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, F o 0 oP City Council Staff Report
DATE: November 19, 2014 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1862
APPROVING PLANNED DEVELOPMENT DISTRICT (PDD) 368 IN LIEU
OF A CHANGE OF ZONE FOR AN APPROXIMATELY 0.91-ACRE
PARCEL LOCATED ON THE NORTH SIDE OF VISTA CHINO ROAD AT
KAWEAH ROAD (260 WEST VISTA CHINO ROAD) AND CEQA NOTICE
OF EXEMPTION
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance No. 1862.
RECOMMENDATION:
Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1862,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PLANNED DEVELOPMENT DISTRICT (PDD) 368 IN LIEU OF A CHANGE OF ZONE
FOR AN APPROXIMATELY 0.91-ACRE PARCEL LOCATED ON THE NORTH SIDE
OF VISTA CHINO ROAD AT KAWEAH ROAD (260 WEST VISTA CHINO ROAD) AND
CEQA NOTICE OF EXEMPTION."
STAFF ANALYSIS:
On November 5, 2014, Ordinance No. 1862 was introduced for first reading, as noted
below:
ACTION: Waive the reading of the ordinance text in its entirety, read by title
only, and introduce on first reading Ordinance No. 1862, "AN ORDINANCE OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED
DEVELOPMENT DISTRICT (PDD) 368 IN LIEU OF A CHANGE OF ZONE FOR
AN APPROXIMATELY 0.91-ACRE PARCEL LOCATED ON THE NORTH SIDE
OF VISTA CHINO ROAD AT KAWEAH ROAD (260 WEST VISTA CHINO
ROAD) AND CEQA NOTICE OF EXEMPTION," Motion Mayor Pro Tern
Hutcheson, seconded by Councilmember Lewin and unanimously carried
on a roll call vote.
Item No. a.0.
ADOPTION OF ORDINANCE NOS. 1862
November 19, 2014
Page 2 of 2
This report provides for the City Council to waive further reading and adopt the
ordinance. The ordinance shall be effective 30-days from adoption.
mes Thompson David H. Ready, Esq., P
City Clerk City Manager
/kd h
Attachments:
Ordinance No. 1862
02
ORDINANCE NO. 1862
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PLANNED
DEVELOPMENT DISTRICT (PDD) 368 IN LIEU OF A CHANGE
OF ZONE FOR AN APPROXIMATELY 0.91-ACRE PARCEL
LOCATED ON THE NORTH SIDE OF WEST VISTA CHINO ROAD
AT KAWEAH ROAD.
City Attorney's Summary
This Ordinance approves a Planned Development District in lieu of
zone change from the R-3 Zone to accommodate 3 residential units
on property generally located at 260 West Vista Chino Road.
WHEREAS, Gain Limited Partnership ("Applicant") has filed an application with
the City pursuant to Section 94.03.00 (Planned Development District), and 94.07.00
(Zone Change) of the Zoning Code, seeking approval for a Planned Development
District in Lieu of a Change of Zone (including Preliminary Development Plans)
proposing three single-family residential dwellings with minor deviations to development
standards on an approximately 0.91-acre parcel located at 260 West Vista Chino Road;
and
WHEREAS, notice of a public hearing of the Planning Commission of the City of
Palm Springs to consider Case Nos. 5.1333 PD 368, was given in accordance with
applicable law; and
WHEREAS, notice of a public hearing of the Planning Commission of the City of
Palm Springs to consider Case No. 5.1333 PD 368 in-lieu of change of zone, was given
in accordance with applicable law; and
WHEREAS, on August 27, 2014, a public hearing on the application was held by
the Planning Commission in accordance with applicable law, and the Commission
adopted Resolution No. 6443; unanimously recommending approval of Case No.
