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HomeMy WebLinkAbout6/6/2007 - STAFF REPORTS - 2.M. a.��P A LM Sp4 ti iy c V N yY C A�/FDRH� CITY COUNCIL STAFF REPORT DATE: June 6, 2007 CONSENT CALENDAR SUBJECT: CASE NO. TTM 32378 TIME EXTENSION — AN APPLICATION BY PACIFIC COMMERCIAL CONSTRUCTION REQUESTING A ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT MAP 32378, FROM: David H. Ready, City Manager BY: Planning Department SUMMARY The applicant has requested a one-year time extension on the entitlements for Tentative Tract Map 32378. RECOMMENDATION.- Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING A ONE-YEAR TIME EXTENSION ENDING ON MARCH 16, 2008 FOR TENTATIVE TRACT MAP 32378, ZONE R3, SECTION 23." STAFF ANALYSIS. On February 28, 2007, the applicant — Pacific Commercial Construction —forwarded the request for an extension to the entitlements for TTM 32378 — a residential subdivision to be developed at 500 East Palm Canyon Drive (APN: 508-353-037 & 508-353-038). The applicant cites circumstances for delays in initiating final approvals, including delays in fulfilling the required conditions of approval due to change of ownership. On April 11, 2007, the Planning Commission considered the extension request and voted 7 — 0 to recommend the extension to the City Council. A copy of the applicant's request and the Planning Commission staff report dated April 11, 2007 are attached to this report. ITEM NO. Si�L City Council Staff Report June 6, 2007 TTM 32378 Time Extension Page 2 of 2 RECOMMENDATION Staff recommends that the Council approve the time extension based on the attached draft resolution and conditions of approval. The new expiration date would be March 16, 2008. FISCAL IMPACT: Finance Director Review: No fiscal impact. C ing, Arl homas J. Wils irect of Plannices Assistant City Hager, Dev't Svcs David H. Ready City Manager Attachments: 1. Draft City Council Resolution and Conditions of Approval 2. Planning Commission Staff Report, April 11, 2007 I Planning Commission Minutes, April 11, 2007 4. Planning Commission Resolution No. 6090 5. Applicant Letter of Request: (received) February 28, 2007 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING A ONE-YEAR TIME EXTENSION ENDING ON MARCH 16, 2008 FOR TENTATIVE TRACT MAP 32378, ZONE R3, SECTION 23. WHEREAS, Pacific Commercial Construction ("Applicant") has filed an application with the City pursuant to Chapter 9.63.110 of the Palm Springs Municipal Code for a one- year time extension to the previously approved Tentative Tract Map 32378 to allow a subdivision of Assessor Parcel Number 508-353-037 & 508-353-038 for condominium purposes; and WHEREAS, on April 11, 2007, the Planning Commission considered the request in a public meeting and recommended approval of the extension request; and WHEREAS, the project was previously approved as Categorically Exempt by the Planning Commission on February 9, 2005 and the City Council on March 16, 2005. Pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, the preparation of further environmental assessment is not necessary because the changed circumstances of the project will not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects, 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. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves a one year time extension for TTM 32378 ending on March 16, 2008, subject to those conditions set forth in the attached Exhibit A. ADOPTED this 61h day of June, 2007. David H. Ready, City Manager ATTEST: James Thompson, City Clerk 0003 Resolution No. Page 2 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California �� qj EXHIBIT A CONDITIONS OF APPROVAL CASE TTM 32378 TENTATIVE TRACT MAP PACIFIC COMMERCIAL CONSTRUCTION, INC. 500 EAST PALM CANYON DRIVE JUNE 6, 2007 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case TTM32378 — Tentative Tract Map and Case 5,1015 — Conditional Use Permit and Case 7.1153 — Administrative Minor Modification. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. This project shall be subject to Chapters 224 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 Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 5. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. The fee shall be collected by the Planning Services Department. 6. The Project will bring additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government C. Section 53311 et sec, or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $600 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. CC&R's 7. 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 Services for approval in a form to be approved by the City Attorney, to be recorded prior to approval of a final map. 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, 8. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2,000, for the review of the CC&R's by the City Attorney. A $250 filing fee shall also be paid to the City Planning Department for administrative review purposes. Additional Permits 9. An Administrative Minor Modification for relief in parking shall be approved prior to issuance of a building permit. Cultural Resources 10. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. 