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HomeMy WebLinkAbout20833 - RESOLUTIONS - 2/18/2004 ' RESOLUTION NO. 20833 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING, SUBJECT TO THE CONDITIONS STATED, CASE 5.935-PD-59, AN APPLICATION BY DESERT CHAPEL FOR REVISIONS TO THE DESERT CHAPEL MASTER PLAN, PLANNED DEVELOPMENT DISTRICT 59, TO INCLUDE: 1) THE ADDITION OF CLASSROOMS, A NURSERY, AN ADMINISTRATIVE BUILDING AND A NEW SPECIAL EVENTS AREA; AND 2) REGULATIONS REGARDING THE TIME, PLACE AND MANNER OF SPECIAL EVENTS, INCLUDING NIGHT TIME FOOTBALL GAMES; LOCATED AT 630 SOUTH SUNRISE WAY. ZONE PD-59, SECTION 24. WHEREAS, Desert Chapel (the "applicant") has filed an application with the City pursuant to Section 94.03.00 of the Zoning Ordinance relative to master plan revisions as represented in case No. 5.935-PD-59, on a 10.16 acre parcel located at 630 South Sunrise Way, R-1-C Zone, Section 24; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for a Master Plan Revision as represented in Case No. 5.935- PD-59 was given in accordance with applicable law; and WHEREAS, on January 7, 1976, the City Council approved Planned Development District #59 providing for a church and school use in an R-1-C zone; and WHEREAS, the church and school have been in continuous operation and have received City Council approval for numerous additions; and WHEREAS, pursuant to Section 21064.5 of the California Environmental Quality Act ("CEQA"), on November 17, 1999 the City Council certified a Mitigated Negative Declaration for the subject project. At that meeting the City Council determined that with the environmental mitigation incorporated into the project, any environmental impacts resulting from the project would be reduced to a level of insignificance; and WHEREAS, on August 27, 2003, September 10, 2003 September 26, 2003, November 12, 2003, November 27, 2003 and December 10, 2003 a public hearing on the application for a master plan revision, Case No. 9.935-PD-59 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on December 10, 2003, the applicant withdrew their request for the re-dedication of the Sunny Dunes right of way; and WHEREAS, the Planning Commission 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 Resolution 20833 , Page 2 WHEREAS, on September 10, 2003, the Planning Commission voted to recommend that the City Council approve said project; and WHEREAS, on January 21, 2004 and February 18, 2004, a public hearing on the application for a master plan revision, Case No. 9.935-PD-59 was held by the City Council in accordance with applicable law; and WHEREAS, on February 10, 2004, a neighborhood meeting was held regarding this project; 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 presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds as follows: Pursuant to Section 21064.5 of the California Environmental Quality Act ("CEQA"), on November 17, 1999 the City Council certified a Mitigated Negative Declaration for the subject project. At that meeting the City Council determined that with the environmental ' mitigation incorporated into the project, any environmental impacts resulting from the project would be reduced to a level of insignificance. Section 2: Pursuant to Zoning Ordinance Section 94.03.00, the City Council finds that: a. The use applied for at the location set forth in the application is properly one for which a Planned Development District Master Plan Revision is authorized by the City Zoning Ordinance. Pursuant to the Zoning Ordinance, Planned Development District 59 was legally created per these standards and the proposed revisions are in compliance with those standards. The expansion of the church and school is an appropriate development for the site and for the community. b. The use applied for is necessary and desirable for the 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 to future uses specifically permitted in the zone in which the proposed use is to be located. The existing church and school use is provided for in the R-1-C zone with a Planned Development District in the City of Palm Springs Zoning Ordinance. The project design parameters and conditions provide for lands use compatibility in the zone. Access and maintenance easements have been provided. ' 1 Resolution 20833 Page 3 c. 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 the land in the neighborhood. The 10.16 acre site is adequate in shape and size to accommodate the school and church. The site is located adjacent to a golf course and wash. This location provides for a maximum distance from residences across Sunrise Way and from the Mesquite Country Club Condominiums. The temporary special events and football permit would be reviewed in July 2004, in order to provide a for timely review of the operations of Desert Chapel, as well as to allow for the measurement of baseline operations regarding this permit. The City Manager's office will be responsible for monitoring special events and football games. The City Manager shall also inform residents how to make timely complaints, shall provide for the effective observation of these events and shall have enforcement personnel available. Desert Chapel shall be responsible for compliance with all city codes and ordinances, and shall measure noise impacts at all times during such events. d. 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. An environmental assessment and traffic study have previously been prepared for this project. A Mitigated Negative Declaration was adopted by the City Council on November 17, 1999. Specific traffic mitigation have been applied to this project, including contributions to the signalization of Sunrise Way and Sunny Dunes Road and the intersection improvements at Ramon Road and Sunrise Way. A traffic signal has since been installed at the intersection of Sunrise Way and Sunny Dunes Road. e. 