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11/7/2001 - STAFF REPORTS (15)
Date: November 7, 2001 To: City Council From: Director of Planning & Building APPEAL OF PLANNING COMMISSION DENIAL OF CASE 5.0858-CUP,AN APPLICATION BY LYONS, WARREN & ASSOCIATES, INC., FOR A CONDITIONAL USE PERMIT AND ARCHITECTURAL APPROVAL TO ALLOW A FAST FOOD RESTAURANT WITH DRIVE- THROUGH LOCATED AT THE NORTHEAST CORNER OF SOUTH PALM CANYON DRIVE AND SUNNY DUNES ROAD, C-2 AND C-M ZONES, SECTION 23. APPEAL: The applicant,Lyons Warren&Associates,is appealing the Planning Commission's September 12, 2001 denial of a Conditional Use Permit application (Case No. 5. 0858) and architectural approval to allow a fast food restaurant with a drive through at the northeast corner of South Palm Canyon Drive and Sunny Dunes Road. Mr. Steve Schneider is the Principal in charge of the project with Lyons, Warren and Associates. The property owner is Craig Smith of Fountainhead CSG, LLC. The City Council may uphold, override or modify the decision of the Planning Commission. Upon the conclusion of the public hearing, the City Council needs to direct staff to prepare a resolution which can be considered at the November 21,2001 meeting. BACKGROUND: On September 12, 2001, by a vote of 3-2, with 2 absent, the Planning Commission voted to deny the Conditional Use Permit and the associated architectural approval application for a fast food restaurant with drive-through.A CUP is required for drive-through facilities in the C-2 and C-M zones. Architectural approval is required for the site plan, architecture, sign program and landscaping. On September 24, 2001, Lyons, Warren &Associates submitted an appeal of this Planning Commission decision to the City Council.The applicant requests that the City Council reverse the decision of the Planning Commission and that the Conditional Use Permit, architectural approval and sign program be approved as submitted. The stated basis for the appeal is that: 1) required findings in support of the project can be met; 2)the project will benefit the City; 3) the Planning Department had recommended approval of the proposed project; 4) the project meets applicable zoning ordinance provisions;5)the Planning Commission acted arbitrarily and in a discriminatory manner; and 6) the reasons for the denial supplied by the Planning Commission were inaccurate. Lyons, Warren &Associates has submitted an application for a Conditional Use Permit and architectural approval to develop a fast-food restaurant with drive-through. The project is located at the northeast corner of South Palm Canyon Drive and Sunny Dunes Road, immediately to the south of the existing Starbucks Coffee Shop and attached, vacant retail building. 144 The 0.74 acre project site is bound by South Palm Canyon Drive on the west and Sunny Dunes Road on the south. Starbucks is located to the north, a paint store borders the project site on the east, Rocky's Pawn Shop is located across South Palm Canyon Drive to the west,and One Eleven Vintage Cars is located across Sunny Dunes to the south. The easterly portion of the site contains an improved parking lot. The westerly portion of the site is vacant and is situated approximately three feet below grade, at the intersection of South Palm Canyon Drive and Sunny Dunes Road. These street side perimeters of the site are presently landscaped. The applicant proposes to construct a 2,910 square foot Jack in the Box fast food restaurant with drive through. The proposed restaurant will include indoor seating for 68, and an outdoor seating area with 16 seats. See the attached Planning Commission staff report for a complete discussion of the proposed project. The subject property was part of a development plan which was approved in 1998, The plan included Starbucks, a retail store space, and a future retail building. The proposed Jack in the Box is located on the parcel which was shown as future retail.The plan approved in 1998 was the restudy of an earlier plan, which had been denied by the Planning Commission. This plan included Jack in the Box,a gas station, a convenience market and Starbucks. In 1997,this plan was denied by the Planning Commission for a number of reasons, including two drive-through restaurants, parking and circulation issues. In reviewing the earlier Starbucks approval,staff found no conditions prohibiting a second drive -through location on this site. A number of exhibits were approved including exhibits depicting the Starbucks drive-through and an unnamed retail space, driveway access to South Palm Canyon Drive and Sunny Dunes and a pad location intended for a then unnamed Phase 2 retail user. Neighborhood meetings were held in order to obtain input on this project from interested residents and business representatives. The primary issues regarding this Conditional Use Permit were: 1) whether the drive-through use is an appropriate use for this area; and, if so, 2)whether this site can support the proposed drive-through use and associated improvements. The applicant revised the plans in response to both staff and neighborhood concerns regarding the project architecture and site plan design. The proposed project complies with C-2 and C-M zone development standards. During these meetings, some residents expressed opposition to the development of a drive- through facility at this location,stating that it is not an appropriate pedestrian-oriented use,given the village atmosphere of the downtown area. In order to address the issue of pedestrian orientation, the project was redesigned to shift the drive-through vehicle stacking lane away from South Palm Canyon Drive and toward the rear of the parcel. A covered seating area for outdoor dining, a pedestrian-oriented amenity, was also added. If the use is deemed appropriate for this location, the secondary issue becomes whether the project site is large enough to support a second drive-through facility with its associated traffic issues (e.g. stacking and circulation). The site plan has been redesigned to incorporate additional vehicular stacking on site and reduce circulation conflicts to the extent feasible. PLANNING COMMISSION ACTION The following issues were raised during the September 12, 2001 Planning Commission public hearing:the area's pedestrian orientation and village atmosphere;the addition of a second drive through facility at the site; screening and buffering of the proposed drive through and service area; ensuring that the height of the parapet walls are adequate to screen roof mounted equipment; proposed signage; the outdoor dining area; and architectural design issues. The Planning Commission denied the project after finding that: 1)the proposed site is too small to add a second drive-through facility without introducing new on-site conflicts; 2) the proposed type of use would create on-site circulation and parking conflicts; 3) previous approvals did not include discussion of the later addition of a second drive through facility and the Planning Commission would not have approved a first drive through with this information; and 4) the proposed use would alter the character of the neighborhood and might hinder proposed future resort development opportunities in the area. Director ql lanning and Building City Manager ATTACHMENTS: 1. Minutes of September 12, 2001 Meeting of Planning Commission 2. Planning Commission staff report of September 12, 2001 3. Letter of appeal 4. Resolution (to be distributed at meeting) ,���3 Page 8 of 13 Planning Commission Minutes Se tember 12 2001 i i Case 5.0858 —Application by Jack-In-The-Box for a Conditional Use Permit for a drive-through facility on property located at 694 South Palm Canyon Drive, Zone C-2, Section 23. Alex Meyerhoff, Principal Planner, reported that the proposed project is located immediately to the south of the existing Starbucks Coffee Shop, directly across the street from Rocky's Pawn Shop. He reported that the applicant proposes to construct a 2,910 sq.ft. Jack in the Box fast food restaurant(with 68 indoor seats and 16 outdoor seats)with drive-through facilities on the.74 acre site. He reported that staffs opinion is that the drive-through screen wall along Sunny Dunes is inadequate and needs to be upgraded with an undulating and varied setback with the height increased (adjacent to Sunny Dunes Road)from 3.5 ft. to 5 ft. and that the west end of the wall should connect to the building to further screen the service area. He stated that the applicant worked with staff to add the outdoor dining area to create a pedestrian-friendly ambiance. Regarding parking, he reported that the busy times for Starbucks are the opposite of the busy times for Jack in the Box, so the 45 parking spaces is anticipated to be sufficient for both businesses with the proposed redesign to accommodate the drive-through. He reported that neighborhood meetings have been held and the primary issue identified is the use of a drive- through facility at this location. He reported that the applicant has made several changes to the original plans in response to neighborhood and staff concerns. He also reported that staff has found no conditions from the original approval of the Starbucks to preclude the use of a second drive-through location; however, this question was raised at a neighborhood meeting. He stated that some attendees of one neighborhood meeting did point out that the location has more vehicular traffic than pedestrian so, therefore, the proposed use would not conflict the existing character of the area. He reported that the applicant has shown the screen wall on the south elevation at 3.5 feet but that staff is concerned regarding stacked cars and the service entry. 