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HomeMy WebLinkAbout5/2/2001 - STAFF REPORTS (14) DATE: May 02, 2001 TO: City Council FROM: Director of Planning & Building CASE NO.5.0860-PD-266-APPLICATION BY NICK DIBARI FORA PLANNED DEVELOPMENT DISTRICTTOALLOW FORTHE DEVELOPMENT OFA6-UNIT MULTI-FAMILY RESIDENTIAL COMPLEX PROPOSED ON 1.37ACRES OF LAND LOCATEDATTHE NORTHEAST CORNER OF INDIAN CANYON DRIVE AND ALEJO ROAD, R-3 ZONE, SECTION 11. RECOMMENDATION: That the Planning Commission recommends that the City Council approve Case No. 5.0860 Planned Development District No. 266 to allow for the development of a 6-unit multi-family residential complex proposed on 1.37 acres of land located on the northeast corner of Indian Canyon Drive and Alejo Road subject to conditions contained in the attached resolution. The applicant and owner of these properties is Nick Dibari of Real Estate Multiple Investment Inc. SUMMARY: The subject application is for a 6-unit multi-family residential project. The (2) two buildings will be (1) one and (2) two story. The applicant is requesting relief from several Zoning Ordinance provisions which include building height, setbacks, and wall heights. This project was unanimously approved by the Planning Commission and there was no opposition. BACKGROUND: Nick Dibari has submitted an application for a Planned Development District for a 6-unit multi- family residential complex proposed on 1.37 acres of land located on North Indian Canyon Drive between Alejo Road and Via Colusa. The proposed six (6) units will be within two (2) buildings, one of which will be two (2) story and 28 feet high, and the other being a single story building and 20 feet high. The two (2) story building will include three (3) -two (2) bedroom units and one (1) - one (1) bedroom unit and will be located approximately 115 feet from the nearest single family residence. The single story building will include two (2) - two (2) bedroom units with a setback of 10 feet from the adjacent single family residence located to the east. These six (6) units will range in size from 2,000 to 2,300 square feet. The two (2) units located in the single story building will each include a two (2) car garage and the four (4) units located in the two (2) story building will each include a one (1) car garage. The project site currently consists of three (3) lots and are designated as C-B-D (Central Business District) in the General Plan, and are zoned R-3 (Large-Scale Hotel and Multiple- Family Residential). The proposal includes the merging of two (2) parcels (Lots 1 and 2) and the adjustment of a lot line. Indian Canyon Drive and Alejo Road are both major thoroughfares (100 foot right-of-way) and are currently not dedicated to their full General Plan widths. The property owner is required to dedicate 20 feet on Indian Canyon Drive and 50 feet on Alejo Road bringing both streets to their required 50 foot half street rights-of-ways. After the dedication of rights-of-ways, the corner Iq4 Page 2 of 4 Case No. 5.0860— PD 266 City Council May 02, 2001 property will be 20,393 square feet and the adjoining property will be 12,195 square feet. The minimum lot size for R-3 zoned properties is 20,000 square feet. The residents will utilize Via Colusa, a private street, to access the site. Conditions of approval require full street improvements along Indian Canyon Drive and Alejo Road frontages, including the installation of improvements such as curbs, gutters, sidewalks, and the re-designing of the Indian Canyon Drive/Via Colusa intersection replacing the existing improvements for Via Colusa. The re-designing of this intersection will reduce the amount of traffic on Via Colusa and will be beneficial to the neighboring properties. The specific property development standard relief requested for this Planned Development is as follows: Building Height: The maximum height limit in the R-3 zoning district is 24 feet. The two (2) story building located on Lot one (1) is proposed to be 28 feet in height. In addition, per Section 9204.03.D.2.a of the zoning ordinance, when an R-3 zoned property abuts an R-1 zoned property, all structures within 200 feet of the R-1 zone boundary line shall have a height of not greater than 15 feet. The building proposed on Lot three (3) is adjacent to the R-1 zone and is proposed to be 20 feet in height. Setback Reductions: The required building setback along Indian Canyon Drive and Alejo Road is 30 feet. The proposed average setback is 12.7 feet from the ultimate right-of-way along Indian Canyon Drive, and 24 feet for Lot three (3) along Alejo Road. In addition, per Section 9302.E.3.a, any portion of a structure in excess of 12 feet in height shall have a minimum setback equal to its height if abutting any residential property. Therefore, the east side yard setback for the building on Lot one (1) should be 28 feet, but is proposed to be 10 feet. The west side yard setback for Lot three (3) is required to be 10 feet and is proposed to be five (5) feet. Increased Wall Heights: Per section 9302.00.E.2.4 of the City Zoning Ordinance, lots which have a double frontage (lots having street frontages along both the front and the rear property lines), and where all properties face a common street, a six (6) foot high wall may be constructed within five (5) feet of the street property line. This proposal includes a six (6) foot high block wall to be located on the Alejo Road frontage property line. SURROUNDING LAND USES: ZONING: North: Hotel R-3 (Multiple-Family Residential and Hotel) East: Single Family Residence R-1-B (Single Family Residential) South: Vacant C-1 (Retail Business) West: Francis Stevens Park O (Open Space) JqA z Page 3 of 4 Case No. 5.0860 — PD 266 City Council May 02, 2001 ANALYSIS: The proposed in-fill project will result in development of six (6) large apartments within walking distance within downtown and uptown. The design complements the area and the proposed relief from the property development standards is consistent with development patterns within the neighborhood. The building design continues the span ish/mediterranean style which is utilized for the Francis Stevens Park buildings and The Palms located directly to the north. The reduced setbacks proposed is necessary due to the irregular shape and size of these lots and the required right-of-way dedications. It is also necessary to maintain the minimum distance between buildings requirement of 15 feet. These reductions are consistent with the development pattern along Indian Canyon Drive. All buildings are accessed from Via Colusa, a private street, which will be maintained by the properties owners of the adjacent properties. Via Colusa is currently designed as a public street. Staff is recommending that the street be re-designed to a driveway approach at Indian Canyon Drive per the Engineering Departments standard driveway approach drawing. Street improvements along Alejo Road will require widening the