HomeMy WebLinkAbout20919 - RESOLUTIONS - 5/5/2004 RESOLUTION NO. 20919
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
RECOMMENDING APPROVAL TO CITY COUNCIL OF PD - 149
(AMENDED) FOR THE REMODEL OF VACANT CONVENT BUILDING TO
BE USED AS A PRESCHOOL LOCATED AT 455 SOUTH COMPADRE
ROAD, ZONE PD-149, R-1-A, SECTION 13.
--------------------
WHEREAS, The Diocese of San Bernadino, St. Theresa Parish (the "Applicant") has filed an
application with the City pursuant to Palm Springs Municipal Code Section 9.60 for approval
of Case 5.0277 — PD —149 (Amended) to remodel a vacant convent building to be used as a
preschool located at 455 South Compadre Road, Zone PD - 149, R-1-A, Section 13; and
WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to
consider Case 5.0277 - PD - 149 (Amended) was given in accordance with applicable law;
and
WHEREAS, on April 14, 2004, a public hearing on the application for Case 5.0277- PD - 149
(Amended) was held by the Planning Commission in accordance with applicable law; and
WHEREAS, on May 5, 2004, a public hearing on the application for Case 5.0277 — PD — 149
(Amended) was held by the City Council in accordance with applicable law; and
WHEREAS, the proposed project is considered categorically exempt pursuant to the terms of
the California Environmental Quality Act ("CEAQ") Section 15301, Existing Facilities, and '
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA, the City Council finds that the Mitigated Negative
Declaration previously approved by City Council in the approval of PD-149 on
October 10, 1983, adequately addresses the general environmental setting of
the proposed Project and its significant environmental impacts and that the
proposed project is categorically exempt pursuant to Section 15302, Existing
Facilities; and
Section 2: Pursuant to Section 94,03.00 of the Zoning Ordinance, the City Council finds
that the incorporation of those conditions attached in Exhibit A:
The use applied for at the location set forth in the application is properly one for which a
Planned Development District is authorized by the City's Zoning Ordinance.
a. A previously approved Planned Development District 149 allowed St Theresa Parish
to facilitate a master plan for future construction of a multi-purpose room, offices and
rectory. Existing facilities included the Church, school, meeting room, rectory,
convent, multi-purpose room/gymnasium, office and associated on-site
improvements.
b. The adaptive re-use of an existing convent building is necessary or 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.
Resolution 20919
Page 2
The City of Plan Springs General Plan Education Policy 9.1.10 states, "Encourage
the provision of a quality atmosphere (site planning, architecture, landscape, etc.) for
educational institutions." To that effect the City of Palm Springs has utilized the
Planned Development District process of review by the City's Design Review Board to
ensure that a high quality of site planning, architecture and landscape design has
been incorporated into the proposed project, thereby conforming with the City's
education goals and policies.
c. The site is adequate in size and shape to accommodate said use, including yards,
setbacks, wall 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 site is adequate in size and shape to accommodate the adaptive re-use of a
6,419 square foot building from that of a convent to a preschool. Of the overall 8.6
acre site, 17% is devoted to buildings, 35% to paving and 48% is devoted to
landscaping, open space and recreation area. The proposed project is in keeping
with the intent of the previously approved PD — 149.
d. That the site for the proposed use relates to streets and highways properly designed
and improved to carry the type and quantity of traffic to be generated by the proposed
use.
Access to the site is provided by an existing entry/exit from Via Vacquero. Via
Vacquero is a locally designated street that runs in an east/west direction intersecting
Compadre Road. Compadre Road is a collector street that runs north/south providing
' access to Ramon Road, a major thoroughfare. This circulation route to accommodate
the proposed use is adequate in design to carry the type and quantity of traffic to be
generated by the proposed use.
e. That the conditions to be imposed and shown on the approved site plan are deemed
necessary to protect the public health, safety, and general welfare and may include
minor modifications of the zone's property development standards.
All proposed conditions of approval are necessary to ensure public health, safety and
welfare.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council
orders the approval of the amendment to PD - 149 subject to those conditions set forth in the
attached Exhibit A, which are to be satisfied prior to the issuance of a Certificate of
Occupancy unless otherwise specified.
ADOPTED THIS 5th day of May, 2004.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
C y rk City Manager �'
Resolution 20919
Page 3
EXHIBIT A '
CASE 5.0277-PD-149 AMENDMENT
455 SOUTH COMPADRE ROAD
DIOCESE OF SAN BERNADINO, ST. THERESA PARISH
CONDITIONS OF APPROVAL
May 5, 2004
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.
PLANNING
Administrative:
1a. 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.
1 b. 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 5.0277, PD-149 Amended.
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 judgment or failure to appeal, shall not
cause a waiver of the indemnification rights herein.