111a.4Y Page 9 of 13 Planning Commission Minutes September 12 2001 Commissioner Caffery recalled that, at a previous Study Session, the Planning Commission expressed strong reservations about a second drive-through facility at this location and that, when it is built, the Star Canyon/Millennium resort hotel project will increase the foot traffic in this area. Chairman Klatchko opened the Public Hearing at 4:30 p.m. Mr. Peter Dixon addressed the Planning Commission to state that he had attended a City Council meeting at which the City approved the Starbucks facility conditioned upon the subject site being utilized for retail only. He stated that his concern is that there is a perception that citizens cannot rely upon Planning Commission decisions to be enforced. He stated that he thought the area could be an extension of the downtown and that, as such, the signage could be better. He asked the Planning Commission to consider what the area will look like in ten years. Mr. Frank Tyson, President of the Historical Tennis Club Neighborhood, addressed the Planning Commission to state that there may be an initiative on the ballot in November which would prohibit drive-through facilities which the Planning Commission should consider. He stated that his vision of Palm Springs is that it stay a unique and village-like City. He said, if a drive-through facility is allowed, that the Planning Commission should research other cities such as Beverly Hills for designs which are not typical. Mr. Frank Windsor, owner of the Starbucks building, addressed the Planning Commission to lend his support to the project and to the applicant for their work with the community and staff to design a quality project for the City. He stated that the proposed project would be a welcome addition to small businesses in the area. Mr. Craig Smith, Fountainhead Development, addressed the Planning Commission to state that he does not recall any conditions which preclude the use of a drive-through at this location from the Starbucks' drive-through approval and that there have been several site plan editions, including a gas station store, but no other elevations have been created since then. He stated that there is, adjacent to Starbucks, retail space which has been available and vacant for years. He reported that the tenant market does not consider this location to be part of downtown. He reported that he understands that the nearby McDonald's restaurant is looking for a new location because its store is obsolete without a drive-through. He stated that much work has gone into this project, from the first of several meetings with the neighborhood group beginning December of 2000, Design Review Committee meetings, and work with staff. He reported that Jack in the Box corporate wants to keep the community happy and that, due to the configuration and screening, passing vehicles will not be able to see the drive-through. He stated that Starbucks has 70% of its business before 11:00 a.m. while Jack in the Box has less than 20% at the same time so the two businesses should complement each other quite well. He reported that it has been pleasant to work with a dynamic tenant like Jack in the Box that has been willing to integrate anything feasible into the project to accommodate the City and community. He stated that, in December of 2000, there were approximately 20-25 people opposed to the project and that now there remain only a few who are opposed. He reported that the proposed signage is dramatically different than standard Jack in the Box signage due to staff's requests. ins Page 10 of 13 Planning Commission Minutes September 12, 2001 Mr. Steve Schneider, project designer, addressed the Planning Commission to state that the conditioned removal of some signage (condition 26) is a surprise to him and that previous staff on the project did know that a ground monument sign would be proposed if building signage was not allowed. He asserted that the applicant has made significant concessions from a corporate standpoint. He referred to the corporate trademark and the Ninth District Court decision in Arizona allowing use of trademarks in signage but that Jack in the Box has agreed to back-lit channel letters. He stated that he has not seen conditions 5 and 17 until now and that, from a security standpoint, five foot tall walls are not ideal. He stated that condition 14 is acceptable; however, to accommodate the parapet height, the building height may need to be raised 3 to 6 inches. There being no further appearances, the Public Hearing was closed at 4:55 p.m. Director reported that the written record of the Starbucks approval includes information that Starbucks will be on one parcel with another retail space and that, on the second parcel, there will be another retail space with no other restrictions on the property. He clarified that the applicant has a legal right to apply for the Conditional Use Permit with the drive-through. He stated that staff has received several inquiries and comments from the public regarding staff"allowing"the application, but that this is a constitutional right. He stated that, regarding conditions 5 and 17, staff can work with applicant to properly screen and buffer drive-through and service area. He also stated that, by ordinance, one sign per street frontage is allowed and that applicant is asking for three. Commissioner Jurasky thanked Mr. Schneider for his cooperation. He suggested using architectural pop-outs to hide the three doors in the service area which face the street, or to reconfigure them to face one another. He also suggested that real stone material would improve the look of the building. He stated that he is sensitive to neighborhood discussions regarding drive-through facilities but that the City of Palm Springs has some of the finest looking drive- through facilities he's ever seen;that vehicle traffic is well hidden and that, as long as they are not allowed in the Central Business District, he is not opposed to drive-through facilities. Mr. Schneider was called to the podium. He reported that the sign letters will not be illuminated from all directions, only the face will be illuminated and that the color of the sides of the letters will be the same as the letters. He stated that he could, if requested, recess the letters into the wall; but that the wall surface is rounded. He reported that exterior lighting has not been designed yet. He stated that they designed the site with a pedestrian feel to accommodate neighborhood concerns which precludes moving the mechanical room doors to the back of the building but that the doors will be painted the same color as the building. He reported that moving the electrical service room is not feasible due to serviceability, ADA accessibility, and the fact that the drive- through would have to be closed in order to access in another area. He stated that the outdoor dining area requested by the community and staff caused more parking to be required and that one disabled-access space could be designated as loading as there is one extra disabled-access space. He reported that deliveries would be done early in the morning or late in the evening and should not be in conflict with business hours. M/S/C (Jurasky/Caffery, 2-3, Matthews, Raya, Klatchko dissenting, 2 absent) to approve subject to Conditions of Approval and additional staff recommendations as discussed, stone coating for / fir Page 11 of 13 Planning Commission Minutes September 12 2001 building frontage, radius removed from overhead doors, run wainscoating the entire face of wall, and allow staff to work with applicant on screenwall dimensions, parapet height, partially recessing sign on front two elevations, and landscaping. Motion was defeated. Commissioner Matthews stated that he does not support the project due to an earlier understanding that the approval of the drive-through at Starbucks precluded another drive-through facility on the site(which was, at one time,under common ownership)and that future development would be retail and not restaurant use. M/S/C (Matthews/Raya, 3-2 Caffery and Jurasky dissenting, 2 absent) to deny with findings: A. The site is busy with the existing tenant (Starbucks), making parking and traffic a problem. B. Orientation of the building is to parking. C. Parking area too congested. Date: September 12, 2001 To: Planning Commission From: Director of Planning & Building CASE 5.0858-CUP. APPLICATION BY LYONS, WARREN &ASSOCIATES, INC., FOR A CONDITIONAL USE PERMIT, ARCHITECTURAL APPROVAL AND SIGN PROGRAM APPROVAL TO