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HomeMy WebLinkAbout21974 - RESOLUTIONS - 7/18/2007 ' RESOLUTION NO. 21974 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO 5.0842 - PD-77, SUBJECT TO THE CONDITIONS OF APPROVAL, TO AMEND PLANNED DEVELOPMENT DISTRICT NO. 77, INCLUDING A 8,380 SQUARE FOOT ADDITION TO THE EXISTING RETAIL CENTER AND THE REMODEL OF AN EXISTING PARKING LOT LOCATED AT 611 SOUTH PALM CANYON DRIVE, ZONE PD-77 (C-1), SECTION 22. WHEREAS, Maurice Refoua (the "Applicant") has filed an application for Case No. 5.0842 - PD-77 for an amendment to Planned Development District No. 77, including a 8,380 square foot addition to existing retail center and the remodel of existing parking lot, located at 611 South Palm Canyon Drive, Zone PD-77 (C-1), Section 22; and WHEREAS, notice of the public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 5.0842 - PD-77, was given in accordance with applicable law; and ' WHEREAS, on July 13, 2005, the Planning Commission reviewed and recommended approval of the proposed project to the City Council; and WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to consider Case No. 5.0842 - PD-77, was given in accordance with applicable law; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the Project, including but not limited to the staff report, all environmental data including the environmental assessment prepared for the project and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that, Case No. 5.0842 PD-77 is categorically exempt from environmental review pursuant to Section 15332 (In-Fill Development Projects) of the California Environmental Quality Act (CEQA), whereas the proposed retail and parking lot expansion meet the conditions outlined for in-fill development which is consistent with the General Plan designation Section 2: Pursuant to Section 94.03.00 of the Zoning Ordinance,the City Council finds that with the incorporation of those conditions attached in Exhibit A: Resolution No. 21974 Page 2 ' a. The use applied for at the location set forth in the application is properly one for which a Planned Development District is authorized bythe City's Zoning Ordinance. The proposed amended Planned Development District No. 77 will facilitate the revitalization and modernization of the existing retail center. The Planned Development amendment is the appropriate land use review for this development. b. The use 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 addition to existing retail center, updating of project landscaping and remodel of existing parking lot is consistent with the General Plan, zoning designations, and land use designations. The subject property is intended for retail use. C. The site is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust said use to those existing or permitted future uses of land in the ' neighborhood. The applicant is proposing the addition of 8,380 square foot of retail space and remodel of the existing parking lot with provisions for adequate parking, located at 611 South Palm Canyon Drive. The proposed addition of retail space and parking will not exceed the limits of the proposed site. d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. This portion of Palm Canyon Drive is designated as a Major Thoroughfare in the General Plan. Access to the property will be from an existing entrance on South Palm Canyon Drive and Belardo Road. There will be no impacts to traffic and circulation. The project will eliminate a point of uncontrolled access onto this Major Thoroughfare. e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety, and general welfare and may include minor modifications of the zone's property development standards. All proposed conditions of approval are necessary to ensure public health and ' safety including, but not limited to, the application of the Uniform Building Code Seismic Safety Standards, Palm Springs Municipal Code, and the City of Palm Springs Fugitive Dust Control Ordinance. Resolution No.21974 Page 3 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council approves Case No. 5.0842-PD-77, an amendmentto the Planned Development District No. 77, subject to those conditions set forth in the attached Exhibit A. ADOPTED THIS 18TH DAY OF JULY, 2007, David H. Ready, Cityga'z ger ATTEST: J qAas Thompson, City Clerk 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. 21974 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 July 18, 2007, by the following vote: AYES: Councilmember Foat, Councilmember McCulloch, Mayor Pro Tern Pougnet and Mayor Oden. NOES: None. ABSENT: Councilmember Mills ABSTAIN: None. a es Thompson, City Clerk ity of Palm Springs, California 1 Resolution No.21974 Page 4 ' EXHIBIT A Case No. 5.0842 - PD-77 611 South Palm Canyon Drive July 13, 2005 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- 1. The applicant shall reconfigure the east parking lot to contain nine foot wide peripheral planting areas containing six foot wide planting areas and shall be no less than every ten parking stalls. ' 2. 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. 3. 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 5.0842 - PD-77. 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. ' 4. That the property owner(s)and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and Resolution No. 21974 Page 5 ' 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. 5. Final landscaping, irrigation, exterior lighting, and fencing plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to initiation of site landscaping. 6. 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 priorto the initiation of site landscaping. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 7. 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 Chapter8.50 of the Municipal Code for specific requirements. ' 8. 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. 9. 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. 10.Separate architectural approval and permits shall be required for all signs. 