted by trips generated from this project.
Case 5.0843 - Resolution 19992
February 14, 2001
Page 4 of 5 '
f. In accordance with Policy 7.1.5 of the General Plan, the appropriate street
standard on East Palm Canyon Drive atthis location is a 101-foot ultimate half-street right-
of-way.
This finding is made because existing development patterns make acquisition of
lands to comply with existing street standards infeasible and unnecessary. Policy
7.1.5 of the General Plan states that cross-section standards may be modified by
the Planning Commission to take into consideration the need forspecial right-of-way
widths where property cannot be feasibly acquired or the nature of the terrain
through which the street passes to prevent scarring of the landscape. The General
Plan shows a half-street right-of-way width on East Palm Canyon Drive of 101 feet
(total of202feet). The intent of the General Plan is to allowfor a frontage road. The
proposed site plan includes a 30-foot frontage over an easement. Thus, the
proposal meets the intent of the General Plan. A five-foot sidewalk and bikeway
easement will also be accommodated. The existing special conditions, size of the
site, topography and irregular shape render difficulties in constructing full street
improvements at the street grade.
g. The design or improvements of the proposed 104-unit apartment project are
consistent with the General Plan.
The subject site is zoned R-3 (Multiple-family Residential and Hotel Zone) and
designated H-43/21 (High Density Residential)pursuantto the City's General Plan
Land Use Map. The project will be compatible with the General Plan and existing
land uses to the south, north(across East Palm Canyon Drive)and east,as well as
future uses of vacant land to the west (across Araby Drive), which could be
developed with a variety of high density residential uses pursuant to the City's
General Plan and Zoning Ordinance. Furthermore,the project has been designed
to be sensitive to and not conflict with the existing commercial use to the east and
existing multiple family residences directly to the south of the site by incorporating
elements such as, but not limited to,a combination of heavy landscaping and block
walls along shared property lines.
h. The site is physically suitable for the type of development contemplated by the
proposed 104-unit apartment project.
The project has been redesigned to complywith all performance and development
standards of the R-3 Zone of the Zoning Ordinance, with the exception of the
Administrative Minor Modification fora reduced setback(from 125 feet to 110 feet)
from East Palm Canyon Drive. The site is relatively flat with native vegetation
scattered across the property and no overhead utilities, and will be accessed via
Araby Drive. Thus, the project should be compatible with the surrounding
neighborhood.
i. The conditions to be imposed and shown on the approved site plan are deemed '
necessary to protect the public health, safety and general welfare, including any minor
modifications of the zone's property development standards.
All proposed conditions of approval are necessaryto ensure public health and safety,
including, but not limited to, the requirements for public street improvements,
landscape and wall treatments along the project perimeter.
Case 5.0843 - Resolution 19992
February 14, 2001
' Page 5 of 5
NOW, THEREFORE, BE IT RESOLVED that based upon the foregoing, the City Council
hereby denies the appeal and upholds the Planning Commission's approval of Case No.
5.0843, subject to the revised plans considered by the City Council on February 14, 2001
and those conditions setforth in ExhibitA on file in the Department of Planning and Building,
which are to be satisfied prior to issuance of a Certificate of Occupancy unless otherwise
specified.
ADOPTED this 14+b day of FebrunU 2001.
AYES: Members Hodges, Jones, Oden, Reller-Spurgin and Mayor Kleindienst
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: CITY OF PALM SPRINGS
' City Clerk A City Mana
REVIEWED AND APPROVED AS TO FORM: 10 E -
RESOLUTION NO. 19992
EXHIBIT A '
Conditional Use Permit No. 5.0843
Friend Development Palm Springs, LLC
Southeast corner East Palm Canyon Drive and Araby Drive
February 14, 2001
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed belowshall be completed to the
satisfaction of the City Engineer,the Directorof 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.
PLANNING:
1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code,oranyotherCity
Codes,ordinances and resolutions which supplementthe 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 5.08/16. 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 orwiill advancefunds to payfor
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 notcause a waiverof the indemnification rights
herein.
