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HomeMy WebLinkAbout5/16/2001 - STAFF REPORTS (22) DATE: May 16, 2001 TO: City Council FROM: City Engineer EXTENDED SEWER SERVICE CONNECTION TO CATHEDRAL CITY RECOMMENDATION: That the City Council authorize, upon receipt of written concurrence from Desert Water Agency, the extension of sewer service adjacent to andoutside of the City of Palm Springs to properties located at the northeast corner of Ramon Road and San Luis Rey Drive, in the City of Cathedral City. SUMMARY: The City of Palm Springs Municipal Code, Section 15.24.030, provides for the extension of sewer service to properties outside and adjacent to the City limits. In this case,the subject properties are located south of the Dream Homes area,which had initially been included within the City's Sewer Master Plan, but was subsequently excluded in the 1993 Master Plan update. This request for sewer service outside of the City represents the first proposed extension of sewer service to a high-use commercial facility. BACKGROUND: The City of Palm Springs' Sewer Master Plan, adopted on September 3, 1975, included the Dream Homes area within its boundary. At that time the area was unincorporated and considered a"logical extension"of the City. Subsequently, the City adopted updates to the Sewer Master Plan on November 17, 1993, and November 2, 1994, whereby the Dream Homes area was excluded. By that time, the City of Cathedral City had incorporated the Dream Homes area into its limits. As such, the updated Sewer Master Plan was revised and does not consider waste water flows from the Dream Homes area, nor its impact to current and future sewer facilities. By default, after excluding the Dream Homes area from the City's Sewer Master Plan, Desert Water Agency assumed jurisdiction to provide sewer service to the Dream Homes area, as its sewer service area boundaries include portions of Cathedral City westerly and southerly of the Whitewater River. Any action regarding provision of sewer service to properties located within Desert Water Agency's sewer service area require consideration by the Agency, and compliance by the property owner of any fees, conditions or requirements imposed by them. At issue is the development of the vacant property located at the northeast corner of Ramon Road and San Luis Rey Drive. Through Conditional Use Permit 99-259, the City of Cathedral City has approved construction of a 1,400 square feet fast food restaurant. Their conditional approval, as outlined in Condition 21, requires connection of the existing tenant building and future fast food restaurant to the existing City of Palm Springs sewer main within San Luis Rey Drive. That sewer main was extended into the City of Cathedral City during construction of improvements related to Assessment District 155. Al Extended Sewer Service to Cathedral City May 16, 2001 Page 2 The property owner, Mr. Sal Greene, has submitted a request to the City of Palm Springs to provide his properties with sewer service, in compliance with the condition imposed by Cathedral City. Although other properties within Cathedral City have been extended sewer service by the City of Palm Springs in the past, this development is likely to have a more significant impact to sewer facilities. The existing tenant building has a total of ten fixture units (two toilets and two sinks). Plans for the future fast food restaurant are not approved at this time, however, a review of recent permits for fast food restaurants within the City of Palm Springs shows that those of approximately twice the size had fifty-seven and seventy-one fixture units. Staff suggests, should Council approve providing sewer service for the future building, that it be limited to seventy-five fixture units. An additional overriding issue relating to extension of sewerservice to this property is the fact that sewage flow from this area is contributory of sewage flows to Lift Station Number 1. Current City policy provides for the payment of an additional $30.00 per fixture unit for new commercial development. However, as the subject property is located outside of the City limits, it is required that Sewer Surcharge Lift Station Number 1 Area fees be determined by the City Manager and approved by the City Council, in conjunction with the issuance of authorization to connect to the City's sewer system. Staff recommends that the City Manager establish those fees as twice the rate established for properties within the City limits, or $60.00 per fixture unit, consistent with the increased rate for sewer facility fees imposed on properties outside of the City limits. A final issue for Council consideration is the fact that current City policy provides for the extension of existing sewer mains to properties requesting connection or required to connect to sewer facilities available in their area. However, in light of the fact that the Sewer Master Plan does not include the Dream Homes area and the City of Palm Springs has no intention of providing sewer service to it, extending the existing sewer main further north is of no value, and would represent an unwarranted expense to the property owner. To avoid extension of the existing sewer main, staff suggests that, pursuant to Council authorization to extend sewer service, a lateral for the northerly lot be extended from the existing sewer main across the southerly lot, provided that the owner dedicate a private sewer easemet for the extended lateral. 