ALLOW A FAST FOOD RESTAURANT WITH DRIVE-THROUGH LOCATED AT THE NORTHEAST CORNER OF SOUTH PALM CANYON DRIVE AND SUNNY DUNES ROAD, C-2 AND C-M ZONES, SECTION 23. RECOMMENDATION: That the Planning Commission approve Conditional Use Permit 5.0858, the associated architectural approval and sign program application for a fastfood restaurantwith drive-through located at the northeast corner of South Palm Canyon Drive and Sunny Dunes Road, subject to the conditions outlined in the attached Resolution. BACKGROUND: Lyons, Warren &Associates has submitted an application for a Conditional Use Permit and architectural approval to develop afast-food restaurantwith drive-through.The CUP is required for drive-through facilities in the C-2 and C-M zones. The architectural approval is for the site plan,architecture and landscaping.The project is located atthe northeast corner of South Palm Canyon Drive and Sunny Dunes Road, immediately to the south the existing Starbucks Coffee Shop. The 0.74 acre project site is bounded by South Palm Canyon Drive on the west and Sunny Dunes Road on the south. The existing Starbucks building is adjacent to the north, and a paint store borders the project site on the east. Rocky's Pawn Shop is located across South Palm Canyon Drive to the west, and One Eleven Vintage Cars is located across Sunny Dunes to the south. The easterly portion of the site contains existing improved parking areas.The westerly portion of the site is vacant and is situated approximately three feet below the street elevation at South Palm Canyon Drive and Sunny Dunes Road. These street side perimeters of the site are landscaped with turf and trees. The applicant proposes to construct a 2,910 square foot Jack in the Box fast food restaurant with drive through. The proposed restaurant will include indoor seating for 68, and an outdoor seating area with 16 seats. ADJACENT ZONING / LAND USE: North: C-2 & C-M (General Commercial Zone & Commercial Manufacturing Zone) / Starbucks Drive-Through Restaurant South: C-2 & C-M (General Commercial Zone & Commercial Manufacturing Zone) / Auto Sales East: C-M (Commercial Manufacturing Zone) /Paint& Coating Company West: C-2 (General Commercial Zone) / Pawn Shop ZONING REQUIREMENTS The proposed project is subject to C-2 and C-M zoning requirements. Development standards applicable to the subject project are as follows: Allowed/Required Proposed Building Height: 30 feet 21-9"feet Building Setbacks: Front Yard 5 feet where 10 feet from patio and abutting a street 15 feet from main building Off Street Parking: 45 spaces 45 spaces Building#1 Existing Starbucks 36 seats (1 space/3 seats) 12 Retail space, 1,472 sq. ft. (1 space/300 square feet) 5 Building#2 Proposed 84 seats 68 indoor,16 outdoor 28 (1 space/3 seats) Off Street Loading 1 space none depicted Lighting Required for Provided in parking areas Drive-through stacking 7 vehicles 10 vehicles ANALYSIS: The proposed project is a conditionally permitted use within the C-2 and C-M zones. While restaurants are permitted by right, drive through facilities require a conditional use permit. The project site is adjacent to the existing Starbucks drive-through restaurant and shares a driveway entry from South Palm Canyon Drive with the Starbucks facility. LANDSCAPING, SHADING AND SCREENING The landscape plan is sparse, does not adequately shield the drive through and service areas from view of the public right of way and does not contain the required 50% parking lot area shading. Staff recommends that additional landscaping, in the form of more shade trees and shrubs, be added to the parking lot and street frontages. 1 A.44' The drive through screen wall along Sunny Dunes is inadequate. The screen wall needs to be upgraded with an undulating and varied setback. The height should be increased adjacent to Sunny Dunes from 3.5' to 5' as measured from the top of curb, in order to provide adequate screening of the drive through and service areas.Additionally,the west end of the wall should connect to the building so as to secure the service area. Site and landscape plans should be revised to depict this separation of areas and increase in wall height. Design review also recommended a cap and pilasters on wall. These minor revisions can be achieved by staff review during the plan check process. The Design Review board concurs with this recommendation. SIGNAGE Staff has reviewed the proposed sign program. The sign program includes ten signs. These include three 5'x5' main signs (A-1, A-2 and A-3), one 4' x 8' preview board (B-1), one 4' X 8' speaker station (B-2), four 1'-8"x 3'-2"directional signs (C-1, C-2, C-3, C-4) and one 10'tall 7' x 10", permit exempt, 9' clearance sign (D-1). In staffs opinion, the proposed sign program will result in sign clutter and exacerbate existing visual pollution in the area. While the applicant is requesting three building mounted, 5'x 5'(25 square feet) main signs; given the corner location, a maximum of two main signs would be permitted. Sign A-1 provides visibility to southbound Palm Canyon Drive traffic. Sign A-3 provides visibility to northbound Palm Canyon Drive traffic. Therefore, staff recommends the elimination of sign A-2. In addition,the program appears to have an excessive number of large directional signs. Given the prominent locations of the proposed 5'x 5' building mounted main signs,staff contends that the"Entry' directional signs, C-1 and C-4, are superfluous and should be eliminated from the sign program. Lastly, signs C-2 and C-3 appear unnecessarily wide. The objective of directing patron to the drive through window and then thanking them for their patronage could well be accomplished by stacking the appropriate 1'-8" tall message cabinet, "Drive Thru" or"Thank You" above or below the corporate logo, thereby narrowing the width of the sign while maintaining the desired 4' height. Staff recommends elimination of signs A-2, C-1 and C-4 and the redesign of C-2 and C-3 to a stacked sign to reduce the width of the proposed 4'-0"tall sign from 3'-2"to 1'-7."The Design Review board concurs with this recommendation. PARKING The proposed project is in compliance with the parking code. The project includes the redesign of the existing parking area to accommodate the proposed drive through and required stacking area.The proposed projectfeatures 68 indoor seats and 16 outdoor seats,for a total of 84 fixed seats.Section 93.06.D.30 of the Zoning Ordinance requires freestanding restaurants to provide one parking space for every 3 seats, for a total of 28 spaces. A total of 45 parking spaces are required to serve all the existing and proposed uses on the site. The plan includes 12 parking spaces to serve Starbucks, 5 spaces to serve the vacant retail storefront and 28 spaces to serve the Jack in the Box, for a total of 45 parking spaces. COMMUNITY MEETINGS During the processing of the project, neighborhood meetings were held in order to obtain input on the project from interested residents and business representatives. The primary issues regarding this Conditional Use Permit are: 1)whether the drive-through use is an appropriate use for this area; and, if so, 2) whether this site can support the proposed drive-through use and associated design aspects. The applicant has made a number of changes to the originally submitted plans in response to both staff and neighborhood concerns regarding the project architecture and site plan design. The proposed project meets applicable development standards for the C-2 and C-M zones. Staff has reviewed and recommends approval of the architecture of the proposed fast food restaurant. In the neighborhood meetings, some residents expressed opposition to the development of a drive-through facility at this location, stating that it is not an appropriate pedestrian-oriented use. In order to address the issue of pedestrian orientation, the project was redesigned to relocate the drive through stacking area to the rear of the parcel. A covered seating area for outdoor dining was also added. A question was also raised as to whetherthe previous approval of the Starbucks drive-through project included a condition prohibiting a drive-through facility at this site. In reviewing the earlier Starbucks approval,staff found no conditions prohibiting a second drive-through location on this site. A number of exhibits were approved including exhibits depicting the Starbucks drive through and an unnamed retail space, access to South Palm Canyon Drive and Sunny Dunes and as well a pad location intended for a then unnamed Phase 2 user. In favor of the proposed use at this location, arguments have been made that the location is removed from the central village area of Palm Springs and that the project site is located in an area with a more vehicular, rather than pedestrian, orientation. Some attendees at the neighborhood meeting pointed out that there is little pedestrian activity in this area, and that a drive-through would therefore not conflict with the existing character of the area. If the use is deemed appropriate for this location, the secondary issue becomes whether the project site is large