street, including curb, gutter, a five (5) foot sidewalk, and an asphalt berm which will create a transition from the middle of the two (2) subject properties, to the fence line of the adjoining single family residential property to the east. The proposed landscape along the Indian Canyon Drive frontage will significantly improve the look of this area and improve this corner property. The applicant is proposing a undulated six (6) foot high combination block wall and wrought iron fence and landscaping along the Indian Canyon Drive frontage. The Planning Commission believes that the proposed undulated wall will reduce the impact of the proposed setback along this frontage but recommends that the entire wall be block to give the residences privacy. An encroachment agreement will be required for the wall since it will be located within the right-of-way. ENVIRONMENTAL ANALYSIS AND NOTIFICATION: This action is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15303, multi-family residences of six dwelling units or less within an urbanized area, and per Section 15332, whereas the development meets the conditions outlined for In-Fill Development Projects. All property owners within 400 feet were notified. An ONIPP meeting was held on March 8, 2001. jgt#3 Page 4 of 4 Case No. 5.0860— PD 266 City Council May 02, 2001 PLANNING COMMISSION ACTION: On March 14, 2001, the Planning Commission held a duly noticed public hearing on this application and recommended approval of the application 6-0 (1 abstention) subject to the conditions contained in the attached Resolution. Director of Pf ning and Building City Manager ATTACHMENTS: 1. Vicinity Map 2. Planning Commission Minutes of March 14, 2001 3. Resolution/Conditions of Approval � i Off VICINITY MAP TAMAI',15K II z o zo N.T.S. ppOJCCf �E �E �OCA�'ION � "ALCJo poAn Q o v n v z AMAPO II � z � � Q v AY I I VIA C���S� z O v Q 51r� z z aFJO POPJ2 mp CITY OF PALM SPRINGS CASE NO. 5,0860 FP260 DESCRIPTION A MANW2[?MI,OPM%T ATI.ICATION-r0 APPLICANT NICK 171 RI CON5-TUCTA6UNrrMUITI FAMILY FC50rNVA, COMPI.CX COCAT P ON TNC NC COPMF Or N INPIAN IL/� CANYON & A CJO pb, ZONr p-3 5CCI"ION I I U`- CITY OF PALM SPRINGS PLANNING COMMISSION MEETING March 14, 2001 1:30 p.m. Council Chambers, City Hall 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 FY 00-01 ROLL CALL Present Present Excused Absences This Meeting To Date To Date Chris Mills, Chr. X 15 1 Jeffrey Jurasky, V.Chr. X 14 2 Ralph Raya X 12 4 Jon Shoenberger X 15 1 Philip Klatchko X 14 2 Jon Caffery X 12 4 Mark Matthews X 13 3 STAFF PRESENT Doug Evans, Director of Planning & Building Hope Sullivan, Principal Planner Alex Meyerhoff, Principal Planner Kim Chafin, Associate Planner Tina Shurilla, Assistant Planner Michele Boyd, Administrative Coordinator Chairman Mills called the meeting to order at 1:40 p.m. March 14, 2001 agenda was available for public access at the City Hall exterior bulletin board and the Department of Planning & Building counter by 4:00 p.m., Friday, March 09, 2001. APPROVAL OF MINUTES: M/S/C (Shoenberger/Klatchko 6-0, 1 absent) to approve the minutes of February 14, 2001 as presented. Page 3 of 8 Planning Commission Minutes March 14, 2001 Case 5.0860 — PD 266 — Application by Nick Dibari for a Planned Development District to construct a six-unit multi-family apartment building on the northeast corner of North Indian Avenue and Alejo Road, R-3 Zone, Section 11. Commissioner Klatchko abstained due to a conflict of interest. Assistant Planner Tina Shurilla reported that surrounding properties include a hotel, single family residence, vacant land, and Francis Stevens Park. She reported that four units (which range in size from 2,000 to 2,300 square feet) will have single car garages, that two units will have double car garages and that the application includes a request of relief of setbacks and building and wall heights. She stated that the required setback along Indian Canyon Drive, Alejo, and Via Colusa is 25 feet and that the proposed setback is 12.7 feet average on Indian Canyon Drive, (24 feet for the single story on Alejo Road and 30 feet for the two-story units). She reported that the entry feature will be on Via Colusa (a private street) and that the wall on Indian Canyon Drive and Alejo Road is a six-foot tall block wall. The wall on Alejo Road is proposed to be on the property line; however, staff is recommending that it be five feet back from property line. The wall on Indian Canyon Drive encroaches into the public right of way and would require an encroachment agreement. She reported that a conceptual landscape plan has been reviewed by staff and that staff will work with applicant further on landscape plan. She reported that Indian Canyon Drive and Alejo Road are not currently to their full General Plan widths. She reported that the project has 20 feet dedicated on Indian Canyon Drive and 50 feet on Alejo Road for future street widening, as per Engineering requirements. She confirmed that, through an additional application process, this project could be converted to condominium use. Commissioner Caffery recommended, because subject property is in an older and established neighborhood, that the roof be a two-piece mudded tile and not the proposed S-tile. Director stated that the encroachment issue means that, in the future after street widening, residents would live much closer to streets. He stated that the project is a good fit for the area and that converting Indian Canyon Drive to two-way traffic from Granvia Valmonte to Alejo Road would have a positive impact on the project. City Engineer concurred. '(1*'#7 Page 4 of 8 Planning Commission Minutes March 14, 2001 Chairman Mills opened the Public Hearing. Mr. Nick Dibari, applicant, addressed the Planning Commission to assure them that he is cognizant of the importance of blending in with the established neighborhood. He stated that the double-tile roof is designed to look substantial on its own. He asserted that the staff condition that it be hand-troweled would double the cost of the stucco work and asked for relief of that condition. He suggested a blown-on knockdown in place of the hand-troweling. He also asked that, in light of the 20 feet and 50 feet street dedications, payment for street improvements not be required of him. He stated that he would prefer to landscape that area until such time as the City does widen the streets. There being no further appearances, the Public Hearing was closed. Director stated that the future widening of the streets will effect the area — especially at the intersection — and that it is likely that Alejo road will be widened within the next several years. City Engineer concurred and added that, as the intersection of two major arterials, more storage will be required at intersection, especially the west-bound traffic. Director reported that one option for the applicant may be to discuss possible development assistance with the Redevelopment Agency. He stated