3. Commencement of use or construction under this Conditional Use Permit and
Architectural Approval shall be within two (2) years from the effective date of
approval. Extensions of time may be granted by the Planning Commission upon
demonstration of good cause. 1 '
4. Construction documents shall be subject to review and approval by the Planning
Commission prior to issuance of building permits.
Case 5.0843 - Conditions of Approval
February 14, 2001
Page 2 of 13
5. Pursuant to Fish and Game Code Section 711.4 a filing fee of $78.00 is required.
This project has a de minimus impact on fish and wildlife, and a Certificate of Fee
Exemption shall be completed bythe City and two copies filed with the County Clerk.
This application shall not be final until such fee is paid and the Certificate of Fee
Exemption is filed. Fee shall in the form of a money order or cashier's check
payable to Riverside County.
6. The appeal period for this application is 15 calendar days from the date of project
approval. Permits will not be issued until the appeal period has concluded.
7. A revised preliminary landscape plan shall besubmitted tothe Planning Commission
within 30 days of Planning Commission approval of the requested Conditional Use
Permit and Architectural Approval.
8. Final landscaping, irrigation,exterior lighting, and fencing plans shall be submitted
for approval by the Department of Planning and Building prior to issuance of a
building permit. Park South Homeowners Association shall review the final
landscape plan prior to Department of Planning and Building approval for issuance
of a building permit. Landscape plans shall be approved by the Riverside County
Agricultural Commissioner's Office prior to submittal.
9. The project is subject to the City of Palm Springs Water Efficient Landscape
Ordinance.The applicantshall submitan application for Final Landscape Document
Packagetothe Directorof Planning and Building for reviewand approval priorto the
issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for
specific requirements.
10. Priorto issuance ofa grading permit,a Fugitive Dustand Erosion Control Plan shall
be submitted and approved by the Building Official. Refer to Chapter 8.50 of the
Municipal Code for specific requirements.
11. The grading plan shall show the disposition of all cut and fill materials. Limitsofsite
disturbance shall be shown and all disturbed areas shall be fully restored or
landscaped.
12. 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 the public streets, roadways or gutters.
13. 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.
14. Separate architectural approval and permits shall be required for all signs. Adetailed
sign program shall be submitted for review and approval by the Planning
Commission prior to issuance of building permits.
15. Pursuantto an agreement between the applicant and the Park South Homeowners
Association,the applicantshall provide,atthe applicant's expense,a newmonument
sign identifying the Park South condominium development. Said sign shall be
Case 5.0843 - Conditions of Approval
February 14, 2001
Page 3 of 13
subject to review and approval by the Department of Planning and Building.
16. All roof mounted mechanical equipmentshall be screened from all possible vantage
points both existing and future per Section 93.03.00 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(s). 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.
17. No exterior down spouts shall be permitted on any facade on the proposed
building(s) which are visible from adjacent streets or residential and commercial
areas.
18. Perimeterwalls shall be designed, installed and maintained in compliance with the
corner cutback requirements as required in Section 93.02.00.D.
19. The design, height, texture and color of building(s), fences and walls shall be
submitted for review and approval by the Director of Planning and Building prior to
issuance of building permits.
20. The street address numbering/lettering shall not exceed eight inches in height. '
21. Construction of any residential unitshall meetminimum soundproofing requirements
prescribed pursuantto Section 1092 and related sections of li itle 25 of the California
Administrative Code. Compliance shall be demonstrated to the satisfaction of the
Building Official.
22. An exterior lighting plan in accordance with the Zoning Ordinance: Section 93.21.00,
Outdoor Lighting Standards, shall be submitted for review and approval by the
Director of Planning & 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 issuance of a building permit. If lights are proposed to be mounted on
buildings, down-lights shall be utilized.
23. Ifproposed,parking lot light fixtures shall align with stall striping and shall be located
two to three feet from curb face.
24. Parking lot lighting shall be primarilyfrom carport structures mounted above parking
spaces and shielded from direct view, as to minimize impacts on adjacent
properties, to the satisfaction of the Director of Planning and Building.
25. Submit plans meeting City standard for approval on the; proposed trash and
recyclable materials enclosure prior to issuance of a building permit.