enough to support a drive-through facility with its associated traffic issues (e.g. stacking and circulation). The site plan has been redesigned to incorporate additional vehicular stacking on site ARCHITECTURAL DESIGN The proposed architectural design is a contemporary exterior cement plaster(stucco) building. The building is proposed to be anchored to the earth with a simulated slate tile, in a darker tone below a wainscoat with cap. The sloped roof features barrel Spanish tile roofing with US Tile Bermuda Blend 2-piece tile. Storefront door and window systems are proposed in a Dark Bronze anodized aluminum. The building employs flat roof areas with parapet walls designed to screen mechanical equipment. The parapet walls are to be designed to shield the tallest piece of mechanical equipment from view from the public right of way. The project includes an outdoor dining area along the South Palm Canyon Drive frontage to provide a more pedestrian-friendly appearance. /244 1/ TRAFFIC STUDY In response to resident concerns, a Traffic Study for the Jack in the Box Development, dated July 16, 2001 was prepared by Katz, Okitsu and Associates. The study evaluated traffic which would occur as a result of the proposed project. The study found that: 1)local roadways would continue to operate at acceptable levels of service with the proposed project;2)the southbound left turn pocket at the Palm Canyon Drive/Sunny Dunes Road intersection is sufficient to accommodate increased demand resulting from the project; 3) the proposed parking supply meets City code requirements; and 4) to assure that on-site parking is adequate to met demand, vehicle from area businesses must be prohibited from parking on site. ENVIRONMENTAL ANALYSIS AND NOTIFICATION: Pursuant to Section 15303 (New Construction of Small Structures) and Section 15332 (In-Fill Development)of the California Public Resource Code,the California Environmental Quality Act (CEQA), this project is categorically exempt from further environmental review. All property owners within four hundred (400)feet of the subject site have been notified. The public hearing notice was also mailed to all persons who attended community meetings and signed in. The City has received two letters opposing the proposed project (attached). ATTACHMENTS: 1. Vicinity Map 2. Sign plan 3. West and South Elevation Finish Schedules 4. Correspondence 5. Site Photographs 6. Resolution (Not provided) 7. Conditions of Approval � �4ly EXHIBIT A CASE 5.0858-CUP LYONS, WARREN &ASSOCIATES CONDITIONS OF APPROVAL September 12, 2001 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 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. 1a. 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 5.0858. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so,the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2. Pursuant to Fish and Game Code Section 711.4 a filing fee of $78.00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the form of a money order or cashier's check payable to Riverside County. /ied9/3 3. 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. 4. Conditional Use Permit approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 5. Final details of all property line and screening walls, including location, colors and materials, shall be submitted for review and approval by the Director of Planning and Building prior to the issuance of a building permit. Additionally, walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 993002.00.D. 6. Final landscaping, irrigation, and fencing plans shall be submitted for approval by the Department of Planning and Building prior to issuance of a building permit. A. Revisions to the landscape plan shall include additional trees and shrubs for incorporation into the existing landscaping along South Palm Canyon Drive and Sunny Dunes Road and in the parking lot to provide additional shade. The landscape plan shall also be revised to adequately screen the drive through area and related 'preview and order" menus. B. The landscape plan shall be approved by the Riverside County Agricultural Commissioners Office. C. Additional parking lot shade tress shall be required to achieve parking lot shading requirements of fifty percent (50%),pursuant to Section 9306.00 of the Zoning Ordinance. D. All landscaping shall be allowed to grow and mature in a natural form and shape and shall not be trimmed excessively. E. 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. 7. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 0.5% for commercial projects total building permit valuation. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Building and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. iu/v 8. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Building for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 9. Priorto 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. 10. 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. 11. Separate permits shall be required for all signs. 12. No sirens, outdoor paging systems or any other type of signalization will be permitted, except for approved alarm systems. 13. Not used. 14. 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. 15. 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. 16. The parking lot shall be signed to prohibit area businesses from utilizing the parking area. 17. A revised wall and screening plan shall be submitted and approved by the Director of Planning and Building, prior to issuance of a building permit. The drive through screen wall along Sunny Dunes shall be upgraded with the setback varied, the addition of cap and pilasters, the wall height increased adjacent to service side of building and the service area completely closed off and separate from patio area. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 18. The street address numbering/lettering shall not exceed eight inches in height. % An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning &Building prior to the issuance of building permits. A photometric study and 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. Parking lot light fixtures shall not exceed eighteen (18) feet in height from grade to top of fixture. 20. Not used. 21. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 22. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 23. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 24. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s)of the project. Said transformer(s)must be adequately and decoratively screened. 25. Loading space facilities shall be provided in accordance with Section 9307.00 of the Zoning Ordinance. Said facilities shall be indicated on the site plan and approved prior to issuance of building permits. 26. The applicant shall revise the sign program and eliminate signs A-2, C-1 and C-4 and redesign signs C-2 and C-3 to a stacked sign to reduce the width of the proposed 4'-0" tall sign from 3'-2" to 1'-7." 27. 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. 28. 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. 29. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. 30. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 31. 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. 32. Compact and handicapped spaces shall be appropriately marked per Section 9306.00C 10. 33. 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. 34. All patio covers shall be maintained and periodically cleaned. ENGINEERING DEPARTMENT: STREETS 35. Any improvements within the street right-of-way requires a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. PALM CANYON DRIVE SOUTH 36. All broken off grade CURB, GUTTER,AC PAVEMENTAND SIDEWALK shall be repaired or replaced. SUNNY DUNES ROAD EAST 37. All broken off grade CURB, GUTTER,AC PAVEMENTAND SIDEWALKshall be repaired or replaced. SANITARY SEWER ook41*7 38. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. GRADING 39. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 40. Submit a Grading Plan prepared by a Registered Professional to the Engineering Department for plan check. Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Department. Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Copy of Planning Department comments regarding the grading plan. B. Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. E. Copy of Soils Report, IF required by these conditions. 41. 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. 42. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 43. A soils report prepared by a licensed Soils Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site. A copy of the soils report shall be submitted to the Building Department and to the Engineering Department along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. J2 A A 44. Contact the Building Department to get PM10 requirements prior to request for grading permit. 45. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving an engineered grading plan and the export of native soil from the site will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent to Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1)or a verbal release from that office priorto the issuance of the City grading permit. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 46. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure. On-site retention/detention or other measures approved by the City Engineer shall be required if off-site facilities are determined to be unable to handle the increased flows generated by the development of the site. Provide calculations to determine if the developed Q exceeds the capacity of the approved drainage carriers. 47. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is$9,212.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. ON-SITE 48. The minimum pavementsection forall on-site parking areas shall bet-1/2inch asphalt concrete pavement over 4-inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction OR equal. The pavement section shall be designed, using "R" values, determined by a licensed Soils Engineer and submitted with the Fine Grading Plan to the City Engineer for approval. 49. The on-site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00. 50. Adjacent auto related business parking shall be prohibited from parking on the project site. 1 = 414 GENERAL 51. Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional inch. See City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. 52. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. 53. All existing utilities shall be shown on the grading plans. The existing and proposed service laterals shall be shown from the main line to the property line. The approved original grading plans shall be as-built and returned to the City of Palm Springs Engineering Department prior to issuance of the certificate of occupancy. 54. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Standard Drawing No.203. 55. 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. TRAFFIC 56. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants, and other above-ground facilities for handicap accessability. 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 traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the PALM CANYON DRIVE SOUTH and SUNNY DUNES ROAD EAST frontages of the subject property. 57. 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 OF WORK ZONES' dated 1996, or subsequent additions in force at the time of construction. 58. This property is subject to the Transportation Uniform Mitigation Fee based on the STAND-ALONE FAST FOOD RESTAURANT ITE Code A land use. J07JO OWED POLICE DEPARTMENT: 59. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT: 60. Prior to any construction on-site, all appropriate permits must be secured. FIRE: 61. Premises Identification:Approved numbers oraddresses shall be provided for all new and existing buildings in such a fashion as to be plainly visible from the street or road fronting the property. 62. Vertical Fire Apparatus Clearances: Palm Spring Fire Apparatus require an unobstructed vertical clearance of not less than 14'-6". 63. Construction shall be in accordance with the 1998 California Fire Code, 1998 Building Code, Desert Water Agency requirements, NFPA standards plus UUCSFM listings and approvals. 62. Fire Department access shall be in accordance with the 1998 California Fire Code. 63. A portable fire extinguisher and a domestic water hose equipped with an adjustable spray nozzle shall be provided covering all areas of combustible construction. 64. A Commercial H-2 type Fire Hydrant is required. Installation shall be in accordance with Desert Water Agency engineering standards and requirements. 65. A fire sprinker system with 24 hour monitoring is required in accordance with NFPA Pamphlet 13. 66. Portable fire extinguishers shall be installed in accordance with the 1998 California Fire Code and UL-300. 67. A ventilating hood & duct system is required in accordance with NFPA 17A and 96 plus UL-300. 68. A hood & duct fire extinguishing system is required per NFPA 17A, 96, and UL-300. 69. A fire alarm system is required per NFPA 71, 72, and 760. 12421 70. Flame retardant treatments and standards shall be in accordance with the 1998 California Fire Code and 1998 California Building Code. 71. Floor level exist signs are required. Signs shall be internally or eternally illuminated orself luminous. The bottom of the sign shall not be less than 6'or more than 8'above the floor level and shall indicate the path of exit travel. Sign locations shall be determined by the fire inspector. 72. Floor wall ceiling coverings: Textile floor, wall and or ceiling coverings shall meet the requirements of the 98 CFC and 98 CBC. Submit critical flux data, certificates and listing to the Fire Inspector. 73. Business Hour Unlocked Sign: Provide a sign with V high letters stating"THIS DOOR TO REMAIN UNLOCKED DURING BUSINESS HOURS."Poston door directly above doorway. � �� ZZ VICINITY MAP RN10N ROitD A N.T.S. SUNNY DUIJCS RO D S LOG�iTION Z N, RNCRSIDC ORNC z 6 '� MC50Uli"C MCNUC CAU.0 CHIA zvneccc :J 0 f'ROP�RrY CITY OF PALM SPRINGS CASE NO, 5.0858 DESCRIPTION APPLICANT Steve Schneider/ Lyons, Conditional Use Permit for Warren, & Associates Drive Through Restaurant (Jack-in- the-Box) 15e07x n KEY O 4 •• Al S/FINTERNALLYILLUMINAT INDMDUALCHANNEL LETTERS A 3' 17 ••O j; (APPROX.SIGNAREA 5'-PXTV)(H4CKINTAEBOX'2. N @ U INTERNALLYMMINATED INDNIWAL CHANNEL LETERS (APPROX.SIGN AREA,5'-0'X S'-0�HTACKIMHEBOX7. O 6' E&ISTINGBUILDING OS/F INTERNALLY ILLUMINATED INDMDUAL CHANNEL LETTERS o� (APPAOXSIGt4ME.5'-0'X5'-O')P'UACKINTNEBOXJ. Eo R �' 81 S'FIMERNALLYII.LUMINATED PBEVIR9BOMp.4'-0' XB'-0"CABINET@5'A'OVERALLHBGHT ¢ SIP INTFANPILYILLUMMATED SPEAI(ER STABON.4'-0` r- •• XB'-D'CABINEE@ T-8-OVERALL HSGHT. b � p = h .. QD/F INTERNALLY ILLUMINATED DIRECRONALSIGN I'A' (fN --- X3'-2-CABINET @ 4--0-OA HE('ENTER'). G¢� OD/FINTEANALLYILLU&IIMMDIREGEONALSIGN.1'A" Z X3'-2'CABINET@4'-0'OA.HT(TIPNKY U/ ONLn. • '-'� --��Z ::,:.�,-:. - C3D/PINTERNAILYILLUMINATED MOTIONAL SIGN 1W X3'-2'CABINET@ 4'A'O.A.H(('pRMTIHRU�. ®D/PINTEHNALLYILLUMINATEBDIRECDONALSIGN.1'A' K � :� X3'-2'CABINET@4'-O'DANi.('ENTER'), om h ¢ ;• � MKS �••:::;':;: _ " o Tm rose TPANE ILW MDI'NOVERALL HEM H.(SlGARP.FIAPX?TN-T REQUIRED). _ d ¢ m k,4) P Y A3 O RECEIVED a MMIB7-•': - JUN 14 2001 zAc ................. :•:ra>::::;Hi :. ?.< : i`:::>; d®b� 1 PLANNING DIVISIONfit �s� a . . ................. wu a4,�wm wuarwx¢wx % xmrxxww otiM��r+� ® �^� SUNNY DUNES ROAD SITE 1'PLAN a � z ha SCALE =30'-P 0 y i 42 0m Y y y � y a m rm- C b m d, y • Y O Z = C _ �i \ S l a m xi 0 C C Y C r1 P ©2000 CNP JACK IN THE BOX w" Gi-200 2 of 7 m.mnw 0 CNP.r.. '^°"i°NMiOin""N"�"°" 1P°' PALM SPRINGS,CA 00000 —5.7-01 xxe NOTED A4q+MRp�M1MMMINIIm GAI IFOR MNEON PROONOTS ITY Mtl�I}�h ve/T'nwww TAMAR GLOVER �BRBENT GERMAA MIIM wln W I aY nAl�i mwJ w IS])NY4.Ony P/v.L.l)IT.G Nfaa tlla�IW[✓N�n NRx YelgAwcryf)1]l3dlfL Pm(4))SIYlSa3 0 ? m 1 m n m � o = 6 c C � C II C cnp ©PGOO CNP m.aur..,.eW CNP„a„ JACK IN THE BOX ��01-200 � 3or7 n"�tl° wx�. "`"'� PALM SPRINGS,CA '��00000 57-01 NOTED Mecw PM a.M..w�ryxm`an unR cwForsnu Neon Paooucrs e✓s.nmxmm..�»um TAMAR GLOVER �ROEERTGERMAR ILI NI�bn(Mpl4n Sw IWRSG)]UO w�s✓I^iYJ oe.�m.,=..aa rw�x..�(ail>ii->Lt ro.rytpludf03 ^'�'' ` o � 4 � GENERAL INFORMATION SIZES: 5•z5' (1B'R'LEI ERS) o E C MATERIALS: CHANNEL LETTERS:ACRYLIC FACES A EE TRIM CAP,METAL RETURNS PERIMETER BORDER: ACRYLIC FACES i INTERIOR RETURN, fi"BEEP ILLUMINATED w METAL EXTERIOR RETURN - - - CHANNEL LETTERS (RED FACE,WHITE METAL RETURN, COLORS: - ", FORMED WHITE LEKAN BACK) g LETTERS: _ - BUCK TRIM CAP FACE:JIB RED TRIM CAP:BUCK RETURNS:WHITE ' BOBBER: - - FACE d RETURNS:JIB RED y ILLUMINATION:WHITE NEONBUILDING- 19. FACE $ / E p NOTE: ELEVATION(SIDE) ELEVATION(FRONT) z 6eF ALL LOGO WALL SIGNS oT I SHALL BE CANTED ATI4 let AT ® A3 CHANNEL LETTER LAYOUT SE scue. 12•=r-0� 0 3� �4 luloo sI-u ■ ■ o SU6 TOP VIEW TOP VIEW T" 7" w S! Eo i i Q s - fs g x < 0 0 r ? o z d ElEYA71ON(FRONT) ANCHOR BOLT ANCHOR BOLT a FOOTING BY G.C. ELEVATION(SIDE) ELEVATION(FRONT) FOOTING BY G.C. ELEVATION(SIDE) pp SIZE: COLORS: SIZE: COLORS; E i'-D"x B'-O"x5'-P"(GRADE TO TOP) CABINET:JIB BLACK 1'.D"x 8'.0"x5'-8" GRADE TO TOP) CABINET JIB BLACK gp ggn SUPPORT.JIB BLACK MATERIALS: 2 r MATERIALS: ( SUPPORT:JIB BLACK A POLE:'OtIA•FRAZEE"COFFEE NCREAM" POLE COVER.FMZEE"COFFEE NCREAM" z gg FACE:U.V. GRIDS BONATE OVER TILES:"pUARRY" FACE: U.Y. GRIDSRBONATE OVER TILES:"QUARRY" JIB MENU GRIDS JIB MENU GRIDS 8 fig T SUPPORT ESQUARETUBESTEEL ALUMINUM CABINET EXTRUDED ALUMINUM n $ SUPPORT ON: FLUORESCENT SUPPORT: SQUARE TUBE STEEL ©ggFy g ILLUMINATION: FLUORESCENT ILLUMINATION: FLUORESCENT 8fS� POLE COVER ALUMINUM TEXCOTE POLE COVER:ALUMINUM TEXCOTE d A a PAINTED TO MATCH BUIDLING.ACCENT PAINTED TO MATCH BUIDLING. ACCENT TILES I2"X12"TO MATCH BUILDING. TILES I2"X12"TO MATCH BUILDING. PREVIEW BOARD el ez S/F SPEAKER STATION atl SC,LLE 12'=T-0' 0 M SCF1E 1/2'=1'-0' C p i i Uz jX^Jbn s � � z X'2�y 3 21_ , I I I I ^ �V x�W 4 O® e G3 ff� A¢5 Sore e^ x 3'-2'CABNET m � o CABINET MATERIALS: a s J ili r+ BACKG110UND SIGN FACE U.VPOLYCANBONATEWFEH cya ME WHENFREARONTTEE FORh1E0 PAN ANp FOAMED LOGO i a 0PApUEWNEN FACE(WHEN USED) T EACKLR CAMNEE E(DIUDEAWMINUM POLE