11. The project area has the possibility of buried resources. A Native American Monitor shall be present during all ground-disturbing activities. a) Experience has shown that there is always a possibility of buried cultural resources in a project area. Given that, a Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning Services and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b) Two copies of any cultural resource documentation generated in connection with this project, including reports of Investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to final inspection. Final Design 12. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, Department of Public Works, and Department of Parks and Recreation, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. 13, An exterior lighting plan in accordance with Zoning Ordinance Section 9321.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning & Zoning prior to the issuance of building permits. or1�7 Manufacturer's out sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of the hillside is permitted. 14, Architectural Advisory Committee shall review the final landscape plan and detail of the wall along East Palm Canyon Drive prior to the issuance of building permits. 15. Final landscape plans that detail the softening of the wall along East Palm Canyon Drive, that may include burms and rolling mounds, shall be reviewed and approved by the Architectural Advisory Committee prior to issuance of building permits. 16. The roof material shall be 2-piece tile. 17. Finish material shall be smooth, steel trawl stucco. GENERAL CONDITIONS/CODE REQUIREMENTS 18. Commencement of the Tract Map under this Tentative Tract Map shall be within two (2) years from the effective date of approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 19. The Conditional Use Permit approval shall be valid for a period of two (2) years. Once constructed, the conditional use permit, provide all conditions of approval have been complied with, does not have a time limit. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 20, The Architectural Approval shall be valid for a period of two (2) years. Once constructed, the conditional use permit, provide all conditions of approval have been complied with, does not have a time limit. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 21, Commencement of the construction shall be within two (2) years from the effective date of approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 22. If the use of the subject property is ever changed, the City reserves the right to modify or revoke this Tentative Tract Map, Conditional Use Permit and/or Architectural Approval application. 23. The appeal period for a Conditional Use Permit application is 15 calendar days from the date of project approval, Permits will not be issued until the appeal period has concluded. 24. The appeal period for an Architectural Approval Permit application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. f1���8 i i 25, 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 Palm Canyon Drive. 26. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Zoning for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 27. 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. 28. 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. 29. 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. 30. All materials on the flat portions of the roof shall be earth tone in color. 31. All awnings shall be maintained and periodically cleaned. 32. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 33. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 34. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 35. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 36. The street address numbering/lettering shall not exceed eight inches in height. 37. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title cn'�19 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. 38. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 39. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 40. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 41. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 42. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 43. 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 frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 44. The applicant shall provide all tenants with Conditions of Approval of this project. 45. Standard parking spaces shall be 17 feet deep by 9 feet wide; handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 8 foot walkway at the right side of the parking space and shall be designated as "van accessible". 46. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 47. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. 48. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 49. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements. Or�1 50. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 51. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 52. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11)feet wide. 53. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. POLICE DEPARTMENT 54. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 55. Prior to any construction on-site, all appropriate permits must be secured. FIRE DEPARTMENT 56. Access During Construction: Access for fire fighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'6". Fire department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC) 57. Fencing Required: Construction site fencing with 20 foot wide access gates is required for all combustible construction over 5,000 square feet. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. (8.04.260 PSMC) 58. Fire Apparatus Access Gates: Construction site fire apparatus access gates shall have a clear width of at least 15 feet and be equipped with a frangible chain and padlock. (8.04,260 PSMC) 59. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is required. 60. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) 61. Residential Smoke Detector Installation- Provide Residential Smoke Detectors. 62. Fire Extinguishers: Portable Fire Extinguishers shall be installed in accordance with 2001 CFC, Art. 10, and NFPA Std. 10. 63. Fire Flow and Hydrants: Fire Flow may be inadequate in this area, and a Fire Hydrant upgrade may be needed. (903.4 CFC) ENGINEERING DEPARTMENT 64. The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. 66. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 66. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 67. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any building permits. 68, The applicant shall be required to construct asphalt concrete paving for streets in two separate lifts- The final lift of asphalt concrete pavement shall be postponed until such time that on-site construction activities are complete, as may be determined by the City Engineer. Paving of streets in one lift prior to completion of on-site construction will not be allowed, unless prior authorization has been obtained from the City Engineer. Completion of asphalt concrete paving for streets prior to completion of on-site construction activities, if authorized by the City Engineer, will require additional paving requirements prior to acceptance of the street improvements, including, but not limited to: removal and replacement of damaged asphalt concrete pavement, overlay, slurry seal, or other repairs, as required by the City Engineer. EAST PALM CANYON DRIVE 69. Remove the existing 8 inch curb and gutter located 32 feet north of centerline and replace with an 8 inch curb and gutter located 38 feet north of centerline along the entire frontage, with a 35 feet radius curb return at the northwest corner of the intersection of East Palm Canyon Drive and Celle Palo Fierro in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 70. Remove the existing sidewalk and construct an 8 feet wide sidewalk behind the proposed curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210, 71, Construct a Type B curb ramp meeting current California State Accessibility standards at the northwest corner of the intersection of East Palm Canyon Drive and Calle Palo Fierro in accordance with City of Palm Springs Standard Drawing No. 213. 72. Remove and replace existing pavement with a minimum pavement section of 5 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire E. Palm Canyon Drive frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. Additional pavement removal and replacement may be required upon review of existing pavement cross-sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 73. Applicant shall remove and relocate the existing palm trees located along the East Palm Canyon Drive frontage. The applicant shall be responsible for construction of tree wells, and relocation of affected irrigation and electrical systems to the satisfaction of the City Engineer. The applicant shall be responsible for removal and replacement of the relocated palm trees with one of similar trunk diameter and height to the satisfaction of the City Engineer, if at any time within 12 months of its relocation, the City Engineer determines that the health of the relocated palm tree has failed. 74. The developer shall be responsible for the relocation of the existing marbelite luminaire located along the East Palm Canyon Drive frontage in accordance with Southern California Edison requirements. All utility lines shall be installed underground. CALLE PALO FIERRO 75. Remove the existing driveway and replace with 8 inch curb and gutter located 20 feet west of the centerline of Calle Palo Fierro and an 8 feet wide sidewalk behind the curb to match existing sidewalk per City of Palm Springs Standard Drawing No. 200 and 210, respectively. 76. Construct a 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. The centerline of the driveway approach shall be located a minimum of 100 feet north of the south property line. 77. All broken or off grade street improvements shall be repaired or replaced. AVENIDA ORTEGA 78, Remove the existing 6 inch curb and gutter as necessary in order to construct a 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. The proposed driveway approach location is in violation of Section 93.06,00 C(15)c of the City of Palm Springs Zoning Ordinance. It calls for a minimum separation between the driveway and side lot line of 6 feet. 79. All broken or off grade street improvements shall be repaired or replaced. ON-SITE PRIVATE STREET 80. Dedicate an easement with right of ingress and egress for service and emergency vehicles and personnel over the proposed private street. 