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HomeMy WebLinkAbout20147 - RESOLUTIONS - 8/1/2001 RESOLUTION NO. 20147 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, ' CALIFORNIA. APPROVING CASE NO. 5.0883, A CONDITIONAL USE PERMIT TO ALLOW A PRIVATE SCHOOL ON A MAJOR THOROUGHFARE, A 4,460 SQUARE FOOT MONTESSORI SCHOOL, LOCATED ON A 0.53 ACRE PARCEL AT THE NORTHEAST CORNER OF VISTA CHINO AND VIA NEGOCIA (1800 VISTA CHINO), P ZONE, SECTION 1, AND MAKING FINDINGS IN SUPPORT THEREOF.. ------------- WHEREAS, Lakshman and Chrisianthie Wickremesingh("Applicant")have filed an application with the City pursuant to Section 94.02.00 of the Zoning Ordinance, Case 5.0883,for a Conditional Use Permit to allow a 4,460 square foot private school on a 0.53 acre parcel at the northeast corner of Vista Chino and Via Negocio (1800 Vista Chino), P Zone, Section 1; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for a conditional use permit was given in accordance with applicable law; and WHEREAS, on July 11, 2001, a public hearing on the application for a conditional use permit was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project, a conditional use permit (Case No. 5.0864), is categorically exempt from the provisions of the California Environmental Quality Act(CEQA)pursuantto Section 15301 (Existing Facilities); and WHEREAS, on July 11, 2001 the Planning Commission voted to recommend that the City Council approve the project as proposed; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Applicant's application for a conditional use permit was given in accordance with applicable law; and WHEREAS, on August 1, 2001, a public hearing on the application fora conditional use permit was held by the City Council in accordance with applicable law; and WHEREAS, the City Council 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; and WHEREAS, on July 11, 2001 the City Council voted to approve the project as proposed. a�� Res. No. 20147 Page 2 THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: ' Section 1: Pursuant to CEQA, the City Council finds as follows: This application is categorically exempt from environmental assessment per Section 15301 of the California Environmental Quality Act (CEQA) in that Section 15301states that existing facilities are exempt from CEQA. Section 2: Pursuant to Section 94.02.00 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, Section 94.02.00 allows, via approval of a Conditional Use Permit by the Planning Commission and City Council, private educational institutions on major thoroughfares. b. The proposed use is consistent with the General Plan. The subject property is designed P (Professional) on the City's General Plan Land Use Map. The objective of the P General Plan designation is to provide areas for law, insurance, financial, medical and similar office and institutional uses, and associated support facilities. The proposed use fits within the range of uses allowed within the Professional General Plan category. ' C. The use applied for is necessary or desirable forthe development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or future uses specifically permitted in the zone in which the proposed use is to be located. The proposed private school 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 or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The existing office facilities and surrounding site improvements, including parking facilities, are adequate to accommodate the proposed use, which includes 3,540 square feet of classroom space, 345 square feet of office space and storage, 350 square feet of restrooms and 225 square feet of reception area. 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 existing facility is bounded on two sides by roadways, one of which is a secondary thoroughfare(Vista Chino). The vehicular circulation system will not be negatively impacted by trips generated from this project. 42V&Z Res. No. 20147 Page 3 f. The conditions to be imposed upon the project are deemed necessary to protect the public health, safety and general welfare. ' The conditions to be imposed upon the project are necessary and will ensure the protection of the public health, safety and general welfare of the community. NOW, THEREFORE, BE IT RESOLVED that based upon the foregoing, the City Council hereby approves the granting of a conditional use permit for a private school on a major thoroughfare, Case No. 5,0883, to allow a 4,460 square foot private school at 180CI Vista Chino, subject to those conditions set forth in Exhibit A on file in the Department of Planning and Building. ADOPTED this 1st day of August , 2001. AYES: Members Hodges, Jones, Oden, Reller-Spurgin and Mayor Rleindienst NOES: None ABSENT: None ABSTAIN: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Cler< /� City Managers e REVIEW AND APPROVED AS TO FORM: 2 ~�_ a�fc � Res. No. 20147 Page 4 RESOLUTION NO, EXHIBIT A Case 5,0883, Conditional Use Permit Montessori School 1800 Vista Chino August 1, 2001 CONDITIONS OF APPROVAL 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 this conditional use permit, Case 5.0883. 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 further indemnification hereunder, 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.The applicant/ownershall notify the Director of Planning and Building in writing 30 days in advance of any changes in the operation of business. 3. Bicycle racks to accommodate two to four bicycles shall be provided on site. Applicant shall submit location and details for review and approval by the Director of Planning and Building. 4. The applicant shall augment existing landscape planting to achieve 30% shading of the parking lot and upgrade existing landscaping. Final landscape plans shall be submitted for review and approval by the Director of Planning and Building. 5 Final improvement plans including landscaping, irrigation, exterior lighting, and parking lot plans shall be submitted for approval by the Department of Planning and Building prior to issuance of a building permit. ' 6. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. a�lr4�f Res. No. 20147 Page 5 7 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 by the 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. 8. Conditional use permit 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. 9. 