Case 5.0843 - Conditions of Approval
February 14, 2001
' Page 4 of 13
26. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
regarding publicart.The projectshall either provide public art or payment of an in lieu
fee. In the case of the in-lieu fee,the fee shall be based upon the total building permit
valuation as calculated pursuant to the valuation table in the Uniform Building Code,
the fee being 1/2%for commercial projects or 1/4%for residential projects with first
$100,000 of total building permit valuation for individual single-family units exempt.
Should the public art be located on the project site, said location shall be reviewed
and approved by the Director of Planning and 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.
27. Details of pool fencing(material and color)and equipment area shall be submitted
with final landscape plan.
28. No sirens, outside paging or any type of signalization will be permitted, except
approved alarm systems.
29. No outside storage of any kind shall be permitted except as approved as a part of the
proposed plan.
30. 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.
31. An Administrative Minor Modification shall be granted for reduced setbacks from East
Palm Canyon prior to issuance of a building permit.
32. Shading requirements for parking lot areas as set forth in Section 93.06.00 of the
Zoning Ordinance shall be met. Details to be provided with final landscape plan.
33. 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.
34. 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.
35. Tree wells shall be provided within the parking lot and shall have a planting'area of
six feet in diameter/width.
36. 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 feetwide plus a 5 footwalkway 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".
Case 5.0843 - Conditions of Approval
February 14, 2001
Page 5 of 13 '
37. Handicapped 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 dueto the future grading
plans for the property.
38. Compact and handicapped spaces shall be appropriately marked per Section
9306.000 10.
39. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences,
buildings,or other structures. Areas thatare not partof the maneuvering area shall
have curbs placed at a minimum of two (2) feet from the face of walls, fences or
buildings adjoining driveways.
40. All parking areas shall be adequately screened pursuant to Section 93.06.00 of the
Zoning Ordinance, including the use of decorative screen walls in the streetscape
areas between on-site parking areas and the public streets. As such,four foot high
walls and/or berms are required. Should berming be used adjacent to retention
basins for on-site drainage,the berming shall fit aesthetically and shall not include
extreme slopes for either the berms or the retention basins. If walls are utilized,the
design, height, texture and color of the walls shall be submitted for review and
approval by the Director of Planning and Building prior to issuance of building ,
permits.
41. The final design of the vehicular access points, which include access gates, turn-
around areas, on-site circulation,etc.shall be submitted forreviewand approval by
the Directorof Planning and Building and Fire Marshal priorto issuance of building
permits.
42. The Citywill vacate to the applicant a six-feet(plus or minus)strip of land along the
public right-of-way immediately north of the 30-foot access road in order to
accommodate both the 30-foot wide access road and a five-foot sidewalk on the
south side of the access road. Once the strip of land is vacated by the City, the
applicant will include on the map the precise location of the 30-foot access road.
43. The applicantshall grantthe City an easementfor a bikeway on the 30-footaccess
road.
44. A heavy landscape hedge shall be provided and maintained in a five-footwide area
on theoutside of the six-foot high perimeterwall along the private street immediately
south of the project, to the satisfaction of the Director of Planning and Building.
45. The applicant shall provide, at the applicant's expense, a decorative, electronic
swing arm access gate at the west end of the existing private street located south
of the project for the Park South Condominium project. Said access gate shall
accommodate disabled access and shall include a turn-around Brea to '
accommodate stacking for at least two automobiles. Said gate shall be subject to
architectural review pursuant to Section 94.04.00 of the Zoning Ordinance. Power
source for operation of said gate shall come from Park South Homeowners
Association.
Case 5.0843 - Conditions of Approval
February 14, 2001
' Page 7 of 13
POLICE DEPARTMENT:
1. Developer shall comply with Section Hof Chapter 8.04 of the Palm Springs Municipal
Code,
FIRE DEPARTMENT:
1. Construction shall be in accordance with the1998 California Fire Code, 1998
California Building Code, City of Palm Springs Ordinance 1570, Desert Water
Agency requirements, NFPA 13, 14,24,70, 72 and 760 plus UL/CSFM listings and
approvals.