STRUCTVIMISTEELPIPE FORMED LOW WRETURN EGGECOLORS: 5 AWMIJNUMRBAGETEXCOTE SIGN FACE(HEM):JIB RED #g{EI as PANTBDTOMATCHFIUSEE LETTERS:WHITE z SIGN CABINET.JM BIACK U qq PAPIT'COFFEENCREA&P 6 sg O #n61M(TO MATCH SWG.) PoIE JIB BLACK ACCENTTRES 12x12'GUARRY 3 i6 TRETOMATCH. ILLUMINATION: FLUORESCENT SIDEW TYPICAL SIDE ELEVATION D/F DIRECTIONAL SIGNS 03 SCAlE 12 =1'-0 c�� C s� U � � EXANCLUSXNCE SIGN E� Ag i INUCKSMELPMLE 4 INIf OFCM UNC g HEIGIRMFCIFA-THRUFGN 9 TO MATCH MRWETHflU FASCIA CEMIER OF FM y TO MICE OF Wfll TOP OF FOOTING E reeovETararcuRe 55 <-1'4'A I'-0•CONCSETE FOOTING DXWE-THFW GRADE Ei WTIHANCHORIIOLTMAMMENT z SA T2'Ail'ANCHORIOLTI UPPERASSEMILYTOIE FDGOO IN PLACE,IUTWILL ROEIFCRIUCKWRHPMRCE H �:RR IEGNSIGNIMPENDEOMOMCADS34ARTM 2 AMM HEIGHTINOICAIOATO VEHICLES. OS/F HEIGHT DETECTOR w Ei scAle 12•=1w• � p� V i 21'-6" ••�` 13'-2" • a 1 '- - PALM SPRINGS, CA visa" - E EEas LW B C E C A E 44 A LYONS,WARREN&ASSOCIATES,IN( W E S T ELEVATION S C A L E 1 / 8 " = 1 - 0 „ 10731 h.ma Bired.Wu 791 Sm Dlgp.CA 92131 Telephone(658)578-8380 Fax(85B)695.8 EXTERIOR FINISH SCHEDULE ._ FRAZEE PAINT#7762W WESTERN SAND FRAZEE STAIN #M426 - M426 Sycamore ROOF TILE FRAZEE PAINT#7764M COFFEE N CREAM US TILE SERMUDA BLENRE F-E,] Ch FANNING DIVISION C DALTILE"LOT70-FR24" FRAZEE PAINT#7761 W NUTMEG DUST rj Ogs 3 6 q _ t 4 1 A E A SOUTH ELEVATION SCALE: 1 / 8 " = 1 ' - 0 " EXTERIOR FINISH SCHEDULE LWENGINEEns A FRAZEE PAINT#7762W WESTERN SAND LYONS.WA N&ASSOCIATES,INC. mnl T.SnWU.ztt S..Di.G..(X92J3I-IDtl FRAZEE PAINT#7764M COFFEE N CREAM Telephone(858)5 8-8380 Fax(858)695-8961 —"-- " FRAZEE PAINT#7761W NUTMEG DUST ROOF TILE SUNNY DUNES ROAD US TILE BERMUDA BLEND 2-PIECE PALM SPRINGS,CA M426 Sycamore FRAZEE STAIN#M426 Frankfe Brown Home Museum P.O.Box 8251 Palm Spnngs CA 92269-G251 470 (ft/tv A4Fin 760 •313 6067 M,ry 9, 3QQ/ �o�r �/ .Sv ll ►t/AN �C-p 'r o F nL�N�►.Ny C iTy o F (�,�[►� �'P�►was RECEIVED P, 0 . 0 7//3 MAY 1 1 GOl paCm ►et%a?s, CA A PLANNING DIVISION Aso LmT-ly Mb J14 C I'N- T4El3ok 40,RMAUrEw to ,-- C ',Ty cook n[G 1 h"gvE Tim FF c p�4N `r447- �Ro�cTS (?/fIIt 16,,4ZO /-i �1ekon t'AjckE141' �6 R,gF`,L To jt�N a/ Fieo F- pteofD o s Ed �A F1 , ThI /Af C(e VA S - A( 7-7,14F-f--t'c_ I�/1o12 � P PCRS who ,wovkd "okmA-LG`l �le/ v� ilv w; t L /4 so �IeiN9 4 lNcre�Hs� N Noisk poul'(di'N7 6Afs s p E2� i N M4N y C,4P, ' w -rh/47- klNc( o F SCP Vic c. cl y v� os yea 6 L C,t1� y �IV �E PfFs7- /40IU7�s -61y rnoa7-l� �oNs, - Lid , N c��s p�SSIlvy My tio�s� l%UCkP-4siEb Peom 02 pCA uwcck To ao Proposed Jack in the Box Restaurant Palm Canyon Drive Palm Springs, CA • Existing Site Photographs IC I 111 GEC 14 D r)9 ANNING DIVISION PHOTO LOCATION DIAGRAM PALM CANYON DRIVE & SUNNY DUNES ROAD PALM SPRINGS, CALIFORNIA JULY 26, 2000 J.1.0, RESTAURANT NO. 3583 3 6 .0 n p2 0 Z <-- 8 m SUNNY DUNES ROAD 2 � a SCALE 1 "=60' , s �.u'YxSa I z fl al 2�e IT 7 tYe i r'i< z 5 z,rFr t 14. v. d,r 1 � 1 1 4 5 1i w F J. 9P. i i - — 1 V ;�"""�a zt t a'iRf'M r risk Ps-9eaM S,o85 8' Ilk _ 4 �i rr , . � r Ir vin r. Yqh. !d, y� r&�nj dy �I) �✓"'�qi 'e��" I •.c, S r�p�, y ..T��`S Y yh Y� r, ;rf(mix lJil 1 ,�Jr {may i r✓ L�i .� �51 �M�1 ' �.rn 1Pv hZ-xmi'Tt.te.�[r6S'C.�e.•..sia®t _ .:�-. �_ - �1�f•,lr��11YLs �. ' 'n• A milt TF� f I 4 � ♦ Py '�y ( ° i �l� r�i a uu lR.vL� �.J`• � � N O i ',r�-x-- � !q>� �.���• !� �roc "'�� •^''mp^(.."' �. � �I { w ^ ',, se 31 -•F r fir , � ; It a ij J 1LJWA STRUCTURAL ENGINEERS Established LYONS,WARREN&ASSOCIATES,INC. 1979 September 21, 2001 City of Palm Springs P SFp 24 20�I 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 ANN/N�j'D Attn: City Clerk ��lSI�N Please find attached a Notice of Appeal from the Denial of the Application for a Conditional Use Permit by the Planning Commission of the City of Palm Springs. (Case 5.0858-CUP) Please schedule this appeal for hearing before the City Council of the City of Palm Springs at the earliest available date. Sincerely, ZeidjSte n P. ScE. u Principal 9455 Ridgehaven Court,Suite 200•San Diego,California 92123-1649 •Tel.(858)573-8999 •Fax(858)573-8998 •LWA@l�U;;rre D Notice of Appeal From the Denial of the Application For a Conditional Use Permit by the Planning Commission of the City of Palm Springs September 21, 2001 Appellant: Steve Schneider Lyons Warren&Associates, Inc. 9455 Ridgehaven Court, Suite 200 San Diego, CA 92121 (858) 571-8999 To : The City Council of the City of Palm Springs Action Appealed From Denial of case 5.0858-CUP, Application by Lyons, Warren&Associates, Inc., on behalf of Jack in the Box, Inc., for a conditional use permit, architectural approval and sign program to allow a fast food restaurant with drive-through located at the northeast corner of south Palm Canyon Drive and Sunny Dunes Road. Grounds for Appeal: The Planning Commission abused its discretion in denying the Application for Conditional Use Permit for the following reasons: a) The project, as proposed, meets the finding requirements of section 9402.00 of the zoning ordinance. b) The project as proposed will benefit the City of Palm Springs. c) The Planning Department of the City of Palm Springs recommended approval of the application. d) The project as proposed meets or exceeds all applicable City of Palm Springs Zoning ordinances for the C-2 and C-M zone. e) The Planning Commission acted arbitrarily and discriminatorily when it denied the Application. f) Reasons for denial given by the Planning Commission were either non-applicable or inaccurate based on the facts of the application. /aA � Relief Sought: That the City Council for the City of Palm Springs grant this appeal, that the decision by the Planning Commission to deny Case No. 5-0858-CUP be reversed, and that the Application for Conditional Use Permit, Architectural Approval and Sign Program to allow a fast food restaurant be approved as submitted. Steven P. Schneider, S.E. Principal Lyons,Warren&Associates, Inc. PROOF OF PUBLICATION This is space for County Clerk's Piling Stamp (2015.5.C.C.P) j't 9 v 4.11: (1's f, STATE OF CALIFORNIA - - - County of Riverside No.9703 CITY OF PALM SPRINGS NOTICE OF PUBLIC HEARING CITY COUNCIL Appeal of Planning Commission Denial of Case No.6.01 a Conditional Use Penal for a fast food restaurant with drive-through and the as- sociated architectural and sign program apply cation, located at the real, corner of f am a citizen of the United States and a resident of South Patin Canyon Drive and Sunny Dunes the Count aforesaid;I am over the age of eighteen Road, y• , g g Zone C-2 and C-M, Section 23 years,and not a Party to or interested in the Anil...1: Lyons, Warren &Associates above-entitled matter.I am the principal clerk of a NOTICE IS f Palm GIVEN that the City Council a printer of the,DESERT SUN PUBLISHING of me any of Palm is meeting California,ofNwho had , COMPANY a newspaper of general circulation, pp001 hearing Y at un it e etin of begins al, 7 0 2001 The City Council meehnq be Ins al 7:00 printed and published in the cityof Palm Springs,np.m. tin the Cay Council chamber al City Hall, 3200 E Tahquhlz Canyon Way. Palm Springs, County of Riverside,and which newspaper has been California adjudged a newspaper of general circulation by the The purpose of the healing ha to consider an as, of a Planning Commission denial of a candy Superior Court of the County of Riverside,State of tior l use permit for a fast food restaurant with a drive through and related architectural and sign California under the(late of March 24, 1988.Case program application Number 191236;that the notice,of which the -- annexed is a printed copy(set in type not smaller than non panel,has been published in each regular �4_,.:� �S and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: m October 27th -----------------'---------------------------- f\� — - All in the year 2001 - -env of PALM sanlNoe _ I certify(or declare)under penalty of perjury that the Pursuant to Section 15303 of the(,New Constme- foregoing is true slid correct. Von of Small Sanctums and Section 15332 (In-Fill 29th Development) of the Pub11C Resources Cade, the California Envnonmental Quality Act FEQA), this Dated at Palm Springs,California this--------------day project Is categorically exempt from PPut hei envi- ronmental review October The proposed application site plans, elevations of------------------------------------ 2001 and related documents are available for public re- view daily, between 8 an and 5 pm at the C11v of ! Palm Springs- m the Planning and Building Oe- i parlment, located at 3200 Tahquitz Canyon Way J_________ If spy issuesuea of group challenges the only those In coati, issues raised may be Tearing to only tease Slgllatlll'e issues raised rn irr palette hearings de,or m .his notice or m canon treating ondence�¢-or pri- ar to the Commission meeting Notice of Public Hearing Is being seat to all prop- erty owners within four hunched (400) feet of the subject property An appoCundy will be given at said heahmgs for all mtehested persons to be heard Questions hegarding this case may be di- rected to Alex Moyerhoff, Principal Planner, De- partment of Planning &Building, (760) 323-8245 Patricia A Sanders y "cr r �, zany 'F 508 171 008 ��— John Polos &Kathe Pol'os PO Box 1400 Big Bear Lake, CA 92315 SON 00;'9 6E f 1. 