that the Planning Commission could defer street improvements through covenant and allow the applicant to encroach with fence or wall for, perhaps, three-to-five years, but then improvements would have to be torn out at the time of widening and could then be disruptive for residents. He also stated that the removal of improvements would be an additional cost burden to the property owner. City Engineer recommended that street improvements be required without delay. He added that he does not recommend bonding for future covenants as an easy way to realistically achieve improvements. Chairman Mills stated that the two-piece tile with 60% mudding could make the project compatible with neighborhood. He stated that the applicant's proposed knockdown treatment of the stucco may work and that applicant has the opportunity to do a sample of this and bring to the Planning Commission for additional review. He also expressed his wish that the corner details have distinctive design and that walls align. He complimented Mr. Sanborn on his contribution to the project. M/S/C (Caffery/Shoenberger 6-0, 1 abstention) to approve subject to Conditions of Approval in Staff Report and that roof tiles include 60% mudding. EXHIBIT A May 02, 2001 Case No. 5.0860-PD-266 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. PLANNING DEPARTMENT: 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 5.0860-PD-266. 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 appeal period for this application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 4. The final development plans shall be submitted in accordance with Section 94.03 of the Zoning Ordinance. Final development plans shall include the following: site plan, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, walls, fencing, retaining walls and all gates, exterior lighting plans, sign program, site cross sections, property development standards, design plans and street improvement plans for Indian Canyon Drive and Alejo Road and other such documents as required by the Planning Commission and/or City Council. Final development plans shall be submitted to the Planning Commission for approval within two (2) years of the City Council approval of the preliminary planned development district. / a �� S 5. Pursuant to Section 93,04.1.1, if the owners of the property have not commenced substantial construction within six (6) months from the date of the final development plan as approved by the Planning Commission, the Planned Development District shall become null and void. For good cause shown by the property owner, the Planning Commission may extend the six (6) month period required for commencing construction. 6. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Building prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 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 Building for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 8. Prior to 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. 9. 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. 10. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6"deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 11. 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. 12. In accordance with Planning Commission Resolution No. 1503, dated November 18, 1970, the developer is required to plant palm trees (14 feet from ground to fronds in height) 60 feet apart along the entire frontage of Indian Canyon Drive. These trees or tree shall match the type and scale of the adjacent palm trees along Indian Canyon Drive. 13. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning and Building for approval in a form to be approved by the City Attorney, to be recorded prior to issuance of occupancy permits. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances, and shall include the following special conditions: The applicant shall submit a deposit to the City of Palm Springs for the review of the CC&R's by the City Attorney. Alhito 14. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 15. No exterior down spouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 16. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 17. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval by the Director of Planning and Building prior to issuance of building permits. 18. The street address numbering/lettering shall not exceed eight inches in height per section 19. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Building Official. 20. An exterior lighting plan in accordance with the Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning & Building prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building, in the landscaping, and in the parking lot shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. 21. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 22. 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 first $100,000 of total building permit valuation for individual single- family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Building and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 23. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 24. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the I�/��� frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 25. Handicapped accessibility shall be indicated on the site plan to include the location of the handicap parking space, 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. 26. The finish on the building walls and block walls shall be submitted for final approval to the satisfaction of the Director of Planning and Building. (A smooth plaster finish is desirable). 27. The wall and pilasters located on Alejo Road shall be located out of the right-of-way and shall include tree wells and/or shall undulate to give relief to this elevation. 28. Per Section 9301.00.F.6.b of the City zoning ordinance, the waterline of the swimming pool shall be a minimum of five (5) feet from any property line. 29. A reciprocal access agreement between the two (2) properties shall be submitted for review and approval of the Director of Planning and Building and the City Attorney. 30. Submit window details for review and approval of the Department of Planning and Building. 31. A pathway in the rear yard leading to the pool area shall be added to accommodate all residences to the satisfaction of the Director of Planning and Building. 32. The 2-piece roofing tile should include a minimum of 60% mud between tiles. ENGINEERING DEPARTMENT: * Off-Site Improvements Approved For Deferral By Covenant STREETS 1. The Engineering Department recommends deferral of off-site improvement ITEMS 8 thru 9, and 11 at this time due to lack of full improvements in the immediate area. The developer shall enter into a covenant agreeing to construct all mentioned improvements along the entire frontage upon the request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be submitted with the Grading Plan. The Grading Permit will not be issued until completion of the covenant. 2. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950- Restricting Street Work on Major and Secondary Thoroughfares. 3. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. if 6f ff . Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B. All agreements and improvement plans approved by City Engineer, IF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. INDIAN CANYON DRIVE NORTH 4. Dedicate an additional right-of-way of 20 feet to provide the ultimate half street width of 50 feet along the entire frontage, together with a property line - corner cut-back at the SOUTHWEST corner of the subject property in accordance with City of Palm Springs Standard Drawing No. 105. 5. The developer shall obtain an Encroachment Agreement from the City Engineer to construct 6 foot high slump stone block wall along the Indian Canyon Drive North frontage of the property and shall agree to relocate said structure upon the request of the City Engineer at such time as deemed necessary. The Encroachment Agreement shall be submitted with the Grading Plan. The Grading Permit will not be issued until completion of the Agreement. 6. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum width of 30 feet measured from the existing north curb face on APN 507-192-002 (replacing existing improvements for Via Colusa now vacated). 7. Construct a minimum 4 foot wide sidewalk behind the curb to match existing sidewalk as required along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 8. Construct an 8 inch curb and gutter, 38 feet EAST of centerline along the entire frontage, with a 35 foot radius curb return at the SOUTHWEST corner of the subject property per City of Palm Springs Standard Drawing No. 200. 9. Construct a minimum 8 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 10. Construct a curb ramp meeting current California State Accessibility standards at the SOUTHWEST corner of the subject property per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 11. Remove and replace existing pavement with a minimum pavement section of 5 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to clean sawcut edge of existing pavement along the entire frontage in accordance with City of Palm Springs Standard /y�4/3 Drawing No. 340. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 12. All broken or off grade CURB, GUTTER, AC PAVEMENT AND SIDEWALK shall be repaired or replaced. ALEJO ROAD EAST 13. Dedication of half-street right-of-way is required to an ultimate width of 50 feet along the south portion of the east half of APN 507-195-012 (also known as Palm Springs Estates, Lot 3) in accordance with City of Palm Springs Standard Drawing No. 105 14. Construct an 8 inch curb and gutter, 38 feet NORTH of centerline along the entire frontage of APN 507-195-012 per City of Palm Springs Standard Drawing No. 200. 15. Construct a temporary 6 inch asphalt curb taper, 88 feet in length starting at a point on the proposed curb and gutter 69 feet west of the east property line and extending southeasterly ending at the existing edge of pavement per City of Palm Springs Standard Drawing No. 200 -Al-8. 16. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage of APN 507-195- 012 and 016 in accordance with City of Palm Springs Standard Drawing No. 210. 17. Construct AC pavement with a minimum pavement section of 5 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to clean sawcut edge of existing pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 340. The pavement section shall be designed, using "R"values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 17A. All broken or off grade CURB, GUTTER, AC PAVEMENT AND SIDEWALK shall be repaired or replaced. SANITARY SEWER 18. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. GRADING 19. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 20, Submit a Grading Plan prepared by a Registered Professional to the Engineering Department for plan check. Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Department. The Grading Plan shall be approved by the City Engineer prior lYt4ly to issuance of any grading or building permits. Minimum submittal includes the following: A. Copy of Planning Department comments regarding the grading plan. B. Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. E. Copy of Soils Report, IF required by these conditions. 21. 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. 22. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 23. A soils report prepared by a licensed Soils Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site. A copy of the soils report shall be submitted to the Building Department and to the Engineering Department along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 24. Contact the Building Department to get PM10 requirements prior to request for grading permit. 25. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving an engineered grading plan and the export of native soil from the site will be required to present a clearance 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 Angeles Counties" (RIFA Form CA-1) or a verbal release from that office prior to the issuance of the City grading permit. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert. (Phone: 760-776-8208) DRAINAGE 26. 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 /M/s`" generated by the development of the site. Provide calculations to determine if the developed Q exceeds the capacity of the approved drainage carriers. 27. The project is subject 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. ON-SITE 28. The minimum pavement section for all on-site driveways (inclusive of the south portion of the vacated Via Colusa) and parking areas shall be 2-1/2 inch asphalt concrete pavement over 4-inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal. The pavement section shall be designed, using "R" values, determined by a licensed Soils Engineer and submitted with the Fine Grading Plan to the City Engineer for approval. 29. The on-site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00. 30. The property owner shall enter into a reciprocal access agreement with the owner(s), master lease and all sub-leases of the adjacent property to the north and provide a copy of same to the City Engineer prior to issuance of building permit. GENERAL 31. 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. 32. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. 33. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. The approved original grading/street plans shall be as-built and returned to the City of Palm Springs Engineering Department prior to issuance of the certificate of occupancy. 34. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 35. The developer shall take every precaution needed to "Protect -in-Place" any existing Whitewater Mutual Water Company water line(s) that may traverse his project. 36. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Standard Drawing No. 203. Ay411 37. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. MAP 38. 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 Department. This condition shall be complied with before issuance of grading or building permits. 39. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Lot Line Adjustment. TRAFFIC 40. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalkor shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the INDIAN CANYON DRIVE NORTH and ALEJO ROAD EAST frontages of the subject property. 41. 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. 42. This property is subject to the Transportation Uniform Mitigation Fee based on the RESIDENTIAL MULTI-FAMILY ITE Code B land use. POLICE DEPARTMENT: 27. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. WASTE DISPOSAL SERVICES: 28. 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. FIRE DEPARTMENT: 29. Construction Requirements - Construction shall be in accordance with the 1998 California Fire Code, 1998 California Building Code, 1996 National Electrical Code, Palm Springs Ordinance 1570, 1998 NFPA Standards, California State License Board, Desert Water Agency requirements Plus UL/CSFM listings and approvals. / ` �� 30. Site Protection - Provide domestic water hose(s)with adjustable spray nozzle(s) able to reach all combustible materials and construction. 31. Premises Identification -Approval number or addresses shall be plainly visible and legible from the street or road fronting the property per the 1998 California Building Code. Contact building official. 32. Construction Site Fencing - Provide construction site fencing. Fire apparatus emergency access gates shall be at least 14 feet in width and equipped with a frangible chain and padlock. 33. Fire Sprinklers -A Fire Sprinkler System with 24 hour monitoring is required. Installation shall be accordance with City of Palm Springs Ordinance 1570 and NFPA 13R and local requirements. 34. C-16 Fire Sprinkler Contractor- Fire sprinkler systems shall only be designed and installed by a C-16 Fire Sprinkler Contractor licensed by the California Contractors State License Board. 35. Smoke Detectors - Provide Residential Smoke Detectors in accordance with the 1998 California Building Code. Contact building official. 36. Fire Extinguishers - Portable Fire Extinguishers shall be installed in accordance with the 1998 California Code. 37. Further Comments as conditions warrant. / yAl� s AFFIDAVIT OF MAILING NOTICES I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing before the City Council of the City of Palm Springs, in conjunction with Case No. 5.0860, Planned Development District 266, applicant Nick Dibari, to allow development of a 6-unit multi-family residential complex,was mailed to each and every person on the attached list on the 20th day of April,2001. A copy of said Notice is attached hereto. Said mailing was completed by placing a copy of said Notice in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 20th day of April, 2001, PATRICIA A. SANDERS City Clerk NOTICE OF PUBLIC HEARING CITY COUNCIL Case No. 5.0860- Planned Development 266 Nick Dibari Northeast corner of Indian Canyon Drive and Alejo Road NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of May 02, 2001. The City Council meeting begins at 7:00 p.m. in the City Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California. The purpose of the hearing is to consider a Planned Development District to allow for the development of a 6-unit multi-family residential complex. The proposed six (6) units will be located on 1.37 acres of land and will be within two (2) buildings, one of which will be two (2) story and 28 feet high, and the other will be one (1) story and 20 feet high. The complex will have six (6) -two (2) bedroom units. The units will range in size from 2,000 to 2,700 square feet and will each include a two (2) car garage. The specific property development standard reliefs that are being requested are for the reduction of the building setback along the Indian Canyon Drive frontage,the setback between the two(2)buildings and the rear wall height. This proposal is located at the northeast comer of North Indian Canyon Drive and Alejo Road, R-3 zone, Section 11. This project is categorically exempt from the California Environmental Quality Act pursuant to Section 15303, multi-family residences of six dwelling units or less within an urbanized area, and per Section 15332, whereas the development meets the conditions outlined for In-Fill Development Projects. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearings described in this notice or in written correspondence at or prior to the City Council meeting. Notice of Public Hearing is being sent to all property owners within four hundred (400) feet of the subject property. An opportunity will be given at said hearings for all interested persons to be heard. Questions regarding this case may be directed to Alex Meyerhoff, Department of Planning & Building, 760/323-8245. PATRICIA A. SANDERS City Clerk VICINITY MAP TAMAP.ISK p0DJ7 zo Oz N.T.S, �OCMON Fjo r;ov o n v z AMAUO WA7 V AY I I VIA Cq/(5;{ z OO v ppOJ�C� Q 511� z mp CITY OF PALM SPRINGS CASE NO. 50960 1T260 DESCRIPTION A LN�NC 7 P7 vi-I 0gwivJ r 1gTHCAf10N 1.0 APPLICANT NICK III>PJ?I CON511PuciA6uNlrMul.lirAMlwnral eN11�� C01011TX I OCAITI)011 1111, 1 II' C01'11 1� (Ir 111HIAN,I i A I I() 1'V, � 1 II- I� ') ,-I r 'If 1111 Smooth Feed SheetsTM Use template for 51600 Real Estate Multiple Invest., Inc. Nick DiBari Sanborn A/E, Inc. 67455 Toltez Court 521 West Linda Vista Drive c/o Allen Sanborn Cathedral City, CA 92234 Palm Springs, CA 92262 1227 South Gene Autry Trail, #C Palm Springs, CA 92264 TKD Associates 2121 East Tahquitz Canyon Way Palm Springs, CA 92264 I . 13 AVERYO Address Labels Laser 5960T 508-531-038 508-531-039 508-531-040 Joan Sutherin Marjorie A Brandon William C Moor 3407 Huxley St 29 1333 Jones St 10038 8561 Lawson Cir Los Angeles CA 90027 San Francisco CA 94109 Boynton Beach FL 33437 508-531-041 508-531-042 508-531-043 Doris L Peques Mac A & Bessie Watson Pamela Foley 740 W Paseo Del Mar 4 128 W 98th St 6108 Avenida Cresta San Pedro CA 90731 Los Angeles CA 90003 La Jolla CA 92037 508-531-044 508-531-045 508-531-046 Alfonzo J Dave Bill J & Jane Kent Steven Goldstein 326 E Hillsdale St 6650 N Basin Ave M 277 E Alejo Rd 221 Inglewood CA 90302 Portland OR 97217 Palm Springs CA 92262 508-531-047 508-531-048 508-531-049 Harry Rosenthal Donald T Morgan Wendy Shain 277 E Alejo Rd 222 4525 Tepusquet Rd 100 S Sunrise Way Pmb 3 Palm Springs CA 92262 Santa Maria CA 93454 Palm Springs CA 92262 508-531-050 508-531-051 508-531-052 Robert & Joy Soltis Julius M Tappe Murray Liebowitz 3810 E Mcgilvra St 120 El Cerrito Ave 2295 S Alhambra Dr Seattle WA 98112 Hillsborough CA 94010 Palm Springs CA 92264 508-531-053 508-531-054 508-531-055 Steven Lowe Laverne Sprinkle Walter M & Betty Scott 2820 Arcadia Ct B203 277 E Alejo Rd 3 7717 S 116th