2. Approved numbers or addresses shall be plainly visible and legible from the street
or road fronting the property per 1998 California Building Code, Chapter5, Section
502.
3. Fire Department Access Roads shall be provided and maintained in accordance
with the 1998 California Fire Code, Article 9, Section 902 and local ordinances.
BUILDING DEPARTMENT:
' 1. Prior to any construction on-site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT:
The Engineering Department recommends that if this application is approved,such approval
is subject to the following conditions being completed in compliancewith City standards and
ordinances:
Before final acceptance of the project,all conditions listed below shall be completed to the
satisfaction of the City Engineer.
STREETS
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. 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.
Case 5.0843 - Conditions of Approval
February 14, 2001
Page 8 of 13 ,
EAST PALM CANYON DRIVE
3. Dedicate additional right-of-way as required to incorporate the bus turn out
and adjacent 8 foot wide sidewalk.
3A. Developershall apply for the vacation of thesouth 7feetof the Palm Canyon
Drive East right-of-way from at point 83 feet+ east of the northeast corner
of the tract to the southeast property line. Developer shall be responsible for
final resolution of all utilities, demolition of all existing improvements,
reconstruction of affected intersecting streets and coordination of
improvements with adjacent property owners, if applicable, for the street
vacation. All agreements and improvement plans relative to the above
mentioned items shall be approved by the City Engineer priro to the submittal
of the street improvement plans.
4. Construct an 8 inch curb and gutter, 38 feet SOUTH of the existing
construction centerline along the entire frontage,Wth a 35 foot radius curb
return at the intersection of Araby Drive per City of Palm Springs Standard
Drawing No. 200.
5. Construct a curb ramp meeting current California State Accessibility
standards atthe SOUTHEAST corner of the intersection with Araby Drive per '
City of Palm Springs Std. Dwg. Nos. 212 and 212A.
6. Construct a 160-foot long by 10-foot wide bus turn out on the EAST PALM
CANYON DRIVE frontage beginning at the ECR of the southeast corner of
the intersection of Araby Drive. The configuration shall be approved by the
City Engineer in conjunction with SunLine Transit.Contact SunLine Transit
for details regarding bus stop furniture/shelter requirements.Developer shall
construct shelter inclusive of furniture and lighting.
7. Remove and replace existing pavement with a minimum pavement section
of 5 inch asphalt concrete pavement over 4 inch aggregate base with a
minimum subgrade of 24 inches at 95%relative compaction,OR equal,from
edge of proposed gutter to clean sawcut edge of existing pavement along the
entire frontage in accordance with City of Palm Springs Standard Drawing
No. 110 and 340.The pavement section shall be designed,using"R"values,
bya licensed Soils Engineerand submitted tothe City Engineer for approval.
ARABY DRIVE
8. Construct a 6 inch curb and gutter, 20 feet EAST of centerline along the
entire frontage of the subject property, with a 35 foot radius curb return at
BOTH SIDES of the intersection with the ACCESS ROAD and at the
intersection with East Palm Canyon DriveperCityof Palm SpringsStandard
Drawing No. 200.
9. Construct the BOTH SIDES of an 8 foot cross gutter and spandrel at the
intersection of ARABY DRIVE and ACCESS ROAD with a flow line parallel
to the centerline of ARABY DRIVE in accordance with City of Palm Springs
Standard Drawing No. 200 and 206.
Case 5.0843 - Conditions of Approval
February 14, 2001
' Page 9 of 13
10. Construct a minimum 5 footwide sidewalk behind the curb along the entire
frontage in accordance with City of Palm Springs Standard Drawing No.
210.
11. Construct a curb ramp meeting current California State Accessibility
standards on BOTH SIDES of the intersection with the ACCESS ROAD per
City of Palm Springs Std. Dwg. Nos. 212 and 212A.
12. Remove and replace existing pavementwith a minimum pavement section
of 3 inch asphalt concrete pavement over 6 inch aggregate base with a
minimum subgrade of 24 inches at95%relative compaction,OR equal,from
edge of proposed gutterto centerlinealong the entirefrontage in accordance
with City of Palm Springs Standard Drawing No. 110 and 315.The pavement
section shall be designed,using"R"values,by a licensed Soils Engineer and
submitted to the City Engineer for approval.