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. The conditions of approval address environmental concerns including traffic, planning standards, construction standards, thereby creating improvements that are beneficial and are necessary to ensure public health and safety. Resolution 20833 Page 4 ' NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves the Master Plan Revision, Case No. 5.935-PD-59, subject to those conditions set forth in Exhibit A, on file in the Department of Planning & Zoning office, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless other specified. ADOPTED this 18`h day of February, 2004. AYES: Member Pougnet and Mayor Oden NOES: Member Foat ABSENT: Members McCulloch and Mills ABSTAIN: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA - ✓✓�--� City erk City Manager— Reviewed and Approved as to Form: 1 Resolution 20833 Page S RESOLUTION NO. EXHIBIT A Desert Chapel-630 South Sunrise Way Master Plan Revision,PD59 November 17, 1999 CONDITIONS OF APPROVAL Before final acceptance ofthe project,all conditions listed below shall be completedto the satisfaction of the City Engineer,the Director ofPlanning,the Chiefof Police,the Fire Chiefortheirdesignee,depending on which department recommended the condition. Any agreements,easements or covenants required to be entered into shall be in a formapproved by the City Attorney. APPLICATION FORARCHITECTURAL APPROVAL OF DESERT CHAPEL MASTER PLAN LOCATED AT 630 AND 710 SUNRISE WAY SOUTH, (APN 502-560-004,006),SECTION 24, T 4 S,R 4 E,S.B.B.M.,CASE NO.PD-59,ENG.FILE NO.E-2527 1. Theproposeddevelopmentofthepremises shall conformto all applicableregulations ofthe Palm Springs Zoning Ordinance,Municipal Code,or any other City Coles,ordinances and resolutions which supplement the zoning district regulations. ' In. The owner shall defend,indemnify,and hold harmless the City of Pahn Springs,its agents, officers,and employees from any claim,action,or proceeding against the City ofPalm Springs or its agents,officers or employees to attach,set aside,void or annul,an approval of the City of Palm Springs,its legislativebody,advisory agencies,or administrative officers concerning Case No.5.0788,PD 59. 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 andpaythe City's associatedlegal costs orwill advance funds to pay for defense ofthe matterby the CityAttomey. ifthe City ofPahn Springs fails topromptly 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 holdharmless the City ofPahn 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 ofthe indemnification rights herein. 2. The mitigationmeasures ofthe environmental assessmentshall apply.The applicant shall submit a signed agreementthat the mitigationmeasures outlined as part ofthe negative declamtionor EIR will be included in the plans priorto Planning Commission consideration ofthe environmental assessment. 3. The appeal period for the Master Plan Revision,Case No.5.0788-PD 59 application is 15 ' calendar days from the date ofprojectapproval.Permits will notbe issueduntil the appeal period has concluded. Resolution 20833 Page 6 4. The final developmemplars;shallbe submitted hi accordance with Section 9403.00 ofthe Zoning Ordinance. Final devetopmentplans shall include siteplaus,building elevations,floorplars,roof plans,grading plans,landscape plans,irrigation plans,exterior lighting plans,sign program, mitigation monitoring program,site cross sections,bikeway plans,property development standards and other such documents as required by the Planning Commission.Final development plans shall be submitted within two(2)years of the City Council approval o f the preliminary planned development district. 5. Final landscaping,irrigation,exterior lighting,and fencing plans shall be submitted for approval by the Department ofPlanning and Building prior to issuance ofa building pemrit.Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 6. The proj ect is subj ect 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 andBuilding forreview and approvalprior to the issuance of a buildingpermit. Referto Chapter 8.60 of the Municipal Code for specific requirements. 7. Priorto issuance ofa grading permit,aFugitiveDustandErosionControlPlanshallbesubmitted and approved by the Building Official.Refer to Chapter 8.50 ofthe Municipal Code for specific requirements. S. 'the gradingplan shall show the disposition ofall cut and fill materials. Limits ofsitedisturbance shall be shown and all disturbed areas shall be fully restored or landscaped, 9. Drainage swales shall beprovided adjacent to all curbs and sidewalks-T wide and 6'deep.The ' irrigation system shall be field testedprior to final approval ofthe project. Section 14.24.020 of the Municipal Codeprobibits nuisance water from enteringthe public streets,roadways or gutters. 10, All proposed trees withinthe public right-of-way and within 10 feet ofthe public sidewalk and/or curb shallbave City approved deep rootbarriers installed per City ofPaIrn Springs Engineering specifications. It. Separate architectural approval and permits shall be required for all signs. A detailed sign programshallbe submittedforreview and approval bythePlanning Commission priorto issuance of building permits. 12, All materials on the flat portions of the roof shall be earthtone,colors. 