5.1333 PD 368 in lieu of change of zone; and
WHEREAS, notice of public hearing of the City Council of the City of Palm
Springs to consider Case Nos. 5.1333 PD 368 in lieu of change of zone, was given in
accordance with applicable law; and
WHEREAS, on November 5, 2014, a public hearing on the application for the
project was held by the City Council in accordance with applicable law; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA)
Guidelines, the project has been determined to be a project subject to environmental
analysis under the California Environmental Quality Act (CEQA); and
03
Ordinance No. 1862
Page 2
WHEREAS, a Planned Development District in lieu of a Change of Zone is
adopted by ordinance and includes two readings and a thirty-day period before it is
effective; and
WHEREAS, an ordinance was prepared for two readings before Council for the
approval of Case No. 5.1333 PDD 368 in-lieu of change of zone; and
WHEREAS, the City Council has carefully reviewed and considered all of the
evidence presented in connection with the meetings on the project, including but not
limited to the staff report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. The proposed amendment is considered a "project' pursuant to the
terms of the California Environmental Quality Act ("CEQA"), and the proposed
amendment be determined to be Categorically Exempt from the provisions of CEQA
under Section 15305 (Minor Alterations in Land Use Limitations) of the Guidelines for
the California Environmental Quality Act, because the proposed zone text proposes
minor changes to land use limitations for the 0.91-acre site; and
SECTION 2. Pursuant to Section 94.07.00 (Change of Zone), "the council in
reviewing a proposed change of zone shall consider whether the following conditions
exist in reference to the proposed zoning of the subject property":
1. The proposed change of zone is in conformity with the general plan
map and report. Any amendment of the general plan necessitated by the
proposed change of zone should be made according to the procedure set
forth in the State Planning Law either prior to the zone change, or notice
may be given and hearings held on such general plan amendment
concurrently with notice and hearings on the proposed change of zone.
The General Plan land use designation of the subject site is LDR (Low Density
Residential). This designation allows residential uses with densities of up to six dwelling
units per acre. The proposed project includes single family residences at a density of
about three dwelling units per acre, which is consistent with the type and density of
development within the LDR land use designation. Thus, the proposed change of zone
is in conformity with the General Plan map and report.
2. The subject property is suitable for the uses permitted in the
proposed planned development district, in terms of access, size of parcel,
relationship to similar or related uses, and other relevant considerations.
The density of the proposed project is much less than the R-3 zone permits. The
proposed site plan incorporates a private access way that will be required to conform to
the minimum width standards for access and safety. The project proposes lot sizes that
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Ordinance No. 1862
Page 3
are adequate to provide usable outdoor space, including outdoor living. Thus, the
project is deemed consistent with this finding.
C. The proposed change of zone is necessary and proper at
this time, and is not likely to be detrimental to the adjacent property or
residents.
The applicant proposes single-story single-family dwelling units on individual lots
exceeding 13,000-square feet in size. Similar development exists to the west and
south. The proposed zone change is necessary and proper to allow a lower density
project. The use would not be detrimental to adjacent property or residents in this area
due to a less dense project and zoning.
SECTION 3. The City Council adopts an ordinance to approve the zone map
change which changes the land use classification / zoning designation from R-3 to PD
368 for a roughly 0.91-acre area located on the north side of West Vista Chino Road
and Kaweah Road, in conjunction with Case Nos. 5.1333 PDD 368, subject to those
conditions of approval attached as Exhibit "A" to Resolution No. 23687.
SECTION 4. Effective Date: This Ordinance shall be in full force and effect thirty
(30) days after passage.
SECTION 5. Publication: The City Clerk is hereby ordered to and directed to
certify to the passage of this Ordinance, and to cause the same or summary thereof or a
display advertisement, duly prepared according to law, to be published in accordance
with law.
ADOPTED THIS 19T" DAY OF NOVEMBER, 2014.
MAYOR
ATTEST:
City Clerk
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Ordinance No. 1862
Page 4
CERTIFICATION:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. _ is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on and adopted at a
regular meeting of the City Council held on by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California 1
06
Resolution No. 23687
Page 8
EXHIBIT A
Case 5.1333 PDD 368 and TPM 36686
260 West Vista Chino Road
0.91-acres on the north side of Vista Chino Road at the Kaweah Road intersection
November 5, 2014
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 Services, the Director of
Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on
which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
ADM 1. Proiect Description. This approval is for the project described per Case
5.1333 PDD 368 and TPM 36686; except as modified by the conditions
below.
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped (May 29, 2014), including
site plans, architectural elevations, exterior materials and colors, and grading
on file in the Planning Division except as modified by the conditions below.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with
the provisions of the Palm Springs Zoning Code.