9M_ DAVID J. BARAKIAN City Engineer APPROVED: City Manager ATTACHMENTS: 1. Resolution 2. Vicinity Map 3. Letter of Request 4. Cathedral City Conditions of Approval w A w NO SCALE Cn SUBJECT U) PROPERTY END OF EXISTING J - / 334'% SEWER MAIN J 4Z %r RAMON ROAD CITY LIMITS EXISTING SEWER MAIN OF PALM$p CITY OF PALM SPRINGS SEWER SERVICE EXTENSION ENGINEERING DEPARTMENT RAMON ROAD/SAN LUIS REY DRIVE * * VICINITY MAP cqC IFCk��P 42l* 3 SAL G3E-'NE 1695 STONEHEDGE RD. PALM SPRINGS, CA 92264 MAY 2, 2001 MR. IARCUS L. FULLED, P . E. ASS . CIVIL ENGINEER CITY OF PALM SPRINGS DEAR MR. FULLER: THIS LETTER IS IN REGARD TO XlY PROPERTY LOCATED ON THE NORTHEAST CORNER OF RAMON &: SAN LUIS REY, IN: CATHEDRAL CITY. I WOULD LIKE THE CITY OF PALM SPRINGS TO PROVIDE SETTER TO MY EXISTING BUILDING & CORNED FAST FOOD PROJECT. CATHEDRAL CITY HAS GIVEN THEIR APPROVAL TO PROVIDE SEWER FROM THE CITY OF PALM SPRINGS . I DO NEED TO HAVE MY SPACES RENTED, & YOUR KIND COOPERATION. MOST SINCERELY, SAL GREENE 21 �. RESOLUTION NO. P99- CONDITIONAL USE PERMIT 99-259 A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, APPROVING A NEGATIVE DECLARATION UNDER THE PROVISIONS OF CEQA AND APPROVING A REQUEST A CONDITIONAL USE PERMIT FOR A NEW FAST FOOD DRIVE-THROUGH RESTAURANT, APPROXIMATELY 1,400 SQUARE FEET, LOCATED AT THE NORTHEAST CORNER OF RAMON ROAD AND SAN LUIS REY, IN THE PCC (PLANNED COMMUNITY COMMERCIAL) ZONE. WHEREAS, an application to the City of Cathedral City, California ("City"), for approval of a Conditional Use Permit under the provisions of Chapter 19.08 of the Cathedral City Zoning Ordinance was initiated by Sal Greene ("Applicant"); and WHEREAS, the Architectural Review Committee reviewed and approved this application on June 14, 1999; and WHEREAS, said application has been submitted to said City's Planning Commission for decision after a properly noticed public hearing was held on July 21, 1999, September 15, 1999, and December 15, 1999; and WHEREAS, Applicant is requesting a Conditional Use Permit to construct a new 1,400 square foot drive-through restaurant, located at the northeast corner of Ramon Road and San Luis Rey, in the PCC (Planned Community Commercial) zone; and WHEREAS, the City of Cathedral City acting as Lead Agency has determined that the requested Conditional Use Permit will not have a significant impact on the environment and that Environmental Assessment 99-581 should be adopted. THE CITY OF CATHEDRAL CITY PLANNING COMMISSION DOES RESOLVE AS FOLLOWS: Section 1. The Planning Commission has considered all of the evidence submitted into the administrative record, which includes, but is not limited to the following: a) The Staff Report prepared for the Planning Commission by Rebecca Maddox, Associate Planner; b) The staff presentation at the Planning Commission meeting held on December 15, 1999; 07/ r4SO December 15, 1999,CUP99-25, .resolution Page 2 of 7 c) Public comments, both written and oral, received and/or submitted at, or prior to, the public hearing/meeting supporting and/or opposing the staff recommendation; and d) Testimony and/or comments from interested parties including the Applicant and its representatives submitted to the City in both written and oral form at, or prior to, the public hearing/meeting. Section 2. Based on the foregoing evidence the Planning Commission fends that: a) The Planning Commission found that tha proposal substantially complies with all applicable requirements of the Cathedral City Municipal Code, General Plan and Zoning Ordinance: The fast food restaurant is allowed in the PCC zone with approval of a Conditional Use Permit. With the approval and mitigating conditions, the project is compatible with the General Plan, Municipal Code and Zoning Ordinance. b) The overall design relates to the intent and purpose of said General Plan, Zoning Ordinance and to the general nature of the area in which the development is located. The new restaurant structure and remodel to the existing tenant building are located in the PCC (Planned Community Commercial) zone and will be designed to be compatible with typical desert architecture, seen throughout the Coachella Valley. The use will front Ramon Road, which is a heavily traveled arterial, and will attract motorists as