81. The on-site private street shall be constructed with an inverted crown and 3 feet wide concrete ribbon gutter along the street centerline, as necessary to accept and convey street surface drainage of the on-site street to the on-site underground retention and infiltration drywell, in accordance with applicable City standards. 82. The minimum pavement section for the on-site private street and parking spaces, shall be 2Yz inches asphalt concrete pavement over 4 inches crushed miscellaneous base, from 0 inch face of curb to edge of concrete ribbon gutter on both sides of the street, with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 83, Parking shall be restricted along both sides of the 24 feet wide private street to maintain a 24 feet wide clear two-way travel way. Regulatory Type R26 "No Parking" signs or red curb shall be installed along the on-site private street as necessary to enforce parking restrictions. A Home Owners Association shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Covenants, Conditions, and Restrictions required for the development. 84. An accessible pedestrian path of travel shall be provided throughout the development, as may be required by applicable state and federal laws. An accessible path of travel shall be constructed of Portland cement concrete, unless alternative materials meeting state and federal accessibility standards is approved by the City Engineer. SANITARY SEWER 85. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. The on-site sewer system shall connect to the public sewer main with a standard sewer lateral connection in accordance with City of Palm Springs Standard Drawing No. 405. 86. If an on-site private sewer system is proposed to collect sewage from the development and connect to the existing public sewer system, sewer plans shall be submitted to the Engineering Division for review and approval. Private on-site sewer mains for residential projects shall conform to City sewer design standards, including construction of 8 inch V.C.P. sewer main and standard sewer manholes. Sewer manhole covers shall be identified as "Private Sewer". A profile view of the on-site private sewer main is not necessary if sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Plans for sewers other than the private on-site sewer mains, i.e. building sewers and laterals from the buildings to the on-site private sewer mains, are subject to separate review and approval by the Building Division. 87. Construct an 8 inch V.C.P. private sewer main across the entire on-site private street frontage located 5 feet from centerline or as required by the City Engineer and connect to the existing 8 inch public sewer main located in Calle Palo Fierro. 88. All on-site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site sewer system acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. GRADING 89. Submit a Precise Grading and Paving Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. The Precise Grading and Paving Plan shall be approved by the City Engineer prior to issuance of grading permit. a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. b. The first submittal of the Grading Plan shall include the following information a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Tentative Tract Map and/or Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 90. All existing on-site curbs, concrete, and asphalt concrete paving shall be removed. 91, Prior to approval of a Grading Plan, the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer, Richard Begay (760-883-1368), or the Tribal Archaeologist, Patty Tuck (760-883-1368), to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring. 92. Drainage sweles shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 93, A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development, A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Division with the first submittal of a grading plan. 94. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 95. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. No more than 40-50% of the street frontage parkway/setback areas should be designed as retention basins. On-site open space, in conjunction with dry wells and other subsurface solutions should be considered as alternatives to using landscaped parkways for on-site retention. 