St Palm Springs CA 92262 Palm Springs CA 92262 Seattle WA 98178 508-531-056 508-531-057 508-531-058 Edie R Bato Ralph R Fairweather Scott E & Karin Melvard 1220 Roxbury Dr 1 277 E Alejo Rd 6 3021 138th St E Los Angeles CA 90035 Palm� Springs CA 92262 Tacoma WA 98446 508-531-059 508-531-060 508-531-061 Martin L Litman Richard Nierenberg Nancy J Johnson 277 E Alejo Rd 8 2621 Palisade Ave N 17a 9215 Waller Rd E Palm Springs CA 92262 Riverdale NY 10463 Tacoma WA 98446 508-531-062 508-531-063 508-531-065 Marena Mathews Jorege Guarnero Home Business Developme 277 E Alejo Rd 11 2519 SW Vista Ave 277 E Alejo Rd 8 Palm Springs CA 92262 Portland OR 97201 Palm Springs CA 92262 508 1-066 Home ness elopme PO Box 18 San D ' CA 508-531-008 508-531-009 508-531-010 R & Helen Sobel Dennis E Carroll Rolf Garthoffner 277 E Alejo Rd 109 9181 Sherry Cir PO Box 1113 Palm Springs CA 92262 Huntington Beach 92646 Lake Arrowhead CA 92352 508-531-011 508-531-012 508-531-013 Steven R Thornton Mark C Smith Reinhard & Helen Prinz 30350 Keith Ave PO Box 383 153 S Crescent Dr 9 Cathedral City CA 92234 Mashpee MA 02649 Beverly Hills CA 90212 508-531-014 508-531-015 508-531-016 Fredrick Nelson Elisabeth Garthoffner Salvation Army 1150 Brightwood St 740 W Paseo Del Mar 825 7th Ave Monterey Park CA 91754 San Pedro CA 90731 San Diego CA 92101 508-531-017 508-531-018 508-531-019 Marjorie A Brandon John Whitely Edmund E & Ann Kaye 1333 Jones St 1003b PO Box 32776 1717 150th Ave SE 8 San Francisco CA 94109 Long Beach CA 90832 Bellevue WA 98007 508-531-020 508-531-021 508-531-022 I Y Harvey Benjamin S Klapper Gregory Gray 277 E Alejo Rd 121 605 E Penn St 277 E Alejo Rd 123 Palm Springs CA 92262 Long Beach NY 11561 Palm Springs CA 92262 508-531-023 508-531-024 508-531-025 Biglow Howard L Judith D Hill Clara Hartley 254 E Rowland St 521 Sweeney Ave 277 E Alejo Rd 126 Covina CA 91723 Las Vegas NV 89104 Palm Springs CA 92262 508-531-026 508-531-027 508-531-028 Peter J Tripodes Jay & Beatrice Froman Arthur & A Jaffe 1310 Gates P1 11 Eastwood Dr PO Box 3262 South Pasadena CA 91030 San Mateo CA 94403 Palm Springs CA 92263 508-531-029 508-531-030 508-531-031 Jennie Agee Louis S Kralevich Larry K & Yvonne Lee 1480 Hillview Cv 100 S Sunrise Way 12015 Marine Dr 458 Palm Springs CA 92264 Palm Springs CA 92262 Marysville WA 98271 508-531-032 508-531-033 508-531-034 Grace C Sundean Rudolf F Peters Bertha Ilko 500 High St PO Box 907 314 Roseview P1 Santa Cruz CA 95060 Palm Springs CA 92263 Chula Vista CA 91910 508-531-035 508-531-036 508-531-037 John K & Devi Rodrigo Glenn & Sandy Curtis Steven R Thornton 330 Stevens Rd 7911 Hadley St 30350 Keith Ave Palm Springs CA 92262 Shawnee Mission K 66204 Cathedral City CA 92234 I'J�n 505-303-007 505-325-003 507-183-006 Intercontinental Real E Village Center For The Pebblebrook Inc 685 E Vista Chino 7 538 N Palm Canyon Dr 4470 Winnetka Ave Palm Springs CA 92262 Palm Springs CA 92262 Woodland Hills CA 91364 507-191-001 507-191-002 507-193-001 Chester J Mccarthy Sue Loversky Roger Milgrom 330 E Valmonte Sur 354 E Valmonte Sur 17766 Rowland St Palm Springs CA 92262 Palm Springs CA 92262 Rowland Heights C 91748 507-193-002 507-193-003 507-193-008 Mitzi Lowe Gene P & Robin Allen Allan J Thron 355 E Valmonte Sur 2449 Via Sonoma 418 E Via Colusa Palm Springs CA 92262 Palos Verdes Esta 90274 Palm Springs CA 92262 507-193-009 507-193-010 507-193-011 Stanley J Schaeffer John L Crain William R Wickham 380 E Via Colusa 350 E Via Colusa 330 E Via Colusa Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262 507-195-005 507-195-006 507-195-012 01(4' Adams David & Adrianne Doyle Real Estate Multiple In 401 E Via Colusa 403 E Via Colusa 615 N Alpine Dr Palm Springs CA 92262 Palm Springs CA 92262 Beverly Hills CA 90210 507-195-014 5 11 -195-016 508-021-001 Bette B Beck Real p e In Agua Caliente Band of C 75 E Via Colusa 67455 e 600 E Tahquitz Canyon W Palm Springs CA 92262 edral Cy CA 9 4 Palm Springs CA 92262 508-021-002 508-021-003 508-021-004 Trebol International De Dorothy C Segundo Hans Zeisbrich 695 N Camino Real 401 N Burton Way 2275 E Belding Dr Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262 508-021-005 508-031-001 508-031-002 Arline G Niedermeyer Angel View Crippled Chi Richard Groman 1021 Hollowell St 12379 Miracle Hill Rd 12165 Summit P1 Ontario CA 91762 Desert Hot Spring 92240 Beverly Hills CA 90210 508-531-001 508-531-003 508-531-004 Ronald & Sandy Stein Riccarda L Velde Sunny Jacobson 17786 Alonzo P1 277 E Alejo Rd 103 277 E Alejo Rd Encino CA 91316 Palm Springs CA 92262 Palm Springs CA 92262 508-531-005 66` 508- 1-00 ' 6 �� 508-531-007 Pensco Pension Services Pens co s Services John M & Lynda Ross 560 Noe St 5 4012 SW 107th San Francisco CA 94114 S60 No ancisco CA 94114 Seattle WA 98146 l Feed etsT"' slagej ssaipW tempkNikV 513 081 002 Od� 51 81 003 513 081 004 Harry Moscatel Harry tel Earle Strebe&Harry Groman 10697 Main St 10697 Main 12165 Summit Pl Bellevue,WA 98004 Belle , A 9800 Beverly Hills,CA 90210 513 081 023 Harry Groman&Peggy Groman 922 N Everly Dr Beverly Hills,CA 90210 Smooth Feed SheetsT"' Use template for 51600 508-531-002 508-531-064 JOSEPH WIESENTHAL M L WRIGHT 79 SCOTIA ST 1601 HERITAGE WINNIPEG MANITOBA CANADA R2W3 SASKATOON CANADA S,7H h &09TSio;a4ejdwa;asn w1SlaaUSPaa4 U300w4z 5 Smooth Feed SheetsTM Use template for 51600 Bob Seale Christine Hammond John Hunter 280 Camino Sur 373 South Monte Vista Drive P.O. Box 2824 Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92263 Philip Tedesco Sharon Lock Frank Tysen 1303 Primavera Drive 1517 Sagebrush Casa Cody Palm Springs, CA 92264 Palm Springs, CA 92264 175 South Cahuilla Road Palm Springs, CA 92264 Bob Weithorn Jane Smith 261 South Belardo Road 928 Avenida Palmas Palm Springs, CA 92264 Palm Springs, CA 92262 3 sErs " 8 E,4 sir 5%AVERY@ Address Labels Laser 5960TM (� -S 10 0) b�C9 507-193-001 4� co Roger Milgrom Q Kati cb 17766 Rowland St Rowland Heights C 91748 '�j4?"'7 ' — 14ILG 766 1200 13 04/j: i0Y 017 ,;,r`,f ._ • 'r FORWARD TOME ME Fxp E;tP RTN TO SEND r,' MILGROM ' ROGER 27 SAN JUAN DR RANCHO MIRAGE CA 92270-1942 V�'' . �•,,p ,_:'.,,,. p RETURN TO SENDER 'I p N t 1 fe 1 508-531c'04'9 Wendy' Sh_ 100 nrise' ' p 3 p Springs CA 92262 a Jaffe 326'2 Springs CA 92263 Pp Boy, palm 513081 11 aTry seat el 1069 c Bell ain S, 10 3/e e, WA 98004 dv Oe 00001,0, 1P 505-303-007 Intercontinental Real 685 E Vista Chino 7 Palm Springs CA 92262 REf6"RN T To c, q,—SENDER '0 A ADDRESSEE U N UNKNOWN PROOF OF PUBLICATION This is space for County Clerks Filing stamp C (2015.5.C.C.P) STATE OF CALIFORNIA - County of Riverside - No.7460 CITY OF PALM SPRINGS I NOTICE OF PLANNING COMMISSION MEETING Cage No. 6.0860 - Planned pevelopment 266 Northeast c Diban omer of Indian Canyon I am a citizen of the United States and a resident of Drive and Al Road - e1'o NOTICE 15 HEREBY GIVEN that the Planning the County aforesaid; I am over the age of eighteen Commission of the City of Palm Springs, Califor- nia, will hold a public hearing at its meeting of years,and not a party to or interested in the March 14,2001.The Bishop Commission meet- m begins at 1:30p m. (Public Hearin s begin at above-entitled matter.I am the principal clerk of a z.