13. All roofmountedmechailical 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 blendwiththe architectural design of the building(s). The exterior elevations androofplans ofthe buildings shall indicate any fixtures or equipmentto be located on the roof ofthe building,the equipment heights,and type ofscreening. Parapets shall be at least 6" above the equipment for the purpose of screening. 14. No exterior downspouts shall be permitted on any facade on the proposed building(s)which are visible from adjacent streets or residential and commercial areas, 15. Thodesign,height,texture and color ofbuilding(s),fences andwallsshallbesubmittedforreview , and approval prior to issuance of building permits. Resolution 20833 Page 7 16. The street address numbering/lettering shall not exceed eight inches in height. ' 17. An exterior lighting plan inaccordancewith the lighting ordinanceineffectatthetime shall be submitted forreview and approval bythe Director ofPlarming&Buildingpriorto the issuance of building pennits.Aphotometric study andmanufacturer's cut sheets of all exterior lightingon the building,inthe landscaping,andintheparking lot shall be submitted for approval priorto issuance of a building permit.If lights are proposed to be mounted on buildings,down-lights shall be utilized. All lighting shall be in accordance withthe City's non-glare standards.All unpetnutted night lighting shall be removed or permitted in compliance with the City's non-glare standards. a) No lighting shall be permitted on the large playing field located in the southeast portion of the property. 18. 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). 19. Parking lotlight fixtures shall allgn with stall striping and shall be located two to three feet from curb face. 20. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 21. Subinitplans meeting City standard for approval on the proposedtrash and recyclable materials enclosure prior to issuance of a building pemrit. ' 22. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 23. Priorto the issuance ofbuilding permits,locations ofall telephone and electrical b oxes must be indicated on the building plans and must be completely screened and located in the interior ofthe building. Electrical transformers must be locatedtowardthe interior ofthe project maintaining a su03cientdistancefromtlrefrontage(s)oftheproject. Said transformer(s)mustbe adequately and decoratively screened. 24. Islands ofnot less than 9 feet in width with aminimum of6 feet ofplamer shall be provided every 10 parking spaces. 25. 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. 26, Parking stalls shall be delineated with a4to6 inch double stripe-hairpin or elongated"U"design. Individual wheel stops shall be prohibited;a continuous 6"barrier curb shall provide wheel stops. 27. Concrete walks with a minimum width oftwo(2)feet sha 11 be installed adjacent to end parking spaces or end spaces shall be increased to eleven(11)feet wide, 28. Tree wells shall be provided within the p arking lot and shall have a planting area ofsix feet in diameter/width, ' 29. 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 ofthe parking space;two(2)handicap spaces can share a common Resolution 20833 Page 8 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". ' 30. Handicapped accessibility shall be indicated on the siteplanto includethe location ofhandicapped 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, 31. Compact and handicapped spaces shall be appropriately marked per Section 9306,OOC 10. 32. CurbsshaHbe kistallodataminiinuTnoffive(5)fectfromfaceofwalls,fences,buildings,or other structures. Areas that are notpart ofthe maneuvering area shallhave curbs placed at a minimum of two(2)feet from the face of walls,fences or buildings adjoining driveways. 33. The project shall comply with the City ofPalm Springs Transportation Demand Managemcnt (TDM)Ordinancewhich establishes transportation demand managementrequirements forthe City of Palm Springs. Refer to Chapter 8.4 of the Municipal Code for specific requirements. 34. Access and utility maintenance easements shall be providedrelafmveto the SunnyDunesRoad abandonment in a manner consistent with the demonstrated needs ofthe historical use by the Desert Water Agency,Mesquite Country Club GolfClub,Mesquite Country Club Homeowners Association and any affected utilities. These easements are subjectto the approval of the City of Palm Springs and shall be submitted to the City Attorney for examination as to form and content prior to the issuance of any building permits. a. Employee parking shall be provided by Desert Chapel for all legal users of the ' easement. b. The applicant shall record a maintenance and"hold harmless"agreement forthe users of the easement thereby shifting a maintenance and insurance burden to the benefit of the users. C. The applicant shall dedicate to the City an easement for pedestrian and bikepath purposes across that portion of Sunrise Way right-of-way vacated to the applicant. d. The applicant shall dedicate to the City an easement for pedestrian and bikepath purposes,and construct abikepath across the applicant's property irk a location,width and alignment approved by the City Engineer prior to vacation of pedestrian and bikep ath rights from Sunny Dunes Road. e. The applicant shall provide and enter into reciprocal access agreements across the applicant's property with the City and all affectedparties thatuse Sunny Dunes Road as legal access in a form approvedby the City Attomeyprior to vacation of Sunny Dunes right-of-way. 35. The design ofthe parking lot layouts,bikeways,and site driveways shall besubjecttothereview ofthe City Engineer and Director ofPlanning andBuilding during the Final Planned Development District and construction documentreview process to ensure