96. Drainage (including nuisance water) from the tributary area within the development, shall be directed to the infiltration drywells installed as part of the on-site retention system, to collect and percolate stormwater runoff. The drywells shall be appropriately sized to accommodate the expected daily nuisance water, as well as runoff from ordinary storm events (2-year storm events), unless otherwise approved by the City Engineer. Provisions shall be included in the Covenants, Conditions and Restrictions (CC&R's) for this development that require the routine maintenance of the on-site retention and the infiltration drywells by the Home Owners Association (HOA), including the right of the City to inspect and require the HOA to remove and replace the drywells if it fails to function, causing stagnant water to accumulate above ground within the on-site private street. The City shall be given the right, in the interest of the public's health, safety, and welfare, to order the removal and replacement of drywells in the event the HOA is non-responsive to the City's written notice, with costs to be recovered against the HOA by the City in accordance with state and local laws and regulations. 97, Direct release of on-site nuisance water or stormwater runoff shall not be permitted to E. Palm Canyon Drive, Celle Palo Fierro, or Avenida Ortega. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. 98, All on-site storm drain systems shall be privately maintained by a Homeowners Association (HOA). Provisions for maintenance of the on-site storm drain systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project. 99. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $7,271.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. 100, This project may be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating stormwater runoff, may be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. If required, such measures shall be designed and inslalled on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development (if any). GENERAL 101. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (Le. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer_ The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. 102. On phases or elements of construction following initial site grading (e.g., sewer, storm drain, or other utility work requiring trenching) associated with this project, the applicant shall be responsible for coordinating the scheduled construction with the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. Unless the project site has previously been waived from any requirements for Tribal monitoring, it is the applicant's responsibility to notify the Tribal Historic Preservation Officer, Richard Begay (760-883-1368), or the Tribal Archaeologist, Patty Tuck (760-883-1368) for any subsequent phases or elements of construction that might require Tribal monitoring. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during construction, and to arrange payment of any required fees associated with Tribal monitoring. Tribal monitoring requirements may extend to off-site construction performed by utility companies on behalf of the applicant (e.g. utility line extensions in off-site streets), which shall be the responsibility of the applicant to coordinate and arrange payment of any required fees for the utility companies. 103. All proposed utility lines shall be installed underground. 104. All existing utilities shall be shown on the improvement plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. 105. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 106. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as- built" information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 107. Nothing shall be constructed or planted in the corner cut-off area of any intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 108. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. MAP 109. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 110. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Attorney for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be approved by the City Attorney prior to approval of a Final Map. 111. Upon approval of a final map, the final map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file) ), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.LS. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC 112. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at the Calle Palo Fierro and the Avenida Ortega exits in accordance with City of Palm Springs Standard Drawing Nos. 620-625. 113. Install a street name sign at the intersection of Calle Palo Fierro and the on-site private street, as well as at the intersection of Avenida Ortega and the on-site private street in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 114. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 115. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. Minimum clearance on public sidewalks or pedestrian paths of travel shall be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the E. Palm Canyon Drive, Calle Palo Fierro, and the Avenida Ortega frontages of the subject property. 116, 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. 117. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. I I I �F pA11.t S A� ti U v+ * I c"`a•o 10P* PLANNING COMMISSION STAFF REPORT {�f FO4N Date: April 11, 2007 Case No: 5.1015 CUP, 7.1138 AMM and TTM 32378 (Time Extensions) Type: Time Extension for Conditional Use Permit, Administrative Minor Modification, and Tentative Tract Map Location: 500 East Palm Canyon Drive APN: 508-353-037 & 508-353-038 Applicant: Pacific Commercial Construction, Inc. General Plan: H 43/30, High Density Residential Zone: R3, Multi-Family Residential From: Craig A. Ewing, AICP, Director of Planning Services Project Planner: David A. Newell, Assistant Planner PROJECT DESCRIPTION: The applicant is requesting a one year time extension to the previously approved Case No. 5A015 CUP, Case No. 7.1138 AMM, and Tentative Tract Map (TTM) 32378 for an eleven unit multiple-family, two story condominium project located at 500 East Palm Canyon Drive. RECOMMENDATION: That the Planning Commission approve a one-year time extension for Case No. 5.1015 and Case No. 7.1138, and recommend to the City Council approval of a one-year time extension for TTM 32378. Planning Commission Staff Report April 11, 2007 5.1015 CUP/7.1138AMM/TTM 32378 Time Extension Page 2 of 4 PRIOR ACTIONS: On February 9, 2005, the Planning Commission approved Conditional Use Permit (Case No. 5-1015) and associated Administrative Minor Modification (Case No. 7.1138), and recommended approval of TTM 32378 to the City Council, On March 16, 2005, the City Council approved TTM 32378. BACKGROUND: The previously approved project is for a one-lot, condominium map subdivision of approximately 0,92 acres. The Conditional Use Permit and associated Architectural Approval were approved to allow an 11-unit, multiple-family residential use in the Resort Overlay Zone, as permitted by the underlying R-3 Zone designation. The Tentative Tract Map was approved to create a one lot, residential condominium map. Table 1: Surrounding General Plan Designations, zoning, and Land Uses General Plan Zoning Land Uses KE h H43/21 R-3 Hotel / Multiple-FamilyResidential h H43/21 R-1-A / R-2 Hotel / Multiple-Family Residential H43/21 R-3 Hotel / Multiple-Famil Residential H43/21 R-1-13 / R-G-A 6 Hotel / Multiple-Family Residential ANALYSIS: Pursuant to Chapter 9.63.110 of the Palm Springs Municipal Code (PSMC), there are no specific findings or determinations that need to be made to grant the time extension for the map. Chapter 9.63.110(c) of the PSMC limits all map time extensions to twelve months and that requirement is being carried forward in staffs recommendation- The applicant's letter of time extension request (received February 28, 2007) is attached for the Commission's review. The applicant has stated the reason for the time extension is to allow for more time to complete all the required conditions of approval due to a change in property ownership. If the extensions are granted, all final maps would have to be approved no later than March 16, 2008 and commencement of construction would have to begin no later than February 9, 2008. Staff has reviewed the project, surrounding area and underlying zoning regulations and. determined that no significant changes have occurred that would suggest that the project is no longer in keeping with the neighborhood or the City's development policies. The Engineering Department has modified their conditions of approval and includes topics such as the sanitary sewer, grading, tribal monitoring, repairing asphalt concrete and others. Planning Commission Staff Report April 11, 2007 5.1015 CUP(7.1138AMM/TTM 32378 Time Extension Page 3 of 4 CONCLUSION: The applicant followed all the requirements of Chapter 9.63.110 of the Municipal Code, and Sections 94.02.00(F) and 94.04.00(H) of the Zoning Code. Therefore, staff is recommending approval of a one-year time extension ending on March 16, 2008 for TTM 32378 and February 9, 2008 for 5.1015 CUP and 7.1138 AMM. ENVIRONMENTAL DETERMINATION: The proposed project is categorically exempt from environmental assessment pursuant to Section 15332 (In-Fill Development) of the California Environmental Quality Act (CEQA), whereby the proposed project is characterized as in-fill development and meets the following conditions: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The proposed project is consistent with the General Plan designation and policies. The proposed project is consistent with the Development Standards of the R-3 Zone with the approval of the Administrative Minor Modifications that give relief in the required parking. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The proposed project is within the City of Palm Springs city limits and is approximately 0.92 acres. (c) The project site has no value as habitat for endangered, rare or threatened species. The proposed project is surrounded by development, was previously occupied by a structure and is not in any designated habitat areas. The proposed project will have minimal impact to any potential biological habitats. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The proposed project would not result in significant effects relating to traffic, noise, air quality or water quality. (e) The site can be adequately served by all required utilities and public services. ��rr)°�;,3 I i i I Planning Commission Staff Report April 11, 2007 5.1015 CUP/7.1138AMM/TTM 32378 Time Extension Page 4 of 4 The proposed project will be served by all required utilities and will connect to any and all public services. The project has not changed and further environmental clearance is not necessary due to the above-mentioned conditions remaining applicable. . a / avid A. Newell' win P; P Assistant Planner Services Attachments: 1. 