2. That the property owner(s)and successors and assignees in interest shall maintain
and repair the improvements including and without limitation sidewalks, bikeways,
parking areas, landscape, irrigation, lighting, signs, walls, and fences between the
curb and property line, including sidewalk or bikeway easement areas that extend
onto private property, in a first class condition, free from waste and debris, and in '
accordance with all applicable law, rules, ordinances and regulations of all federal,
state, and local bodies and agencies having jurisdiction at the property owner's
Resolution 20919
Page 4
' sole expense. This condition shall be included in the recorded covenant
agreement for the property if required by the City.
3. The appeal period for an Architectural Approval and Amended Planned
Development District application is 15 calendar days form the date of project
approval. Permits will not be issued until the appeal period has concluded.
Final Design:
4. Final landscaping, irrigation, exterior lighting, and fencing plans shall be
submitted for approval by the Department of Planning and zoning prior to
issuance of a building permit. Landscape plans shall be approved by the
Riverside County Agricultural Commissioner's Office prior to submittal.
5. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00,
Outdoor Lighting Standards, shall be submitted for review and approval by the
Director of Planning & Zoning prior to the issuance of building permits.
Manufacturer's out sheets of all exterior lighting on the building and in the
landscaping 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.
a. If lights are proposed to be mounted on buildings, down-lights shall be
utilized.
' 6. The City of Palm Springs Design Review Committee has the following conditions
of approval:
a. Evening lighting shall be added to provide lighting for the preschool.
b. Additional shade trees shall be included at the southwest corner of the site and
adjacent to the drop off aisle at the northwest corner of the property.
c. A paved walkway shall be created in the median between the drop off aisle and
the existing parking area parallel with the existing hedge in a north/south
direction.
d. The drop off aisle shall include a striped walkway from the median separating
the existing parking area and the sidewalk at the main entrance.
e. A second paved walkway shall be included at the southern parameter of the
drop off aisle with a striped walkway designated adjacent to the existing
bollards to access the more easterly portion of the parking area.
f. A planter shall be included adjacent to the outside of the building that is not
trellised in order to separate the turf and over-spray from irrigation to protect
the building from discoloration.
Architecture and Landscaping:
7. The project is subject to the City of Palm Springs Water Efficient Landscape
Ordinance. The applicant shall submit an application for Final Landscape
Document Package to the Director of Planning and Zoning for review and approval
' prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal
Code for specific requirements. ?A3
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Page 5
8. All proposed trees within the public right-of-way and within 10 feet of the public '
sidewalk and/or curb shall have City approved deep root barriers installed per City
of Palm Springs Engineering specifications.
9. The street address numbering/lettering shall not exceed eight inches in height.
10. All landscaping shall be completed before the issuance of a certificate of
occupancy,
11, All roof mounted mechanical equipment shall be screened from all possible
vantage points both existing and future per Section 9303.00 of the Zoning
Ordinance. The screening shall be considered as an element of the overall design
and must blend with the architectural design of the building. The exterior
elevations and roof plans of the buildings shall indicate any fixtures or equipment
to be located on the roof of the building, the equipment heights and type of
screening. Parapets shall be at least 6" above the equipment for the purpose of
screening.
12. 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 les than one (1), shall be served by an 8
foot walkway on the right side and shall be designated as "van accessible".
13. 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 due to the future
grading plans for the property.
14. Compact and handicapped spaces shall be appropriately marked per Section
93.06.00.C.10.
15, A curb ramp shall be required in the drop off area to provide access for the mobility
impaired and wheelchair users.
General/Grading:
16. Prior to the issuance of a grading permit, a Fugitive Dust and Erosion Control Plan
shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of
the Municipal Code for specific requirements.
17. The grading plan shall show the disposition of all cut and fill materials. Limits of
site disturbance shall be shown and all disturbed areas shall be Fully restored or
landscaped.
18. Drainage swales shall be provided adjacent to all curbs and sidewalks — 3' wide '
and 6" deep. The irrigation system shall be tested prior to final approval of the
W
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Page 6
' project. Section 14.24.020 of the Municipal Code prohibits nuisance water from
entering the public streets, roadways or gutters.
Miscellaneous:
19. 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 1/4% for residential
projects with the first $100,000 of total building permit valuation for individual
single-family units exempt. Should the public art be based on the project site, said
location shall be reviewed and approved by the Director of Planning and Zoning
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.
POLICE DEPARTMENT
1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs
Municipal Code.
BUILDING DEPARTMENT
' 1. Prior to any construction on—site, all appropriate permits must be secured.
FIRE
1. Locked gate(s) shall be equipped with a KNOX key switch device or Key box.
Contact the fire department at 323-8186 for a KNOX application form. (902.4
CFC)
2. An approved, automatic Fire Sprinkler System with 24 hour monitoring is required.
3. Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade
travel distance for normal hazards. Show proposed extinguisher locations on the
plans. (1002.1 CFC) Extinguishers shall be mounted in a visible, accessible
location 3 to 5 feet above floor level. Preferred location is in the path of exit travel
or near an exit door.