�o P m.) in the City Council chamber at city Hall, 3200 E. Tahqultz Canyon Way, Palm_ printer of the,DESERT SUN PUBLISHING %mg., California. The purpose of the hearing is to comiide, a COMPANY a newspaper of general circulation, Planned Development District to allow for the cleat and published in the city of Palm Springs, velopment of a 6-unit multi-family residential P P tycomplex. The proposed six rr6) units will si Inca[ Countyof Riverside,and which newspaper has been ed on 1.37 acres of land and u be within two(at-buildings, one of which will be [we i story an adjudged a newspaper of general circulation by the 28 feet high, end the other will be one (1) story and 20 feet high. Th complex will have six (6) - Superior Court of the County of Riverside,State of two (2� bedroom un�ts. The units will range in sized rom 2,000 to 2,700 square feet an tl will California under the date of March 24, 1958.Case each include two (2) car gars a The,specific Number 191236;that the notice of which the groperty development standard reliefs that are{ emg requested are for the reduction of the builtl-1 annexed is a printed co set in a not smaller ing setback along the Indian Canyon Drive front- than non ar el,has been (set in each regular age, h e setback between tits two al, s located P P g and the rear well height. This Propose is locatedat the northeast corner of North Sectio you n Canyon and entire issue of said newspaper and not in any Drive and Ale10 Road, R-3 zone, Section 11. supplement thereof on the following dates,to wit: __ viawtt niter i March 6th F All in the year 2001 I certify(or declare)under penalty of perjury that the foregoing is true and correct. - —=- 6th Cn_OF PALM 5PNWGS_ Dated at Palm Springs,California this------day — March This Envi t n categoncally exempt from the Cali- OF-----------------,2001 forma Environmental Quality Act Pursuant to Sec- tion 15303, mutt-famil residences of six dwell,, 'units or less within an urbanrzed area, `nil pg ��(/ r Section 16332, whereas the devil.pmen meets the conditions outlined for In-Fi may gglll Development Projects It those any individual n vid al or ged row hW pttbbhc heedrein9s mated to only Signature en at or prior to the Commission meetingspondence eny oce wners wiithic in fourghonorrs sent to feet11of�t prop subject property. An opportunity will be given at_ 6aitl hearinggs Tor all interested persons,to ba Acted ttoouTne Shons unllamDeparmentis cso(Plan nngdg Building, 760/323-8246. - PLANNING COMMISSION / __Director ofPlaj, (V Lf s� RECEM,zr, 2 s 2oa� PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA ''� County of Riverside ----------------------- Nc.7881 CITY COUNCIL CITY OF PALM SPRINGS Case No. 5.0660 - Planned Development 266 Nick Court Northeast corner and AtofIndian Canyon I am a citizen of the United States and a resident Of NOTICE IS HEREBY GIMIN that the City Council the County aforesaid; I am over the age of eighteen of the City of Palm Springs, Calrtomia,will hold a g g public hearing at its meeting of May 02, 2001. years,and not a party to or interested in the The Cityy Council meeting begins at 5:30 p.m. ((Public Hearings,begE at 2:00pp.m.),in the City above-entitled matter.I am the principal clerk of a Council Chamber at City Hall 3200 E. Tahquitz printer of the,DESERT SUN PUBLISHING Ca on Way, Palm Springs, Cralifomla Thepur ose of the hearing is to consider a COMPANY a newspaper of general circulation Planned development District to allow for the de- velopment of a 6-unit multi-family residential printed and published in the cityof Palm S complex.The proposed six(6)units will be locat- Springs,g ed on 1 37 acres of land and will be two(2)slo County of Riverside,and which newspaper has been and 28 feet high, and the other will be one (� story and 20 feet high.The complex will have six adjudged a newspaper of general circulation by the (6)-two(2)bedroom units.The units will range in size from 2,000 to 2.700 square feet and will each Superior Court of the County of Riverside,State of include a two F)car age.The specific proper- California under the date of March 24 1988.Case ty developmen standard reliefs thet are being re- > quested are for the reduction of the building set- Number 191236;that the notice,of which the back along the Indian Canyon Drive frontage,the setback between the two (2) buildings and the annexed is a printed copy(set in type not smaller rear well height. This proposal is located at the northeast comer of North Indian Canyon Drive than non pariel,has been published in each regular and Aisle Road, R-3 zone, Section 11. and entire issue of said newspaper and not in any - -- ' '- supplement thereof on the following dates,to wit: maNlrr MAP' �. Apri120th I All in the year 2001 I certify(or declare)under penalty of perjury that the l — foregoing is true and correct. 20th r ICI Ty OF ALM SPRINGS Dated at Palm Springs,California this-------day "` This project is ca�a oricalllyyy exempt from the Cali- April forma Environmental Quay Act pursuant to Sec- tion 15303,mufti-family res dances of six dwelling Sec- of 2001 units or less within an urbanized area, and per Section 15332, whereas the development meets the cpnditions outlined for In-Fill Development Protects.. . If any individual raised a group challenges the action e court ieauea miaetl me be Ilmitetl to only those issues raised at the public hew! ga described in Signature this notice or in written cerrea Pon tlonce at or pri- or to the mesting Notice of Public Hearing is being sent to all pro p- Mowners within four hundred(400) feet of the subject property An opportunity will be given at Bald hearings for all interested persona to be I Questions Yyregardin9g this case ma be di- rected ltling 7fi1U323-8245 Dapartment of Planning PATRICIA A. SANDERS City Clerk PUB:April 20, 2001 RESOLUTION NO. 20037 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING APPROVAL OF CASE NO. 5.0860-PLANNED DEVELOPMENT DISTRICT NO. 266 TO ALLOW FOR THE DEVELOPMENT OF A 6-UNIT MULTI-FAMILY RESIDENTIAL COMPLEX PROPOSED ON 1.37 ACRES OF LAND LOCATED ON THE NORTHEAST CORNER OF INDIAN CANYON DRIVE AND ALEJO ROAD, R-3 ZONE, SECTION 11. WHEREAS, Nick Dibari, the applicant, has filed an application with the City pursuant to Section 9402.00 and 9403.00 of the Zoning Ordinance, Case No. 5.0860 Planned Development District No. 266 for the development of a 6-unit multi-family residential complex proposed on 1.37 acres of land located on the northeast corner of Indian Canyon Drive and Alejo Road, R-3 Zone, Section 11; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider the application for Case No. 5.0860 Planned Development District No. 266 was given in accordance with applicable law; and WHEREAS, on March 14, 2001, a public hearing on the