500' Radius Map 2. Draft Resolution and conditions 3. Letter of Request City of Palm springs Planning Commission Minutes of April 11,2007 2A. utes of March 7, 2007. Approved, as part of the Consent Agenda.. 2B. Case 3.2054 SFR - Time sion - An application by G. Mike Nichols requesting a two year time extensi coconstruct an approximate 5,409 square foot single family residence located a�'2942 North Palermo Drive, Zone R-1-B, Section 3, APN: 504-191-010, (Proiec~Pt to r: Bryan Fernandez, Assistant Planner) Approved, as part of the Consent Agenda. 2C. Case 5.1015 CUP / 7,1138 AMM / TTM 32378 Time Extension - An application by Pacific Commercial Construction Inc. requesting a one year time extension for a Conditional Use Permit and a Tentative Tract Map to construct 11 condominium units on approximately .092 acres located at 500 East Palm Canyon Drive, Zone R-3, Section 23, APN: 508-353-037 and 038. (Project Planner: David Newell) Staff indicated the expiration date for the commencement of construction is February 9, 2008 and no changes have been made to the required improvements. M/S/C (Scott/Ringlein, 7-0) To approve Case 5.1015 CUP and 7.1138 AMM, and recommend approval to the City Council for a one-year time extension for TTM 32378. D. Case 3,2879 MAJ - An application by Roger Evans to construct an pproximate 7,920 square foot warehouse building located at 4589 Sunny D s Road, Zone M-1, Section 19, APN: 680-160-036. (Project Planner: David well, Assistant Planner) David Newell, Plannl Assistant, provided background information as outlined in the staff report dated April 11, 07. Commissioner Scott referenced etter of objection which was received from an adjacent property owner relating to o or parking which has not been adequately addressed. He stated a concern with the in or parking spaces and no requirement for the rear and side-year setbacks. Commissioner Caffery noted that metal buildings which h e been previously permitted have been conditioned to include a block wall surrounding th uilding or architectural embellishments to resemble a standard building; none of which h been provided for in this project. Commissioner Ringlein concurred. Vice Chair Hochana I concurred, in addition, noting his concern with the indoor parking and future uses for building. Staff responded that parking is required to be provided on-site and does not s ify to whether indoor or outdoor. The parking has been calculated for this bull for warehouse uses. No other use such as manufacturing or commercial is allowed. 2 RESOLUTION NO. 6090 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA FOR APPROVAL OF A ONE-YEAR TIME EXTENSION FOR CONDITIONAL USE PERMIT 5.1015, 7.1138 AMM, AND TTM 32378 LOCATED AT 500 EAST PALM CANYON DRIVE, ZONE R3, SECTION 23. WHEREAS, Pacific Commercial Construction ("Applicant") has filed an application with the City pursuant to Chapter 9.63.110 of the Palm Springs Municipal Code and Sections 94.04.00(H) and 94.02.00(F) of the Palm Springs Zoning Code for one-year time extensions to the previously approved Conditional Use Permit (Case No. 5.1015), Administrative Minor Modification (Case No. 7.1138) and Tentative Tract Map 28668 located at 500 East Palm Canyon Drive, Assessors Parcel Numbers 508-353-037 and 508-353-038; and WHEREAS, on April 11, 2007, a public meeting on the application was held by the Planning Commission in accordance with applicable law; and WHEREAS, the project was previously approved as Categorically Exempt by the Planning Commission on February 9, 2005 and the City Council on March 16, 2005. Pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, the preparation of further environmental assessment is not necessary because the changed circumstances of the project will not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and WHEREAS, the Planning Commission 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. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves a one year time extension (ending February 9, 2008) of Conditional Use Permit (Case No. 5.1015) and Administrative Minor Modification (Case No. 7.1138), and recommends approval to the City Council a one year time extension for TTM 32378 ending on March 16, 2008, subject to those conditions set forth in the attached Exhibit A. Planning Commission Resolution April 11, 2007 5.1015 CUP 17.1138 AMM/TTM 32263 Time Extensions Page 2 of 2 ADOPTED this I I"' day of April, 2007. AYES: 7 Scott, Ringlein, Marantz, Hochanadel, Cohen, Hutcheson, CafPery NOES: None ABSENT: None ABSTAIN: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA wing, ,P Dir or of PI ni g Services I 5 . PACIFIC COMMERCIAL CONSTRUCTION,INC February 27, 2007 City of Palm Springs I am requesting a one year extension from March 16, 2007 to March 16, 2008 for Tentative Tract 32378 to allow for the completion of approval process of improvement plans for this project. Thank you, James Bruno President 3Z37e; (C-4•f tC"5�& 2262 Rutherford Road, Suite 103• Carlsbad, California 92008 e ep one Fax Fax • 6tate Lic.