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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 Resolution 20919 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 Resolution 20919 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 O�p ALM d,e�r N c Department of Planning and Zoning w+E Vicinity Map S k CgCIF05t��4„ VIA VAQUERO RD w Proposed 0 o_ 455 South Compadre Road O 0 J RANCHERO RD ' w o: RAMON RD THERESA DR 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