compliance with City access and design standards. Resolution 20833 Page 9 ' a. Bikewayplans,including fencing,barriers and signing shall be submitted for review and approval of the Director of Planning and Building with proposed Phase I improvements installed prior to completion of Phase I. b. The bikeway alignment shall be subject to final approval by the Director of Planning and Building and the City Engineer. The applicant shall seek an easement from the Riverside County Flood Control District and any Indian land owners along the northern edge ofthe Tahquitz Wash to locate ameanderingbike path. Should Us beunsuccessful,the bike path will be located onthesouthern perimeter of the Desert Chapel site as indicated on preliminary plans. C. A new bike path ramp shall be installed over the curb where the Mesquite Country Club bikepath intercepts the bikepath on Desert Chapel property to the satisfaction of the Director of Planning and Building. d. A solid screen shall be installed between the school and the bikeway when the bikeway is relocated. C. The area adj acent to the bikeway,(either at the Tahquitz Wash or at the southern perimeter ofthe Desert Chapel site)shall be cleaned and landscaped subject to the approval of the Director of Planning and Building. 36. The projectproponent should coordinate with SunLine Transit agency regarding the need for transit facilities prior to plan submittal for Phase I. 37. An architectural embellishment plan shall be submitted for theproposed modularbuildings. The ' plan should include exterior finish materials,screening ofinecbanical equipment,and ascreen wall with landscaping in front of all modular classrooms.The plan shall be submitted for review and approval by the Director of Planning and Building with Phase I final development plans and implemented in conjunction with the addition of any additional modular units. The Planning Commission reserves the rightto require permanentbuildings for all classrooms ifit is determined that the existing and proposed modular classrooms cannot meet community design standards comparable to new structures. 38. The oleander screening along the northern property line shall be maintained to the satisfaction of the DirectorofPlanningandBuilding. The minimumheight at trimming shall be seven(7)feet. All dead plants shall bereplacedwithmaturehedge material with aminimumheightof seven(7)feet. 39. Evening outdoor activities at the subject site shall cease at 10:00 P.M.unless special time extensions are granted by the Director of Planning and Building and/or the Chief of Police. 40. No public address system shall be allowed other than for emergency service. 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: Resolution 20833 Page 10 43. Prior to any constriction on-site,all appropriate permits must be secured. FIRE: ' 44: Construction shall be in accordance with the 1994 Uniform Fire Code with 1995 California amendments,1994 UniformBuilding Code with 1995 California amendments,City of Palm Springs Ordinance 1523,NFPA 13,NFPA 72 and Desert Water Agency requirements. 45: Submit detailed plans forroview.Plans forboth phases to be submitted separately. Plansmust show type of construction and total square footage for each existing building with new construction square footage. 46. Fire Department Access Roads shall be provided and maintained in accordance with the 1994 Uniform Fire Code,Article 9,Sections 902.1. 47. Construction site fencing required per City of Palm Springs Ordinance 1523 combustible construction is 5,000 Sq.Ft.or more or ifthe Fire Marshal deems necessary.A construction site guard is required for combustible construction is over 10,000 Sq.Ft.or ifthe Fire Marshal deems necessary. 48, Fire apparatus access gate(s)are required and shall be a minimum of 14'in width. Gate(s)shall be equipped with a KNOX locking device or key box per Uniform Fire Code,Article 9,Sec. 902.4. Contact this office for KNOX application form. 49. Provide a garden hose or hoses on construction site equipped with an adjustable spray nozzle capable of reaching all combustible construction. , 50. An operational fire hydrant(s)capable ofproviding required GPM shall be installed within 250 feet of all new combustible construction. 51. ContactDesert WaterAgency to ascertain ifexistingwater system and fire hydrants as shownin Desert Water Agency Map Book Page#4-424-NW and fire hydrant#1256 can meet required fire flow. 52. Contact Desert Water Agency regardingproposedabandomnent ofthe existing watermain on Sunny Dunes Rd.,East of S. Sunrise,that supplies fire hydrants#1256 and#1907. 53. Portable fire extinguishers shall be.installed in accordance with 1994Uniform Fire Code.Provide one 2-A:10-B:C fire extinguisher for every 75'of floor or grade travel distance.a. 54. An Automatic fire extinguishing system equipped with 24 hourmonitoring required in accordance with 1994 Uniform Fire Code Article 10. See.1003,and 1994 Uniform Building Code,Chapter 3,4,5,9 and 10. 55. Fire Alarm System required. Installation and maintenance of a fire alarm system shall be in accordance with 1994 Uniform Fire Code,Article 10, Sec. 1007 and NFPA Pamphlet 72. 56. Further comments as conditions warrant. 57. Access roadways to boa minimum of20 feet ofunobstmctedwidth. This would also apply to , any"hammerhead design"used for tum-a-rounds. Resollution 20833 Page lll 58. All buildings to bewithin 150 feetofall access roadways and accessible on ayninimumoftbree sides. 59. Fire hydrants located at 300 foot intervals and within 250 feet of all new construction. 