PRIVATE ACCESS ROAD (Easement)
13. The ECR(end of curb return)on the north side of the Access Road shall be
a minimum of 40 Feet south of the BCR (beginning of curb return) on the
south side of East Palm Canyon Drive.
' 14. The centerline curve radius shall be a minimum fo 130 feet.
15. Construct a 6 inch curb and gutter, 15.00 feet FROM BOTH SIDES of
centerline along the entire frontage, with a 35 foot radius curb return at the
INTERSECTION WITH ARABY DRIVE per City of Palm Springs Standard
Drawing No. 200,
16. The two(2)west driveway approaches shall be constructed in accordance
with City of Palm Springs Standard Drawing No. 205 and have minimum
widths of 24 feet.
The east driveway approach shall be constructed in accordance with City of
Palm Springs Standard Drawing No. 204 and have minimum widths of 24
feet.
17. Construct a minimum 5 foot wide sidewalk behind the curb on the SOUTH
side of the access road in accordance with City of Palm Springs Standard
Drawing No. 210.
17A. A pedestrian access easement for the 5 foot wide sidewalk, the curb ramp
area and access to Palm Canyon Drive East(at the southeast corner of the
tract) shall be dedicated to the City on the parcel map.
18. Construct a curb ramp meeting current California State Accessibility
standards at the NORTHEAST corner of the subject property pey City of
Palm Springs Std. Dwg. Nos. 212 and 212A.
Construct a curb ramp meeting current California State Accessibility
standards at both sides and across the median island of the main driveway
per City of Palm Springs Std. Dwg. Nos. 212 and 212A.
Case 5.0843 - Conditions of Approval
February 14, 2001
Page 10 of 13 '
19. Remove and replace existing pavementwith a minimum pavementsection
of 2-1/2 inch asphalt concrete pavement over 6 inch aggregate base with a
minimum subgrade of 24 inches at 95%relative compaction,OR equal,from
edge of proposed gutterto edgeof proposed gutter along the entire frontage
in accordance with City of Palm Springs Standard Drawing No. 110. The
pavement section shall be designed, using "R" values, by a licensed Soils
Engineer and submitted to the City Engineer for approval.
20. The curb face on the north side of the street shall be painted red to designate
NO PARKING.
SANITARY SEWER
21. Connect all sanitary facilities to the City sewer system. Lateral shall not be
connected at manhole.
GRADING
22. 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.
23. 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 bythe City
Engineer prior to issuance of any grading or building permits.
Minimum submittal includes the following:
A. Copyof Planning Department comments regarding the grading plan.
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.
G. Copy of the General Construction Activity Storm Water Permitfrom
the State Water Resources Control Board (Phone No.916657-0687)
to the City Engineer prior to issuance of the grading permit.
24. 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.
Case 5.0843 - Conditions of Approval
February 14. 2001
' Page 11 of 13
25. In accordance with City of Palm Springs Municipal Code, Section 8.50.00,
the developer shall post with the City a cash bond of two thousand dollars
($2,000.00)per acre for mitigation measures of erosion/blowsand relating to
his property and development.
26. A soils report prepared by a licensed Soils Engineershall be required for and
incorporated as an integral part of the grading plan for the proposed site.A
copy of the soils report shall be submitted to the Building Department and to
the Engineering Department along with plans, calculations and other
information subject to approval by the City Engineer prior to the issuance of
the grading permit.
27. The hydrology study mitigation measures shall be incorporated into the
grading plan.
28. Contactthe Building Departmentto getPM1 0 requirements priorto request
for grading permit.
29. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving an engineered grading plan and the
export of native soil from the site will be required to present a clearance
' documentfrom a Department of Food and Agriculture representative in the
form of an approved "Notification of Intent To Move Soil From or Within
Quarantined Areas of Orange, Riverside,and Los Angeles Counties"(RIFA
Form CA-1)or a verbal release from that office prior to the issuance of the
City grading permit.The California Department of Food and Agriculture office
is located at 73-710 Fred Waring Drive, Palm Desert. (Phone: 760-776-
8208)
DRAINAGE
30. The developer shall accept all flows impinging upon his land and conduct
these flows to an approved drainage structure.On-site retention/detention or
othermeasures required bythe approved hydrologystudy shall be included
on the grading plan.