'rir�7r ;a'r;,'_.� .,_ �,.. _ ors 2 ,.z,•, "_.. `I - `r:,c- 9 92z6' rid' / ���.!.. ---•:,. f r�, � sfY s . n .",. $�s e, 27 OCT c., 92�� !Ue �,-, Oj •rt JUii 1bL V1V ��;➢ � Steven Lowe G TO, 447 Cerrillos Rdra Santa re-__M4.87-5ADI 1p y'- -- --- - - — Luwt�+ +i� diso.t�a:�s shoo i❑ iis FORWARD TIME EXP RTN TO SEND LOWE PO BOX R79 UC.St.HI RVI :3 F+H LIVIi.S l:H �dHU- if AFFIDAVIT OF MAILING NOTICES I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing before the City Council of the City of Palm Springs,in conjunction with Appeal of Planning Commission Denial of Cs. 5.0858, a Conditional Use Permit for fast food restaurant with drive-through at S. Palm Canyon Dr. and Sunny Dunes Rd., applicant Lyons,Warren&Associates,was mailed to each and every person on the attached list on the 26th day of October,2001. A copy of said Notice is attached hereto. Said mailing was completed by placing a copy of said Notice in a sealed envelope,with postage prepaid,and depositing same in the U.S. Mail at Palm Springs, California. I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 26th day of October, 2001. C• - � PATRICIA A. SANDERS City Clerk NOTICE OF PUBLIC HEARING CITY COUNCIL Appeal of Planning Commission Denial of Case No. 5.0858, a Conditional Use Permit for a fast food restaurant with drive-through and the associated architectural and sign program application, located at the northeast corner of South Palm Canyon Drive and Sunny Dunes Road, Zone C-2 and C-M, Section 23. Applicant: Lyons, Warren &Associates NOTICE IS HEREBY GIVEN that the City Council the City of Palm Springs, California, will hold a public hearing at its meeting of November 7, 2001. The City Council meeting begins at 7:00 p.m. in the City Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California. The purpose of the hearing is to consider an appeal of a Planning Commission denial of a conditional use permit for a fast food restaurant with a drive through and related architectural and sign program application. Pursuant to Section 15303 of the (New Construction of Small Structures and Section 15332 (In-Fill Development) of the Public Resource Code,the California Environmental Quality Act(CEQA), this project is categorically exempt from further environmental review. The proposed application site plans, elevations and related documents are available for public review daily, between 8 am and 5 pm at the City of Palm Springs in the Planning and Building Department, located at 3200 Tahquitz Canyon Way. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearings described in this notice or in written correspondence at or prior to the Commission meeting. Notice of Public Hearing is being sent to all property owners within four hundred (400) feet of the subject property.An opportunity will be given at said hearings for all interested persons to be heard. Questions regarding this case may be directed to Alex Meyerhoff, Principal Planner, Department of Planning & Building, (760) 323-8245. Patricia A. Sanders City Clerk v. VCIN7Y MAP RAMON ROM N.T.S. XJNfW cnr, WN[5 ROM LOCATION N, RNCRgIDC ORNC Za �b Y1 MCSOUIrC MCNUC CIVIC G/NA � �� IIIIIII �\ PAPGC4 z ( SUNNY DUNCE 1POAD �1 + — P,POPEk'TY CITY OF PALM SPRINGS CASE NO, 6.0858 DESCRIPTION APPLICANT Steve Schneider I Lyons, Conditional Use Permit for Warren, & Associates Drive Through Restaurant (Jack-in- the-Box) 5 PDWSOR lf-QC—LS Fountianhead CSG, LLC Fountianhead CSG, LLC Attn: Craig Smith Attn: Craig Smith 4301 Birch St., Ste. #7 4301 Birch St., Ste. #7 Newport Beach, CA 92669 Newport Beach, CA 92669 Fountianhead CSG, LLC Fountianhead CSG, LLC Fountianhead CSG, LLC Attn: Craig Smith Attn: Craig Smith Attn: Craig Smith 4301 Birch St., Ste. #7 4301 Birch St., Ste. #7 4301 Birch St., Ste. #7 Newport Beach, CA 92669 Newport Beach, CA 92669 Newport Beach, CA 92669 LWA LWA Attn: Steve Schneider Attn: Steve Schneider 10731 Treena St., Ste 201 10731 Treena St., Ste 201 San Diego, CA 92131 San Diego, CA 92131 LWA LWA LWA Attn: Steve Schneider Attn: Steve Schneider Attn: Steve`Schneider 10731 Treena St., Ste 201 10731 Treena St., Ste 201 10731 Treena St., Ste 201 San Diego, CA 92131 San Diego, CA 92131 San Diego, CA 92131 Jack in the Box Jack in the Box Attn: Wade Goding Attn: Wade Goding 100 N. Barranca Ave., #200 100 N. Barranca Ave., #200 West Covina, CA 91791 West Covina, CA 91791 Jack in the Box Jack in the Box Jack in the Box Attn: Wade Goding Attn: Wade Goding Attn: Wade Goding 100 N. Barranca Ave., #200 100 N. Barranca Ave., #200 100 N. Barranca Ave., #200 West Covina, CA 91791 West Covina, CA 91791 West Covina, CA 91791 - 3 SeS L IDS P-a set 508 162 012 508 162 013 508 163 001 For ers Leonar>Anne hapiro David&Geraldine Esth Lyons PO Box 2 Jorcou 487 E Valmonte Norte Breme n, WA 9 10 NO ST or NUMBER Palm Springs,CA 92262 , CA 508 163 002 508 163 003 508 163 004 Robert Arzano Howard Lapham&Frank Howard Francis Purcell Jr.&Joy Purcell 1200 E Del Paso Way 577 E Sunny Dunes Rd 91 490 E Sunny Dunes Rd Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs,CA 92264 508 163 005 508 163 006 508 163 007 James Kennard&Lorraine Kennard Samuel&Kendra Macwitch Silva Denise Gilbert 673 E Sunny Dunes Rd 693 E Sunny Dunes Rd 2496 E Santa Ynez Way Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264 508 163 009 508 163 010 508 171 001 Jacqueline Camillo D rt Water cy Michael&Sara Sack 11363 Berwick St PO Box 1989 SACK FAMILY Los Angeles, CA 90049 Pa pangs, 92263 1157 E Riverside Dr S Palm Springs, CA 92264 508 171 002 508 171 007 508 171 008 Martin Ruderman&Famil Ruderman Riversi County d Cent John Poles&Kathe Polos 1157 E Riverside Dr S PO Box 1 PO Box 1400 Palm Springs, CA 92264 Rive e,CA 9 2 Big Bear Lake, CA 92315 508 171 009 508 172 007 508 172 008 Riversi e umy o Cont Russell Wade&Jane Wade Riversi o Flood Cent PO Box 1033 Eldorado Country Club PO Bo Riversid A 92 Indian Wells,CA 92210 R' side,CA 9 2 508 172 009 508 172 010 508 172 011 Franca' elorient que Riversi Co Flood Cont Rlversl only Flood Cont NO STRE E or NUMBER PO Box PO B 0 , CA Rive de, CA 502 Ri rside,CA 02 508 172 012 508 291 005 Riv Id e my Flood Cont Charles Haywood&Ernestine Haywoo PO Bo 153 E Mesquite Ave Riv ide, CA 02 Palm Springs, CA 92264 508 132 036 508 1 37 508 132 038 Southern California Edison Co Edward& ele Cinque Sam&Lucille Pascal PO Box 800 1129 E uerte C PO Box 9678 Rosemead, CA 91770 Pa prings, CA 92 Palm Springs, CA 92263 508 039 508 132 041 508 132 044 William e Businees Acretn William Wade&V Businees Acrem >OB ner NO ST E or NUMBER 660 S Palm Canyon Dr CA Palm Springs, CA 92264 n, W 10 508 132 045 508 132 046 508 133 001 228 Diamond Street Csg Fountainhead Kurt Cyr&Jay Zaltzman PO Box 3411 4301 Birch St 97 6840 Claire Ave Palm Springs, CA 92263 Newport Beach, CA 92660 Reseda,CA 91335 508 133 002 508 133 003,°i b) OI`I,Od-0 508 133 004 Hillery Johnson Barry Loud Isidro Chavez 500 N Via Miraleste 1322 E Camino Amapola 523 E Camino-Parocela Palm Springs, CA 92262 Palm Springs,CA 92264 Palm Springs,CA 92264 508 133 005 508 133 014 508 133 015 Alvin Crowe Lorraine Beadle&Dave Allison Nida Brinkis&Julius Brinkis 571 E Camino Parocela 575 S Vista Oro 2343 Nella Vista Ave Palm Springs, CA 92264 Palm Springs, CA 92264 Los Angeles,CA 90027 508 133 016 508 133 017 50 33 O18 Wendy Woodward Dell Mosley Barry d 574 E Calle Roca PO Box 8163 PO Box 9 Palm Springs, CA 92264 Palm Springs, CA 92263 Pa rmgs, C 63 508 133 019 508 133 020 508 161 002/5c8-il W7,axrl�Og-i7a-cbe� >in ou B L Riverside County Flood Cont �+,o1o, Roca *N ddress* PO Box 1033 O11 - or pr ngs, 92264 A Riverside, CA 92502 508 162 001 ,Oo&,W s ' 108 162 002 508 162 003 Whitehead Prop&Marion Leonard head Prop& d Williams Joel Jay&Ilyse Ellen Shapiro 4511 E Sunny Dunes Rd#B 451 I E unes Rd#B 1666 20Th St#100 Palm Springs, CA 92264 Palm rags, 2264 Santa Monica, CA 90404 508 162 004 508 162 005 508 162 008 Fore ers L Ei�teheamgs, arion Leonard Valorie Hodgert PO Box 2 Rd#B 412 Lemon Grove Ln Breme WA 10 CA 92 Santa Barbara, CA 93108 508 162 009 508 162 010 508 162 011 Valorie Anne Hodgert&Richard Paul Steven Lowe Frank Wenzel&Kent Vandenberg 412 Lemon Grove Ln 447 Cerrillos Rd 775 E Mel Ave Santa Barbara, CA 93108 Santa Fe,NM 87501 Palm Springs, CA 92262 S. oss$ 508 131 002 508 131 09 508 131 012 Plaza Beach Redevelop t ency City Of Palm S Larry Steams 8725 Wilshire Blvd PO Box 274 645 S Palm Canyon Dr Beverly Hills, CA 90211 Palm S gs,CA Palm Springs,CA 92264 508 131 014 508 131 015 508 131 018 Fred Gottschalk& Inter Vivos Helen Rocco&Debra Dilucchio Jerry Frankel&Christopher Frankel 1115 S Sunrise Way 73464 Siesta Trl 78-6870 Kaula St Palm Springs, CA 92264 Palm Desert,CA 92260 Kailua Kona,HI.96740 508 132 004 508 132 006,D1 a,DI3 508 132 07 Stagg Invs Lie Joseph Gallagher William Jo ilmo Jason Martin 670 S Palm Canyon Dr PO Box 8718 NO STREET UMBER Palm Springs, CA 92264 Palm Springs, CA 92263 CA 508132011,0-S,0rA,0cI4 5c8-1W--DADla 5XGal 50 013 Fore Partners Llc Joseph GarPO Box 2108 P PO Bo 18Bremerton, WA 98310 P92263 Pa prings,CA 92263 508 132 014 508 132 015 508 132 016 Ray Malian Gonzales Silverio Vargas&Carmen Vargas Jesus Eduardo Luna 458 N Bonhill Rd 555 E Calle Roca 2393 W Nicola Rd N Los Angeles, CA 90049 Palm Springs,CA 92264 Palm Springs,CA 92262. 