60. Buildings spaced within 15 feet of each other are considered one building for fire sprinkler purposes. Any building larger than 3000 square feet is required to be fire sprinklered. Adjusting the distance on the portable classrooms may be alternative to be considered in lieu of this requirement. 61. Previous comments still pertain to this site plan. ENGINEERING: The Engineering Division recommends that ifthis application is approved,such approval is subject to the following conditions being completed in compliance with City standards and ordinances: Before final acceptance ofthe project,all conditions listed below shallbe completed to the satisfaction of the City Engineer. PHASE ' STREETS 62. Any improvements within the street right-of-way require a City of Palm Springs EneroachmemPennit.Work shall be allowed according to Resolution 17950-Restricting Street Work on Major and Secondary Thoroughfares. 63. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division.Theplan(s)shall be approvedbythe City Engineerpriorto 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. Street Vacation plat and all agreements andimprovememplansapprovedbyCity Engineer,IF applicable. C. Proof of processing dedications of right-of-way, easements,encroachment agreements/licenses,covenants,reimbursement agreements,etc.required by these conditions. 64. Submit bikeway and driveway routes and plans to the City Engineer for review and approval prior to issuance of any grading or building permits. 65. Submit written proof ofcoordination with SunLine Transit Agency for on-site transit facilities prior to issuance of grading or building permits. Resolution 20833 Page 12 SUNRISE WAY SOUTH 66. Construct the FULL 8 foot cross gutter and spandrel at the intersection of SUNRISE ' WAY SOUTH and SUNNY DUNES ROAD EAST with a flow line parallel to the centerline of SUNRISE WAY SOUTH in accordance with City of Palm Springs Standard Drawing No.200 and 206. 67. Allbrokenoroffgrade CURB,GUTTER,SIDEWALK AND AC PAVEMENT shall be repaired or replaced. SUNNY DUNES ROAD EAST 68. Developer shall applyforthe vacation ofSUNNYDUNES ROAD EASTfrom50FEET EAST OF SUNRISE WAY SOUTH to THE EASTERN TERMINUS,inclusive o Fa property line - comer cut back at the SUNRISE WAY SOUTH AND SUNNY DUNES ROAD EAST INTERSECTION in accordance with City of Palm Springs Standard Drawing No. 105. Developer shall be responsible for final resolution of all utilities,demolition ofall existing improvements,reconstmctionof affected intersecting streets and coordination ofimprovements with adjacemproperty owners,ifapplicab'fe, for the street vacation.All agreements and improvement plans relative to the above mentioned items shallbe approvedbythe City Engineerpriorto the submittal ofthe street improvement plans. SANITARY SEWER 69. Connect all sanitary facilities to the City sewersystem.Lateral shall notbe connected at ' manhole. GRADING 70. A copy ofaTitle Reportprepared/updatedwithin the past 3 months and copies ofrecord documents shall be submitted to the CityEngineerwith the first submittal ofthe Grading Plan, 71. Submit out and fill quantities to City Engineer to determine if a Grading Plan is required. If required, the Grading Plan shall be prepared by a Registered Professional and submitted to the Engineering Divisionforplancheck.Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Division.Tlc Grading Plan shall be approved by the City Engineer prior to issuance ofany 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. Resolution 20833 Page 13 F. Copy of Hydrology Study/Report,IF required by these conditions. G. Copy ofthe General Construction Activity Storrit WaterPermit from the State Water Resources Control Board (Phone No. 916 657-0687) to the City Engineerpriorto issuance ofthe gradingpermit,IF required perprojecl acreage. 72, 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. 73, A soils report prepared by a licensed Soils Engineer shall be required for and incorporated as an integral part ofthe gradingplan for the proposed site.A copy ofthe soils report shall be submitted to the BuildingDepartment and to the EngineetingDivision along with plans,calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. DRAINAGE 74. The developershall accept all flows impinging uponhis land and conduetthese flows to an approved drainage structure.On-site retention/detention orothermeasures 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 ifthe developed Q exceeds the capacity ofthe approved drainage carriers. 75. The project is subj ect to flood control and drainage implementation fees.The acreage drainage fee at the present time is$9,212,00 per acre per Resolution No.15189.Fees shall be paid prior to issuance of a building permit. (Fee required for developed properties when addition ofbard surface area exceeds 50% of existing hard surface area) 76. The approved Development Plan shall be submitted to the Riverside County Flood Control and Water Conservation District for their approval and comment regarding the Baristo Wash Channel and the Tahquitz Creek Channel. ON-SITE 77. Bikeway construction details,striping,signage orotherimprovetnentssha0besubmitted to the City Engineer and to tho Director ofPlauning and Buildingforreview and approval. The bikeway path shall be a Class I as depicted in Caltrans Design Manual,Chapter 1000,Bikeway Planning and Design. The bikeway shall be constructed of cement matching the style and dimensions of the bike path on the Mesquite Country Club site. GENERAL 78. Anyutility cuts in the existing off-site pavement made bythis developmentshall receive trench replacemompavement to match existing pavementplus one additional inch.See City ofPahn Springs StandardDrawing No.115.Pavement shall be restored to a smooth rideable surface. 