31. The project is subjecttoflood control and drainage implementation fees.The
acreage drainage fee at the present time is $7,271.00 per acre per
Resolution No. 15189. Fees shall be paid prior to issuance of a building
permit.
ON-SITE
32. The minimum pavementsection forall on-site streets/parkingareps shall be
' 2-1/2 inch asphalt concrete pavement over 4-inch aggregate 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.
Case 5.0843 - Conditions of Approval
February 14, 2001
Page 12 of 13 '
33. The on-site parking lotshall be constructed in accordancewith Cityof Palm
Springs Zoning Ordinance, Section 9306.00.
GENERAL
34. Any utility cuts in the existing off-site pavement made by this development
shall receivetrench replacement pavementto match existing pavementplus
one additional inch. See City of Palm Springs Standard Drawing No. 115.
Pavement shall be restored to a smooth rideable surface.
35. All proposed utilitylines on/oradjacentto this projectshall be undergrounded
prior to issuance of a Certificate of Occupancy.
36. All existing utilities shall be shown on the grading/street plans.The existing
and proposed service laterals shall be shown from the main line to the
property line.The approved original grading/street plans shall beas-builtand
returned to the City of Palm Springs Engineering Department prior to
issuance of the certificate of occupancy.
37. The owner shall enter into a covenant agreeing to underground all existing
overhead facilities on/or adjacent to this propertythat are less than 35 kV in
the future upon request of the City of Palm Springs City Engineer at such
time as deemed necessary. The covenant shall be consummated and
submitted to the Engineering Department prior to issuance of a grading
permit. An updated title report or a copy of the current tax bill shall be
provided to verify ownership.
38. The developer is advised to contact all utility purveyors for detailed
requirements for this project at the earliest possible date.
39. Nothing shall be constructed or planted in the corner cut-off area of any
driveway which does or will exceed the height required to maintain an
appropriate sight distance per City of Palm Springs Standard Drawing No.
203.
40, 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.
MAP
41. The existing lots or parcels shall be combined.The developer shall submit
a parcel map 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. .
42. The Title Report prepared for subdivision guaranteeforthe subject property,
the traverse closures for the existing parcel and all lots created therefrom,
and copies of record documents shall be submitted with the Parcel Map to
the Engineering Department.
Case 5.0843 - Conditions of Approval
February 14, 2001
' Page 13 of 13
43. The Parcel Map shall be prepared by a licensed Land Surveyor or qualified
Civil Engineer and submitted to the Engineering Department for review.
Submittal shall be made prior to issuance of grading or building permits.
TRAFFIC
44. The developer shall provide a minimum of 48 inches of sidewalk clearance
around all street furniture,fire hydrants and other above-ground facilities 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 PALM CANYON DRIVE EAST,
ARABY DRIVE and ACCESS ROAD frontages of the subject property.
45. The developer shall have restriping plans approved by the City Engineer and
shall restripe the Araby Drive approach to East Palm Canyon Drive prior to
issuance of a Certificate of Occupancy.
The striping on East Palm Canyon Drive shall be modified to transition traffic
going eastbound through the Araby Drive intersection.
46, The developer shall be responsible forthe relocation and modification of the
existing traffic signal poles,conduit,pull boxes and all appurtenances located
on the SOUTHEAST corner of PALM CANYON DRIVE EAST and ARABY
DRIVE in accordance with the requirements of the City of Palm Springs.
47. A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND"
shall be installed per City of Palm Springs Standard Drawing Nos.620-626
at the following locations:
Araby Drive @ Access Road
48, 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.
49. This property is subjectto the Transportation Uniform Mitigation Fee based
on the RESIDENTIAL MULTI-FAMILY ITE Code B land use.
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CASE NO. 5,O6g5 DESCRIPTION Condrtional Use permit for a 10-4 unit apartmert corrplex at
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