11.An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by Department of Planning Services priorto 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. A photometric study shall be required for all parking areas, driveways and entries. 12,Pursuant to section 93.06.00 of the zoning Ordinance, the project shall comply with the off street parking requirements. This includes, but is not limited to parking lot shading and disabled parking requirements. Resolution No. 21974 Page 6 13.Compliance with ADA requirements. Stairs leading to pedestrian sidewalk on Palm Canyon will require handrails and color contrast on the stairs. A handicapped accessible route from the sidewalk on Palm Canyon. Van accessible disabled parking space with proper signage. BUILDING DEPARTMENT 14.Prior to any construction on-site, all appropriate permits must be secured. ENGINEERING STREETS 15.Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. SOUTH PALM CANYON DRIVE 16.Dedicate an additional 10 feet to provide the ultimate half street right-of-way width of 50 feet along the entire frontage. ' 17.Remove and close off the existing driveway(s) located adjacent to the subject property and construct new curb, gutter, and sidewalk to match existing improvements in accordance with applicable City standards. 18.Remove the existing driveway approach located adjacent to the existing commercial parking lot and reconstruct a 26 feet wide driveway approach, as shown on the approved site plan, in accordance with City of Palm Springs Standard Drawing No. 205. The access shall be provided with appropriate traffic striping and signage to allow for access into and out of the parking lot, as required by the City Engineer. 19.Construct Type C curb ramps at each side of the proposed driveway approach in accordance with City of Palm Springs Standard Drawing No. 214, SANITARY SEWER 20.All proposed sanitary facilities shall be connected to the public sewer system. Laterals shall not be connected at manholes. GRADING 21.Submit a Precise Grading Plan prepared by a California registered Civil Engineer or ' qualified Architect to the Engineering Division for review and approval. A PM 10 (dust control) Plan shall be submitted to and approved by the Building Department prior to approval of the Precise Grading plan.The Precise Grading Plan shall be approved bythe Resolution No. 21974 Page 7 City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Copy of signed Conditions of Approval from Planning Department. B. Copy of Site Plan stamped approved and signed by the Planning Department- C. Copy of current Title Report D. Copy of Soils Report 22.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. 23.A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan forthe proposed development. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Grading Plan. ' 24.Contact the Building Department to get information regarding the preparation of the PM10 (dust control) plan requirements. 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 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.The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 26.All stormwater runoff across the property shall be accepted and conveyed in a manner acceptable to the City Engineer and released to an approved drainage system. ON-SITE 27.The minimum pavement section for all on-site streets/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. If an alternative pavement section is Resolution No. 21974 Page 8 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. GENERAL 28.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. 29.All proposed utility lines shall be installed underground. 30.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. 31.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 certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 32. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing power pole located along the south property line meets the requirement to be installed underground. This may require off-site undergrounding of existing overhead power lines. The developer is advised to investigate the nature of these utilities, the availability of undergrounding these utilities with respect to adjacent and off-site properties, and to present its case for a waiver of the Municipal Code requirement, if appropriate, to the Planning Commission and/or City Council as part of its review and approval of this project. If utility undergrounding is deferred in accordance with specific direction by the Planning Commission and/or City Council, the record property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary.The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title ' report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. Resolution No. 21974 Page 9 ' 33.Nothing shall be constructed or planted in the public right-of-way which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 34.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 35.An existing property line is located within the proposed building.The existing parcels shall be merged to eliminate the property line, or shall be otherwise relocated from the proposed building. An application for a lot line adjustment shall be submitted to the Engineering Division for review and approval.A current Title Report and copies of record documents shall be submitted with the application for the Lot Line Adjustment. The application shall be reviewed and approved prior to issuance of a building permit. TRAFFIC 36.A minimum of 48 inches of sidewalk clearance shall be provided 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 sidewalk or shall be responsible for the relocation of all existing conduit, pull boxes and all appurtenances located on the South Palm Canyon Drive frontage of the subject property. 37.All damaged, destroyed, or modified pavement legends and striping associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 38.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. TEND OF CONDITIONS