79. All proposed utility lines on/or adjacent to this project shall beundergroundedpriorto issuance of a Certificate of Occupancy. Resolution 20833 Page 14 80. All existingutilities shall be showatinthe grading/streetplans.The existing and proposed service laterals shall be shown from the main line to the property line.The approved ' original grading/streetplans shall be as-built and returned to the City of Palm Springs Engineering Division prior to issuance of the certificate of occupancy. 81. Nothing shall be constructed or planted inthecorner cut-off area ofany driveway which does orwill exceed the heightrequired to maintain an appropriate sight distance per City of Palm Springs Standard Drawing No.203. 82. All proposed trees withinthepublicright-ofwayandwithin10 feet ofthepublicsidewalk and/or curb shall have City approveddeep rootbarriers installed per City of Palm Springs Engineering specifications. MAP 83. Acopy ofaTitle Report prepared/updatedwiffiin the past 3 months and copies ofrecord documents shall be submittedto the City Eugineerwith the fast submittal of the Lot Line Adjustment. 84. 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 Division.This condition shall be complied with before issuance of grading or building permits. TRAFFIC 85. The developer shall provide a minimum of48 inches of sidewalk clearance around all street furniture,fire hydrants and other above-ground facilities forhandicap 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 existingtraf6c signal/safety light poles, conduit,pall boxes and all appurtenances located on the SUNRISE WAY SOUTH frontage of the subject property. 86. The developer shall design and pay their fair share cost of the signal in the amount o f $19,080.00 toward the construction of a traffic signal at SUNRISE WAY SOUTH and SUNNY DUNES ROAD EAST. 87. Separate striping plans are to be prepared and submitted along with traffic signal plans for review and approval by the City Engineer. 88, Construction signing,lighting and b arricading 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 ofTransportation,"MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES"dated 1996, or subsequent additions in force at the time of construction. 1 Resolution 20833 Page 75 89. This property is subject to the Transportation Uniform Mitigation Fee based on the MISCELLANEOUS RETAIL SERVICES/PRIVATE SCHOOLS ITE Code F land use.(Submit application to CVAG for Conditional Waiver of TUMF) If the developer pays the TUMF fee, then no "fair share" cost shall be paid for improvements at Sunrise Way and Ramon Road. PHASE II STREETS 90. . Any improvements within the street right-of-way require a City of Palm Springs Encroachment Pemut.Work shall be allowed according to Resolution 17950-Restricting Street Work on Major and Secondary Thoroughfares. 91. Submit bikeway and driveway routes and plans to the City Engineer for review and approval prior to issuance of any grading or building permits. SUNRISE WAY SOUTH 92. The driveway approach shall be constructed with centerline matching San Lucas Road centerline in accordance with City of Palm Springs Standard Drawing No.201 and have minimum width of 24 feet. 93. The existing driveway approach shall be removed and replaced with 6 inch curb and gutter per City of Palm Springs Standard Drawing No. 200 and a 10 foot wide meandering combination sidewalk and bicycle path ofcolored Portland Cement concrete. The admixture shall be Palm Springs Tan,Desert Sand,or approved equal color by the Engineering Division.The concrete shall receive a broom finish. 94. All broken or off grade CURB,GUTTER,SIDEWALK AND AC PAVEMENT shall be repaired or replaced. SANITARY SEWER 95. Connect all sanitary facilities to the City sewer system.Lateral shall notbe connected at manhole. GRADING 96. A copy of aTitle Reportprepared/updated within thepast3 months andcopies of record documents shallbe submitted to the City Engineerwiththe first submittal of the Grading Plan. 97. Submit out and fill quantifies to City Engineer to determine if a Grading Plan is required. If required, the Grading Plan shall be prepared by a Registered Professional and submittedto the Engineering Division forplan check.Grading plan shall be submitted to ' the PlanningDepartment for comments prior to submittal to the Engineering Division.The Grading Plan shall be approved by the City Engineerprior to issuance of any grading or building permits. Resolution 20833 Page 16 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. O. Copy ofthe General Construction Activity Storm Water Pemutfromthestate Water Resources Control Board (Phone No. 916 657-0687) to the City Engineer priarto issuance ofthe gradingpemtit,IF requiredperproject acreage. 98. Drainage swales shall be provided adjacent,to all curbs and sidewalks-3'wideand6" deep-to keep nuisance water from entering the public streets,roadways,or gutters. 99.. A soils report prepared by a licensed Soils,Engineer shall be required for and incorporated as an integral part ofthe grading plan for the proposed site.A copy ofthe soils report shall be submitted to the Building Department and to the Engineering Division along with plans,calculations and other information subj ect to approval by the City Engineer prior to the issuance of the grading permit. DRAINAGE 100. 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 ofthe site.Provide calculations to determine ifthe developed Q exceeds the capacity ofthe approved drainage carriers. 