well as residents of the area. c) The development provides for adequate public facilities and improvements. All public facilities as required to sustain development on the site have been or will be provided by the Applicant as a condition of approval. The project will provide a fast-food drive-through restaurant and rehabilitation to an existing blighted commercial structure. A median island will be constructed along the Ramon Road corridor for the length of the project in accordance with City standards, as well as curb, gutters and sidewalks where not already existing. Section 3. FEES, DEDICATIONS, RESERVATIONS, AND OTHER EXACTIONS 1. The current fees referenced below are merely fee amount estimates of the impact fees 'that would be required if due and payable under currently applicable ordinances and resolutions, presume the accuracy of relevant project information provided by the applicant, and are not necessarily the fee amount that will be owing when such fee becomes due and payable. Unless otherwise provided by this resolution, all impact fees shall be calculated and collected at the time and in the manner provided in the applicable ordinances and alh December 15, 1999, CUP99-255 .,esolution Page 3 of 7 resolutions and the City expressly reserves the right to amend the fees and fee calculations consistent with applicable law. Police, Fire, Facilities $150.00 per 1,000 square foot $300 & Signalization increment Fringe-Toed Lizard $100.00 per acre Exempt Mitigation Fee Master Underground $.15 per square foot $210 Plan of area under roof structure Transportation Uniform $15,757.56 per 1,000 square feet $22,060.59 Mitigation Fee or any fraction thereof Transit Development $5.00 per linear foot of frontage on $500 Fee major or arterial streets 2. The adopted Conditions of Approval for Conditional Use Permit 99-259, incorporated here, may include dedications, reservations, and exactions pursuant to Government Code Section 66020 (d)(1). 3. The City expressly reserves the right to establish, modify or adjust any fee, dedication, reservation or other exaction to the extent permitted and as authorized by law. Pursuant to Government Code Section 66020(d)(1), NOTICE IS FURTHER GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to timely follow this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project and it does not apply to any fees, dedication, reservations, or other exactions of which you have been given a notice similar to this nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. Section 4. In view of all the evidence, and based on the foregoing findings, the Planning Commission hereby resolves as follows: December 15, 1999, CUP99-25y .,esolution Page 4 of 7 a) That the Planning Commission of the City of Cathedral City, California, does approve Conditional Use Permit 99-259 and the subsequent Negative Declaration, to construct a new fast food drive-through restaurant, approximately 1,400 square feet, located at the northeast comer of Ramon Road and San Luis Rey, in the PCC (Planned Community Commercial) zone, subject to the following conditions of approval: 1. The development of the property shall conform substantially with that approved Exhibit A dated September 15, 1999, except as specifically modified by any of the conditions listed in this Resolution. 2. The development of the premises shall conform to all Ordinances, codes, regulations, policies and development design controls pursuant to the Cathedral City Municipal Code taking effect prior to issuance of any building permits. 3. Approval of the referenced exhibit is preliminary only. All final working drawings shall be submitted to the Community Development Department prior to issuance of building permits. Said plans shall include but not be limited to sidewalk/hardscape details, final landscaping and irrigation plans, order box details and standards, exterior lighting plans, trash enclosure details, signage, addressing, utility plans and raised median plans for Ramon Road. 4. This approval shall commence use within two years after final action by the Planning Commission, otherwise this Conditional Use Permit shall become null and void unless otherwise provided by Ordinance. "Commence Use" for the purposes herein is defined as the initiation and construction of the project as approved. 5. All conditions herein shall be met prior to issuance of a building permit or occupancy clearance permit as determined by the Director of Community Development. 6. No roof or pad mounted equipment shall be visible from a public street. If after construction, but prior to the approval of a final inspection, it is determined by the Director of Community Development that equipment can be viewed from the public street, a plan for screening the equipment shall be submitted to the Department of Community Development. Once approved, said screening shall be constructed prior to clearance of building occupancy. 