508 132 017 50 2 0 ;emert <A9 Ray Alvarez Fore P ers Lle P 607 E Calle Roca PO ox 210 Palm Springs, CA 92264 remerton,WA 10 508 132 020 508 132 021 ,ci a a,bS(o,03- 50' 0 Michael Karp Edward Cinque&Michele Cinque dwar ichele Cinque PO Box 490 1129 E Fuerte Cir 11 Fuerte Palm Springs, CA 92263 Palm Springs,CA 92262 ahn Springs,CA 92262 508 13 3 50>Prs 508 132 025 Fore Partne lc Fo c James Kennard&Lorraine Kennard PO Box 08P 673 E Sunny Dunes Rd Bre on, WA 98 BrWA ]0 Palm Springs,CA 92264 508 13 6 508 132 027 508 132 028 :dward& ele Cinque M C& Sharon Rose Goodman Malvina Brady&Patricia Brady 1129 E erte 1010 E Tamarisk Rd 672 E Sunny Dunes Rd 'a pr ngs, CA 9 Palm Springs,CA 92262 Palm Springs,CA 92264 ;08 132 029 508 132 030 508 132 035, 508—iw3-0tD vIalvina Brady&Jean Crosby David&Geraldine Esther Lyons Desert Water Agency '0 Box 9214 David&Geraldin Lyons PO Box 1710 'alm Springs, CA 92263 487 E Valmonte Norte Palm Springs,CA 92263 Palm Springs, CA 92262 Smooth Feed SheetsTu NEIGHBORHOOD COALITION Use template for51600 v Bob Seale Christine Hammond John Hunter 280 Camino Sur 373 South Monte Vista Drive P.O. Box 2824 Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92263 Philip Tedesco Sharon Lock Frank Tysen 1303 West Primavera Drive 1517 Sagebrush Casa Cody 175 South Cahuilla Road Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264 Bob Weithorn Jane Smith 261 South Belardo Road 928 Avenida Palmas Palm Springs, CA 92264 Palm Springs, CA 92262 Bob Seale Christine Hammond John Hunter 280 Camino Sur 373 South Monte Vista Drive P.O. Box 2824 Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92263 Philip Tedesco Sharon Lock Frank Tysen 1303 West Primavera Drive 1517 Sagebrush Casa Cody 175 South Cahuilla Road Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264 Bob Weithorn Jane Smith 261 South Belardo Road 928 Avenida Palmas Palm Springs, CA 92264 Palm Springs, CA 92262 8 LABELS PER SET 3 SETS OF LABELS 1 SET MAILED /J� AVERY@ Address Labels V1t �� TM OF PALM SA N City of Palm Springs * * Office of the City Clerk HcoF<ogerev aqy * 3200 Tahgm[t Canyon Way • Palm Springs,California 92262 c'14/FO R�4"P TEL:(760)323-8204 •TDD:(760)864-9527 September 24, 2001 Lyons, Warren &Associates, Inc. 9455 Ridgehaven Court, Suite 200 San Diego, CA 92123-1649 Dear Mr. Schneider: RE: Appeal of Palm Springs Planning Commission Decision Case 5.0858 — CUP — South Palm Canyon & Sunny Dunes This will acknowledge receipt of your appeal on the above-mentioned Case of Planning Commission decision dated September 12, 2001 of said project and payment of the required fee of$390.00 to cover the appeal and required mailing. Your appeal will be set for hearing before the City Council on November 7, 2001, at 7 p.m., in the Council Chamber, 3200 Tahquitz Canyon Way. If you wish to provide any written material to the City Council, to be included in its agenda packet prior to the o ,meeting, please furnish 10 copies to me no later than November 1, 2001. 111FL5„r, TE R"HE PT PATRICIA A. SANDERS t,E.fy F PV SPRINGS City Clerk RECUT, :i'Y; CGIMTER, I)i.DC0010P?16• cc: Planning P'AYDRe !,Tt;5. '�APREN aSSDC RMSTER DPJI. 09/2.t D; TlwE� 16'130"Ai rsECRIP'7iQ�='. A'rDi)ilT 11HER CHARGES SES y'3°D.ftGi TBU Etc r39D=D t 1,4ECK PA%n, fS°i1rJD fil' Cli *H. 202e,_ Tia liEl R% C4Ai.uE; 5=i10 Post Office Box 2743 • Palm Springs, California 92263-2743 LW STRUCTURAL ENGINEERS Established LYONS,WARREN &ASSOCIATES,INC. 1979 ,, September 21, 2001 ' City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 Attn: City Clerk Please find attached a Notice of Appeal from the Denial of the Application for a Conditional Use Permit by the Planning Commission of the City of Palm Springs. (Case 5.0858-CUP) Please schedule this appeal for hearing before the City Council of the City of Palm Springs at the earliest available date. Sincerely, Ste en P. Sc eid�r`, S.E. Principal 9455 Ridgehaven Court,Suite 200•San Diego,California 92123-1649•Tel.(858)573-8999 •Fax(858)573-8998•LWA@lyonswarren.com Notice of Appeal From the Denial of the Application For a Conditional Use Permit by the Planning Commission of the City of Palm Springs September 21, 2001 Appellant: Steve Schneider Lyons Warren&Associates, Inc. 9455 Ridgehaven Court, Suite 200 San Diego, CA 92123 (858) 573-8999 To : The City Council of the City of Palm Springs Action Appealed From: Denial of case 5.0858-CUP, Application by Lyons, Warren&Associates, Inc., on behalf of Jack in the Box, Inc., for a conditional use pennit, architectural approval and sign program to allow a fast food restaurant with drive-through located at the northeast corner of south Palm Canyon Drive and Sunny Dunes Road. Grounds for Appeal: The Planning Commission abused its discretion in denying the Application for Conditional Use Permit for the following reasons: a) The project, as proposed, meets the finding requirements of section 9402.00 of the zoning ordinance. b) The project as proposed will benefit the City of Palm Springs. c) The Planning Department of the City of Palm Springs recommended approval of the application. d) The project as proposed meets or exceeds all applicable City of Palm Springs Zoning ordinances for the C-2 and C-M zone. e) The Planning Commission acted arbitrarily and discriminatorily when it denied the Application. f) Reasons for denial given by the Planning Commission were either non-applicable or inaccurate based on the facts of the application. Relief Sought: That the City Council for the City of Palm Springs grant this appeal, that the decision by the Planning Commission to deny Case No. 5-0858-CUP be reversed, and that the Application for Conditional Use Permit, Architectural Approval and Sign Program to allow a fast food restaurant be approved as submitted. G.= Steven P. Schneider, S. E. Principal Lyons,Warren& Associates, Inc. PACO ' S AUTO BODY , November 7,2001 City Council City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, California 92262 RE: Jack In The Box Drive-Thru Restaurant Corner of South Pahn Canyon Drive and Sunny Dunes Road Dear Council Members: Please be advised that I am a business owner adjacent to the above-proposed project, and I am hereby writing in support of the project. I believe this proposed project will positively,rather than negatively,impact this intersection and the neighboring businesses. Should you have any questions or comments, please feel free to contact me at (760) 325- 8203. My address is 375 E. Sunny Dunes Road,Palm Springs, California 92264. Thank you. Sincerely, PA 'S AUTO BOD� Francisco Piza _ v: 1 i <J �r.. .;9GJf f�5'; ONE ELEVEN VINTAGE CARS gad 335 East Sunny Dunes Road Palm Springs CA 92264 760-320-9008 760-323-1161 Fax 760-323-5762 E Mail PSVintage@aol.com ivebsite oneelevcnvinlatcc%rc cnm November 7, 2001 City Council City of Palm Springs 3200 Tahquitz Way Palm Springs, California 92262 Dear Council Members: It has been brought to my attention that a Jack In The Box is asking for approval to be constructed at the corner of Sunny Dunes and Palm Canyon. I have been an owner of a business across the street for many years, and I think the new building will help to further improve our area. Myself, as my other neighbors often walk to lunch and this would give us another dining choice. I think the Starbucks was a nice addition to the area, both in service provided and appearance. As well this Jack In The Box will complete that development which started out as a tired old gas station and over the years has turned one fine building, and with your support can be a total of two new buildings. I support the project and I ask you to continue the spirit of fine development by approving the project this evening. Yours truly, One Eleven Vintage Cars BBo/ob'' Arzano , Owner FAOV--07-01 12 :26 AM F PU KGELL 760327SS74 P- 02 Frank Purcell / ` ���a° 1850 Crestview Drive 9 Palm Springs, Co.92254 Fax(700)327.8974 gd Home Phone(780)327.8974 fapuraellaaol.com November 6,2001 City Council City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs,Ca 92262 RE:NE Comer South Palm Canyon Drive and Sunny Dunes Road Honorable Mayor and Council Members I understand that concerns have been expressed about the inclusion of a Drive Through Facility associated with the proposed development on the NE corner of South Palm Canyon Drive and Sunny Dunes Road. As a property owner and longtime business operator in that business block,I initially had the some concerns when the Starbucks[hive Through was developed. However,the Starbucks facility has proven to be a real asset to the area and the Drive Through operation is efficient and,in my opinion,does not negatively impact traffic in the area. 1 use the Drive Through on a regular basis and it works well. The Success ofthe Starbucks Drive Through in processing vehicles quickly and efficiently shows that a well planned facility can be an asset to the area.I therefore request your positive consideration ofthis project. Respectfully Yours, IAJ alwt&' Frank Purcell