application for Case No. 5.0860 Planned Development District No. 266 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on March 14, 2001, the Planning Commission voted to recommend approval (6-0; one abstention) to the City Council through adoption of its Resolution No. 4736; and WHEREAS, pursuant to Government code Section 66452.3, city staff prepared a written report for the City Council with the Planning Commission recommendation that the Case No. 5.0860 Planned Development District No. 266 be approved, and that a copy of that report was served upon the applicant prior to the aforementioned meeting; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report, and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the Planning Commission finds as follows: This Planned Development District is categorically exempt from environmental assessment per Sections 15303, multi-family residences of six dwelling units or less within an urbanized area, and per Section 15332, in-fill development projects, of the California Environmental Quality Act (CEQA). Section 2: Pursuant to Section 9403.00 of the Zoning Ordinance, the City Council finds that with the incorporation of those conditions attached in Exhibit A. 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 to Zoning Ordinance. The proposed Planned Development District application for a 6-unit multi-family residential complex is in harmony with the various elements and objectives of the City of Palm Springs General Plan and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is to be located. b. The proposed Planned Development District is consistent with the applicable general and specific plans. The subject properties are designated as C-B-D (Central Business District) on the City's General Plan Land Use Map and R-3 (Large-Scale Hotel and Multiple- Family Residential) pursuant to the Zoning Map. The objective of the C-B-D General Plan Designation is to allow or conditionally permit a strong residential base in and around the downtown area. The proposed use fits within the broad range of uses typically allowed in the Central Business District General Plan and Zoning Ordinance categories. The project is consistent with the General Plan. C. The use applied for 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. The proposed Planned Development District will provide additional housing within the area and beautify the area by adding landscaping and other improvements along Indian Canyon Drive and Alejo Road. The project is in harmony with the various elements and objectives of the City of Palm Springs General Plan and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is to be located. d. The design or improvements of the proposed planned development are consistent with the General Plan. The subject property is zoned R-3 (Large Scale Hotel and Multiple Family Residential) and is designated C-B-D (Central Business District) pursuant to the General Plan Land Use Map. The project design and improvements will a beneficial improvement for the neighborhood and will be compatible with the General Plan and with the existing land uses within the vicinity. e. The site is physically suitable for the type of development contemplated by the proposed planned development. Specific development standards of the R-3 (Large Scale Hotel and Multiple Family Residential) Zone such as setback, building heights and wall heights have been contemplated. The proposed design complements the area and the proposed relief from the property development standards is consistent with development patterns within the neighborhood. This site is physically suitable for the type of development contemplated by the proposed Planned Development. f. The site is physically suitable for the proposed density of development contemplated by the proposed development. ��� Z The project has been designed to comply with the density standards of the R-3 zone. The application proposes six (6) units on a site which could allow up to 22 units by right of zone. Therefore this site is physically suitable for the proposed density. g. 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. The proposed planned development is bordered on three sides by roadways, two of which are major thoroughfares, and one of which is a private street. To address future cumulative traffic issues in the immediate area, the perimeter streets will be required to be dedicated and developed to their full ultimate half- street widths, consistent with the goals, policies and objectives of the City's General Plan. The payment of Transportation Uniform Mitigation Fund (TUMF) fees will be required upon issuance of building permits. With the above items incorporated into the recommended Conditions of approval for the project (Exhibit A), the vehicular circulation system will not be negatively impacted by trips generated from this project. The required dedication of right-of-way and improvements will provide safety benefits to the property owners and will aesthetically enhance the neighborhood. h. The conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare, including any minor modifications of the zone's property development standards. All proposed conditions of approval are necessary to ensure public health and safety, including, but not limited to, the requirements for public street improvements, landscape and wall treatments along the project perimeter and appropriate on-site lighting. i. A nexus and rough proportionality have been established for requirement of dedication of the additional right-of-way to the City and the off-site improvements as related to the Planned Development District. The conditions requiring off-site improvements which are required by City ordinances are related to the proper function of the project in the proposed location. The residents will utilize Via Colusa to access the site. Conditions of approval require full street improvements along Indian Canyon Drive and Alejo Road frontages, including the installation of improvements such as curbs, gutters and sidewalks. All of the required off-site improvements will provide direct and immediate safety benefits to the residents and owners of the proposed project and the requirements will provide for an aesthetically pleasing site for its users to enjoy. The requirement improvements are in rights-of-way immediately adjacent to the site, which must be utilized by those accessing the subject site. Transportation Uniform Mitigation Fund (TUMF) fees will be required to be paid upon issuance of building permits for the project to mitigate additional traffic generated by the project. NOW, THEREFORE, BE IT RESOLVED that, based on the foregoing, the City Council hereby approves Case No. 5.0860-PD-266 subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to issuance of building permits for the project, unless otherwise specified. ADOPTED this day of , 2001. AYES: NOES: ABSTAIN: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: ��