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. 10. Prior to issuance of a building permit, the applicant must provide a standard aviation easement and non-suit covenant in a form prescribed and approved by the City Attorney, with reference to present and future owners of the parcel. 11. Separate architectural approval and permits shall be required for all signs. 12. 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(s). 13. The street address numbering/lettering shall not exceed eight inches in height. 14. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 15 This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee,the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 114% for residential projects with first $100.000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and 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. 16. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. ayA S- Res. No. 20147 Page 6 17 No outside storage of any kind shall be permitted except as approved as a part of the ' proposed plan. 18. 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. 19. 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 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". POLICE DEPARTMENT: 20. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. WASTE DISPOSAL SERVICES: 21. 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: 22. Prior to any construction on-site, all appropriate permits must be secured. ENGINEERING DEPARTMENT: See attached memo dated July 9, 2001. Res. No. 20147 Page 7 July 9, 2001 D EC L � w Eng. File No. E-2857 D JUL 11 2001 Date: July 9, 2001 PLANNING DIVISION To: Development Committee Chairman From: City Engineer APPLICATION FOR ARCHITECTURAL APPROVAL OF A MONTESSORI SCHOOL LOCATED AT 1800 VISTA CHINO ROAD EAST, (APN 501-312-006, 025), SECTION 1, T 4 S, R 4 E, S.B.B.M., CASE NO. 5.0883,ENG. FILE NO. E-2857 The Engineering Department recommends that if this application its approved, such approval is subject to the following conditions being completed in compliance with 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. The Engineering Department recommends deferral of off^site improvement ITEMS 5 thru 8 at this time due to lack of full improvements in the immediate area. The developer shall enter into a covenant agreeing to construct all mentioned improvements along the entire frontage upon the request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be submitted with the Grading Plan.The Grading Permit will not be issued until completion of the covenant. 2. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. 3. Developer shall comply with Caltrans comments and 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 ofPalm Springs Resolution 17950-Restricting Street Work on Major and Secondary Thoroughfares VISTA CHINO ROAD EAST 4. Dedicate an additional right-of-way of 10 feet to provide the ultimate half street 1 a y,�g Res. No. 20147 Page 8 July 9, 2001 Eng. File No. E-2857 ' width of 50 feet along the entire frontage,together with a property line-comer cut- back at the SOUTHWEST AND SOUTHEAST corners of the subject property in accordance with City of Palm Springs Standard Drawing No. 105. * 5. Construct an 8 inch curb and gutter, 38 feet NORTH of centerline along the entire frontage of the subject property per City of Palm Springs Standard Drawing No.200. * 6. Construct a minimum 8 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. * 7. Construct a curb ramp meeting current California State Accessibility standards at the SOUTHWEST AND SOUTHEAST corners of the subject property per City of Palm Springs Std. Dwg. Nos. 212 and 212A. * 8. Remove and replace existing pavement with a minimum pavement section of 5inch 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/existing gutter to centerline 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, by a licensed Soils Engineer and submitted to the City Engineer for approval. VIA NEGOCIO 9. All broken or off grade CURB,GUTTER,AC PAVEMENT AND SIDEWALK shall be repaired or replaced. ALLEY 10. All broken or off grade AC PAVEMENT shall be repaired or replaced. SANITARY SEWER 11. Connect all sanitary facilities to the City sewer system IF not already connected. Lateral shall not be connected at manhole. DRAINAGE 12. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure 2 a Y.9/o Res. No. 20147 Page 9 July 9, 2001 Eng. File No. E-2857 ON-SITE 13. The minimum pavement section for all on-site parking areas 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. 14. The on-site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00. GENERAL 15. The owner shall enter into a covenant agreeing to underground all existing overhead facilities on/or adjacent to this property that 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. 16. Nothing shall be constructed or planted in the comer 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. 17. 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. MA]P 18. The developer shall demonstrate that the parcel, as shown, was formed in compliance with local and State laws in effect at the time of formation. If the parcel was not so formed, the developer shall submit to the Engineering Department a (Parcel Map) (Certificate of Compliance, lot created prior to 3/4/72) prepared by either a Registered Civil Engineer or a Licensed Land Surveyor. This condition shall be complied with before any grading or building perrnits will b&issued. TRAFFIC 3 Res. No. 20147 Page 10 July 9, 2001 Eng, File No, E-2857 19. 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 VISTA CHINO ROAD EAST, VIA NEGOCIO, CARRIAGE LANE and ALLEY frontages of the subject property. 20. 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 FORCONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1996, or subsequent additions in force at the time of construction. 21. This property is subject to the Transportation Uniform Mitigation Fee based on the MISCELLANEOUS RETAIL SERVICES ITE Code F land use. If the Coachella Valley Association of Governments (CVAG) waives the TUMF, a copy of said .approved conditional waiver shall be provided to the City Engineer. 4 .2 y�/� Res. No. 20147 Page 11 June 28, 2001 Eng. File No. E-2857 Submitted: Engineering Associate Approved: Date: David J. Barakian, City Engineer * Off-Site Improvements Approved For Deferral By Covenant DJB:IvIVH:mvh 5