7. The trash enclosure shall be designed so that the trash bin lids cannot be left in an open position. This can be accomplished with metal poles that restrict the range of motion for the lid, so the lid will"fall" into the closed position if left unattended. 8. If, after the operation of such uses, the neighboring residents feel that noise and loitering is an issue at the referenced property, then they may request, in writing, to the property owner and to the City Planning Department that a security guard be employed on-site during business hours. The letter shall be issued from the Ramon Lakeview Villas Homeowner's Association Board of Directors. The owner will have 30 days from the date of receipt of the letter to employ such on-site security guard. 421h �' December 15, 1999, CUP99-255 .,esolution Page 5 of 7 After six months of employment, the owner may request, in writing, that the guard's hours of employment be restricted or even eliminated. All modifications regarding this condition shall be subject to the review of the Ramon Lakeview Villas Homeowner's Association Board of Directors and to the approval of the Director of Community Development. 9. At no time shall more than four tenants occupy the existing building unless a complete parking study is completed and found to be acceptable to the Director of Community Development. 10. The order voice box shall be located as shown on Exhibit A, dated September 15, 1999, with the audible portion facing west toward San Luis Rey Drive. The system documentation shall specify the minimum watt usage, output impedance and volume. The system shall be presented to the Director of Community Development for approval prior to installation. 11. The existing wrought iron fence along the north and east perimeters shall be replaced with matching decorative block. The applicant shall request access to the wall from the adjacent property owner (Ramon Lakeview Villas Homeowner's Association) such that existing footings may be verified by a State of California registered engineer. If it is determined that the existing footings can support additional courses, then the wall shall be increased to a total height of seven feet (Administrative Variance required, to be paid by applicant). The engineer's findings must be submitted to the Director of Community Development prior to building permit issuance. Height improvements to the wall shall be completed prior to the commencement of construction of any other improvements, as to minimize the noise and dust of construction to the adjoining residences. If it is determined that the existing footings can not support additional courses, then the applicant shall submit a revised wall plan to the Director of Community Development and the Ramon Lakeview Villas Homeowner's Association for review. The Director may, at his discretion, require an amendment to the Conditional Use Permit, subject to public hearing and Planning Commission approval. Any existing space or gaps between the existing building structure and the aforementioned wall shall be enclosed by means subject to review and approval by the Community Development Director, prior to installation. -12.-The fast-food restaurant chimneys and/or cooking exhaust systems shall be equipped with high quality filtration systems so as to eliminate, as much as possible, any odors emanating from the establishment. System specifications shall be submitted to the Director of Community Development for review and approval prior to issuance of any building permits. December 15, 1999, CUP99-25; .,esolution Page 6 of 7 13. The hours of operation for uses on the property in question shall be limited to 6:00 a.m. to 10:00 p.m. weekdays and 6:00 a.m. to 11:00 p.m. weekends. 14. The proposed renovation to the existing building and any construction of a new building shall be coordinated so that the two buildings are made to be architecturally similar prior to the operation of any commercial enterprise in either building. 15. All exterior lighting shall be restricted as to not produce glare or light spill-over to the adjacent property. 16, Signage for the proposed fast-food restaurant shall be limited to one wall sign per elevation, on the south and west facades. Signs will not be allowed on the east and north facades, with the exception of window signs as allowed per City Ordinance. Monument and freestanding signs shall be of similar design and are subject to City Ordinance. 17. The drive-through canopy of the restaurant building shall be resubmitted to the Planning Commission for approval prior to the issuance of building permits. Also, a new color and materials board shall be submitted that reflects the design criteria of the Downtown Precise Plan. Encroachment Permits will be required for the following: 18. All excess driveways shall be removed and replaced with concrete curb, gutter and sidewalk. 