101. The project is subj ect to flood control and drainage implementation fees.The acreage drainage fee at the present time is$9,212.00 per acre per Resolution No. 15189.Fees shall be paid prior to issuance of a building permit. (Fee required for developed properties when addition ofhard surface area exceeds 50% of existing hard surface area) 102. The approved Development Plan shall be submitted to the Riverside County Flood Control and Water ConservationDistrict fortheir approval and comrnentregarding the Baristo Wash Channel and the Tahquitz Creek Channel. ON-SITE 103. The minimumpavementsectionforall on-site streets/parking areas shall bet-1/2inch asphalt concrete pavement over 4-inch aggregate base with aminimtun subgrade of 24 ' inches at 95%relative compaction,OR equal.The pavement section shall be designed, Resolution 20833 Page 17 ' using"R"values,determinedby a licensed Soils Engineer and submittedwith the Fine Grading Plan to the City Engineer for approval. 104. The on-site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance,Section 9306.00. 105. The on-site modified cul-de-sac shall be constructed in accordance with City ofPalm Springs Standard Drawing No.101,curb portion only.The design of the cul-de-sac shall accommodate emergency vehicles and trucks and be approved by the City Engineer. 106. Bikeway striping,signage or other improvements shall be submitted to the City Engineer for review and approval. GENERAL 107. Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional inch.See City of Palm Springs Standard Drawing No.115.Pavement shall be restored to a smooth rideable surface. 108, All proposed atility lines on/or adjacent to this project shall be undergrounded priorto issuance of a Certificate of Occupancy. 109. All existing utilities shall be shown on the grading/street plans.The existing andproposed service laterals shall be shown from the main line to the property line.The approved original grading/street plans shall be as-built and returned to the City ofPahn Springs Engineering Division prior to issuance of the certificate of occupancy. 110. Nothing shall be constructed or planted in the corner cut-off area ofany driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Standard Drawing No.203. 111. All proposed tees within the public right-of-way and within 10 feet ofthe public sidewalk and/or curb shall have City approved deep root barriers installed per City ofPalm Springs Engineering specifications. TRAFFIC 112. The developer shall provide a minimum of48 inches ofsidewalk clearance aroundall street f rmihne,fire hydrants and other above-ground facilities forhandicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening ofthe 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 SUNRISE WAX SOUTH frontage of the subject property. 113. Construction signing,lighting andbarricading shall beprovided 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 ofTransportation,"MANUAL OF TRAFFIC CONTROLS ' FOR CONSTRUCTION AND MAINTENANCE WORK ZONES"dated 1996, or subsequent additions in force at the time of construction. Resolution 20833 Page 18 114. This property is subject to the Transportation Uniform Mitigation Fee based on the ' MISCELLANEOUS RETAIL SERVICES/PRIVATE SCHOOLS ITE Code F land use.(Submit application to CVAG for conditional waiver of TUMF fee) Ifthe developerpays the TUMF fee,then no"fair share"shall be paid lbr improvements at Sunrise Way and Ramon Road. 1 ' Resolution 20833 Page 19 EXHIBIT B Desert Chapel - 630 South Sunrise Way Case No 5.935 - PD 59 Master Plan Revision February 18, 2004 REVISED CONDITIONS OF APPROVAL 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. Administrative 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 5.0935. 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. The applicant shall provide a Deposit in the amount of$500 to cover staff over time to monitor special events, football games. The funds will be held in a special Desert Chapel monitoring account. Resolution 20833 Page 20 ' Special Events 4. (A) The applicant may conduct a maximum of three special events per year, with temporary lighting and generators, which shall not extend past 9:00 pm. Amplified outdoor concerts are prohibited. The Christmas Sing- along may include amplified vocalists only and may run from 6:00 to 7:30 pm. Tear-down of special events shall not extend past 9:00 pm, or 10pm on Fridays and Saturdays. (B) Special events and associated activities shall be limited to one day in duration. 5. A lighting plan for special event lighting shall be reviewed and approved by the Director of Planning and Zoning, this plan shall be submitted within 60 days of approval of these conditions. 6. Loudspeakers and any other noise shall not reasonably interfere with the peace and quiet of any person outside the boundary of the site and shall comply with the City Noise Ordinance. 7. Desert Chapel shall provide written notice of any special events, by mail, two weeks prior to the event, to Mesquite Country Club property owners ' in the Phase Adjacent to Desert Chapel, the Mesquite Country Club HOA, Deepwell Association and Tahquitz River Estates Association, and the City Manager. 8. Should any of these conditions be violated, the Planning Commission reserves the right to revoke the right of Desert Chapel to conduct future special events. A noticed public hearing will be conducted as part of such a revocation process. Revocation of the permit shall be according to Section 94.02.00.1 of the Zoning Ordinance. Football Games 9. The applicant may host up to ten football games annually. These events would shall end by 10:OOpm. These events may include the use of a temporary generator, PA system, lighting and bleachers. The field and parking lot shall be cleared with all lights off by 10:OOpm. Tear-down of football games shall not extend past 10:00 pm. Special dispensation will be made to game delays caused by injuries, power outages, overtime or timeouts beyond reasonable control of Desert Chapel, 10. A lighting plan for football field lighting shall be reviewed and approved by the Director of Planning and Zoning. 