4. Fire Alarm System required. Installation shall comply with the requirements of
NFPA 72.
ENGINEERING
The Engineering Division recommends that if this application is 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.
Resolution 20919
Page 7
STREETS '
1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
VIA VAQUERO
2. All broken or off grade street improvements shall be repaired or replaced.
GRADING
3. Submit a Precise Grading and Paving Plan prepared by a California registered
Civil Engineer to the Engineering Division for review and approval. A Fugitive Dust
Control Plan (PM10) shall be prepared by the applicant and/or its grading
contractor and submitted to the Building Department for review and approval. The
applicant and/or its grading contractor shall be required to comply with Chapter
8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize
one or more "Coachella Valley Best Available Control Measures" as identified in
the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source
such that the applicable performance standards are met. The applicant's or its
contractor's Fugitive Dust Control Plan shall be prepared by staff that has
completed the South Coast Air Quality Management District (AQMD) Coachella
Valley Fugitive Dust Control Class. The applicant and/or its grading contractor '
shall provide the Building Department with current and valid Certificate(s) of
Completion from AQMD for staff that have completed the required training. For
information on attending a Fugitive Dust Control Class and information on the
Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control
issues, please contact Elio Torrealba at AQMD at (909) 396-3752, or at
etorrealba@AQMD.gov. A Fugitive Dust Control Plan, in conformance with the
Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and
approved by the Building Department prior to approval of the Grading plan. The
Grading Plan shall be approved by the City Engineer prior to issuance of any
grading or building permits.
The first submittal of the Grading Plan shall include the following information:
Copy of signed Conditions of Approval from Planning Department; Copy of Site
Plan stamped approved and signed by the Planning Department; and a copy of
current Title Report.
4. The area in which this project is situated is indicative of desert soil conditions found
in many areas of Palm Springs. The Engineering Division does not require a soils
report. This does not mean that subterranean conditions unknown at this time may
not affect construction done on this site.
5. 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 a grading plan and involving the export of
soil will be required to present a clearance document from 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
?All
Resolution 20919
Page 8
' Angeles Counties" (RIFA Form CA-1) prior to approval of the Precise Grading and
Paving Plan by the California Department of Food and Agriculture office is located
at 73-710 Fred Waring Drive, Palm Desert(Phone; 760-776-8208).
DRAINAGE
6. All stormwater runoff across the property shall be accepted and conveyed in a
manner acceptable to the City Engineer and released to an approved drainage
system.
ON-SITE
7. The minimum pavement section for all on-site pavement 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. If an alternative pavement
section is proposed, the proposed pavement section shall be designed by a
California registered Geotechnical Engineer using "R" values from the project site
and submitted to the City Engineer for approval.
8. Construct all curb in accordance with City of Palm Springs Standard Drawing No.
200 and the approved site plan, subject to the approval of the City Engineer.
9 . Construct all sidewalk in accordance with City of Palm Springs Standard Drawing
' No. 210 and the approved site plan, subject to the approval of the City Engineer.
10. Construct the pedestrian ramp and concrete walkway in accordance with the
approved site plan, subject to the approval of the City Engineer.
11, Construct the raised traffic calming crosswalk with sloped sides, subject to the
approval of the City Engineer.
12. Install new bollards at the location shown on the approved site plan, subject to the
approval of the City Engineer.
GENERAL
13. Any utility trenches or other excavations within existing asphalt concrete pavement
of off-site streets required by the proposed development shall be backfilled and
repaired in accordance with City of Palm Springs Standard Drawing No. 115.
14, All existing utilities shall be shown on the Precise Grading and Paving Plan. The
existing service laterals shall be shown from the main line to the property line.
15. The original Precise Grading and Paving Plan prepared for the proposed
development and approved by the City Engineer shall be documented with record
drawing "as-built' information and returned to the Engineering Division prior to
issuance of a certificate of occupancy. Any modifications or changes to approved
grading plan shall be submitted to the City Engineer for approval prior to
construction.
Resolution 20919
Page 9
16. Nothing shall be constructed or planted in the public right-of-way which does or will '
exceed the height required to maintain an appropriate sight distance per City of
Palm Springs Zoning Code Section 93.02.00, D.
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 Standard Drawing No. 904.
TRAFFIC
18, 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.
19, A minimum of 48 inches of sidewalk clearance shall be provided around all above-
ground facilities for handicap accessibility. The developer shall provide same through
widening of the sidewalk or shall be responsible for the relocation of all existing
impediments located on the Vaquero Road frontage of the subject property.
Resolution 20919
Page 10
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CITY OF PALM SPRINGS
CASE NO.: 5.0277 PD-149 AMEND DESCRIPTION: Application by Diocese of
San Bernadino, St. Theresa Parish to
APPLICANT: Diocese of San Bernadino, St. remodel convent building for pre-school use
Theresa Parish Located at 455 South Compadre Road,
zone, Section 31