19. Concrete sidewalks shall be installed along the Ramon Road and San Luis Rey street frontages, including access ramps, to the satisfaction of the City Engineer. 20. A raised median shall be constructed along Ramon Road, east of San Luis Rey, to prevent left turn ingress-egress to this site. The exact length and configuration and construction details shall be as determined by the City Engineer. 21. All new and existing buildings on this site shall be connected to the existing sewer 5.ystem located in San Luis Rey, which is under the jurisdiction of the City of Palm Springs. 22. All of the above improvements shall be installed and provided, to the satisfaction of the City Engineer, prior to final inspection of the building modifications or occupancy of the new building. ajW4/o December 15, 1999, CUP99-25, .resolution Page 7 of 7 Section 5. The Secretary to the Planning Commission shall certify as to the adoption of this resolution and shall cause the same to be processed in the manner required by law. PASSED AND APPROVED on this 15th day of December, 1999. 4e- Ron Sellin, Chair APPROVED AS TO CONTENT: APPROVED /AS�T/O LEGAL FORM: //,�LZGLZG ynthia S. Kinser Kendall Berkey City Planner Deputy City Attorney �IAl1 RESOLUTION NO. 20054 OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE EXTENSION OF SEWER SERVICE ADJACENT TO AND OUTSIDE OF THE CITY OF PALM SPRINGS TO PROPERTIES LOCATED AT THE NORTHEAST CORNER OF RAMON ROAD AND SAN LUIS REY DRIVE, IN THE CITY OF CATHEDRAL CITY WHEREAS, property located at the northeast corner of Ramon Road and San Luis Rey Drive, in the City of Cathedral City, consisting of Lots 333 through 336, inclusive, of Palm Springs Country Club Estates, has received conditional approval by the Planning Commission of Cathedral City for development of a new fast food restaurant; and WHEREAS, the conditional approval requires that all new and existing buildings on the property be connected to the existing sewer system located in San Luis Rey Drive; and WHEREAS, the existing sewer system in San Luis Rey Drive is a part of the City of Palm Springs sewer collection system; and WHEREAS, sewage flows from the property is contributory of sewage flows to Lift Station Number 1; and WHEREAS, the sewer service area administered by Desert Water Agency encompasses portions of Cathedral City located westerly and southerly of the Whitewater River,including Lots 333 through 336; and WHEREAS, Section 15.24.030 of the City of Palm Springs Municipal Code allows for the extension of sewer service to properties outside and adjacent to the City limits, provided that sewer facility fees equal to twice the rate established for properties within the City limits are paid. NOW THEREFORE BE IT RESOLVED by the City of Palm Springs as follows: 1. That the existing tenant building on the property located at the northeast corner of Ramon Road and San Luis Rey Drive, consisting of Lots 333 through 336, inclusive, of Palm Springs Country Club Estates, is authorized to connect to the City of Palm Springs sewer system, pursuant to payment of Sewer Facility Fees in accordance with the current Comprehensive Fee Schedule. 2. That, in addition to all applicable sewer facility fees, a Sewer Surcharge Lift Station Number 1 Area fee of twice the rate established for properties within the City limits, or equal to$60.00 for each commercial fixture unit, be established to provide sewer service to the existing tenant building located on the property. 3. That the future fast food restaurant is authorized to connect to the City of Palm Springs sewer system, pursuant to payment of Sewer Facility and Sewer Surcharge Lift Station Number 1 Area Fees as defined herein, provided that the total number of fixture units of the future building does not exceed seventy-five (75), and in that event, the City Council shall reconsiderthis authorization to extend sewer service. 0-! Resolution No. 20054 Page 2 4. That extension of the existing sewer main within San Luis Rey Drive to Lots 333 and 334 shall not be required provided that the property owner dedicate and record a private sewer easement across Lots 335 and 336 for any sewer facilities necessary to provide sewer service to buildings existing on Lots 333 and 334. 5. That, prior to issuance of a permit to connect the property to the City of Palm Springs sewer system, the property owner shall obtain and provide concurrent approval by Desert Water Agency authorizing the property to be served by the City of Palm Springs, and shall comply with any conditions required by Desert Water Agency in its authorization. ADOPTED this 16th day of May 2001. AYES: Members Hodges, Jones, Reller-Spurgin and Mayor pro tem Oden NOES: None ABSENT: Mayor Kleindienst ATTEST: CITY OF PALM SPRINGS By: City Clerk City Manager REVIEWED & APPROVED: o�jl� Z