11, Lighting and the PA system shall be directed away from adjacent ' residential properties. Resolution 20833 ' Page 21 12. Amplified music shall be limited to 15 minutes before game and 15 minutes at half time. 13. Desert Chapel shall provide written notice of the 'regular" football season schedule, by mail, two weeks prior to the start of football season, to Mesquite Country Club property owners in the Phase Adjacent to Desert Chapel, the Mesquite Country Club HOA, Deepwell Association and Tahquitz River Estates Association, and the City Manager. This permit shall allow for unscheduled games due to the teams advancement through playoffs. Desert Chapel shall make every reasonable effort to provide written notice of these games in a timely manner. 14. Desert Chapel shall provide a list of "key administrative personnel', including cell phone numbers, such that should any concerns arise, the matter could be brought to the immediate attention of these "key administrative personnel." The list shall be kept updated and shall be provided by Desert Chapel to the City Planning and Zoning Department, Police Department and Mesquite Country Club HOA, and Mesquite Country Club residents adjacent to the site, Deepwell Association and Tahquitz River Estates Association. Desert Chapel shall be responsible for enforcement of these conditions of approval. ' 15. Desert Chapel shall provide on site security. Security personnel shall be required and shall be on duty until 11:00pm. Security will be required to clear and secure the parking lots. 16. Desert Chapel shall utilize the northeast parking lot for overflow parking only. Driveways to this area shall be barricaded or otherwise controlled by Desert Chapel staff to ensure compliance. 17. Should any of these conditions be violated, the Planning Commission reserves the right to revoke the right of Desert Chapel to conduct future football games at this site. A noticed public hearing will be conducted as part of such a revocation process. General 18. Construction activities and the use of landscape equipment on site, including but not limited to blowers, trimmers, mowers, street sweepers, landscape equipment and general construction and landscape maintenance activities, and other in-door and outdoor maintenance activities, shall conform to permitted construction work hours in the City of Palm Springs, Monday - Friday 7 am - 7 pm, Saturday 8 am - 5pm and prohibited on Sundays, per the Municipal code. 19. Late night use of the sports courts, after the use of 10 pm, shall be prohibited. Resolution 20833 Page 22 ' 20. Desert Chapel shall provide adequate adult supervision to minors on site during all activities and events. 21. The Planning Commission reserves the right to adjust the Conditions of approval in response to operation, activities and community concerns. The process to modify shall require public notice to Mesquite Country Club HOA, one meeting with Desert Chapel and Mesquite Country Club HOA and a Planning Commission action. The Planning Commission reserves the right to require a formal public hearing prior to considering changes to the approved conditions of approval for special events and football games. The Planning Commission decision can be appealed per Palm Springs Municipal Code Section 2.05.030. In the event that conditions of approval are violated, a noticed public hearing will be conducted as part of such a revocation process. 22. In addition to the general monitoring of Desert Chapel's compliance with the Conditions of Approval pursuant to Condition No. 21, there shall be a specific monitoring program of all special events permitted by Condition No. 4 and football games permitted by Condition No. 9. Notice shall be given to the City Manager of special events pursuant to Condition 7, and of the regular football schedule pursuant to Condition 13. The City Manager shall provide for the ' monitoring of each such event, including informing residents of how to make timely complaints, providing for effective observation of the events, and having enforcement personnel available. Desert Chapel shall maintain a noise monitor available at all times during such events to measure noise impacts as specified by the City Manager. Within ten (10) days of each event, the City Manager shall cause a written report to be prepared on the event, the extent of compliance with the Conditions of Approval, whether Desert Chapel must modify and practices, and whether any changes in the Conditions are warranted. This report shall be provided to the City Council and to those persons and entities listed in Conditions 7 and 13. At the direction of the City Manager or any Council member, such reports may be placed on a Council agenda for public discussion and review. If the events are not being carried out in accordance with the Conditions, or if changes in the Conditions are warranted, the City Manager or any Council Member can initiate a noticed public hearing pursuant to Section 94.02.00.I of the Zoning Ordinance directly before the City Council to amend or modify the Conditions pertaining to special events or football games or revoke the approvals contained herein either in whole or in part. 23. All previous conditions of approval dated November 17, 2004 shall be applicable to this Planned Development District amendment, except as specifically modified by 1-22 above.