ADM 5. Tentative Map. This approval is for Tentative Tract Map 36686, date stamped
February 20, 2014. This approval is subject to all applicable regulations of
the Subdivision Map Act, the Palm Springs Municipal Code, and any other
applicable City Codes, ordinances and resolutions.
ADM 6. Indemnification. The owner shall defend, indemnity, and hold harmless the
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Resolution No. 23687
Page 9
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 5.1333 PDD 368 & TPM 36686. 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.
ADM 7. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including
and without limitation all structures, sidewalks, bikeways, parking areas,
landscape, irrigation, lighting, signs, walls, and fences between the curb and
property line, including sidewalk or bikeway easement areas that extend onto
private property, in a first class condition, free from waste and debris, and in
accordance with all applicable law, rules, ordinances and regulations of all
federal, state, and local bodies and agencies having jurisdiction at the
property owner's sole expense. This condition shall be included in the
recorded covenant agreement for the property if required by the City.
ADM 8. Time Limit on Approval. The time limit for submittal of Final Development
Plans shall be two (2) years from the effective date of approval.
Commencement of construction shall occur within six (6) months of Final
Development Plan approval. Extensions of time may be approved by the
Planning Commission upon demonstration of good cause by the applicant.
The Tentative Parcel Map (TPM 36686) shall be valid for a period of two (2)
years from the date of the approval by City Council. Extensions of time may
be approved pursuant to Municipal Code Section 9.63.110. Such extension
shall be required in writing and received prior to the expiration of the approval.
ADM 9. Right to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00. Permits will not be issued until the appeal period has
concluded.
ADM 10. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of
the Municipal Code regarding public art. The project shall either provide
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Resolution No. 23687
Page 10
public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee
shall be based upon the total building permit valuation as calculated pursuant
to the valuation table in the Uniform Building Code, the fee being 1/2% for
commercial projects or 1/4% for residential projects with first $100,000 of total
building permit valuation for individual single-family units exempt. Should the
public art be located on the project site, said location shall be reviewed and
approved by the Director of Planning and Zoning and the Public Arts
Commission, and the property owner shall enter into a recorded agreement to
maintain the art work and protect the public rights of access and viewing.
ADM 11. Park Development Fees. The developer shall dedicate land or pay a fee in
lieu of a dedication, at the option of the City. The in-lieu fee shall be
computed pursuant to Ordinance No. 1632, Section IV, by multiplying the
area of park to be dedicated by the fair market value of the land being
developed plus the cost to acquire and improve the property plus the fair
share contribution, less any credit given by the City, as may be reasonably
determined by the City based upon the formula contained in Ordinance No.
1632. In accordance with the Ordinance, the following areas or features shall
not be eligible for private park credit: golf courses, yards, court areas,
setbacks, development edges, slopes in hillside areas (unless the area
includes a public trail) landscaped development entries, meandering
streams, land held as open space for wildlife habitat, flood retention facilities
and circulation improvements such as bicycle, hiking and equestrian trails
(unless such systems are directly linked to the City's community-wide system
and shown on the City's master plan).
ADM 12. Community Facilities District. The City's existing public safety and
recreation services, including police protection, criminal justice, fire protection
and suppression, ambulance, paramedic, and other safety services and
recreation, library, cultural services are near capacity. Accordingly, the City
may determine to form a Community Facilities District under the authority of
Government Code Section 53311 et seq., or other appropriate statutory or
municipal authority. Developer agrees to support the formation of such
assessment district and shall waive any right to protest, provided that the
amount of such assessment shall be established through appropriate study
and shall not exceed $500 annually with a consumer price index
escalator. The district shall be formed prior to sale of any lots or a covenant
agreement shall be recorded against each parcel, permitting incorporation of
the parcel in the district.
ADM 13. Comply with City Noise Ordinance. This use shall comply with the provisions
of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code.
ADM 14. CC&R's Prior to recordation of the final Tract Map, the applicant shall submit
a draft declaration of covenants, conditions and restrictions ("CC&R's") to the
Director of Planning for approval in a format to be approved by the City
Attorney. These CC&R's may be enforceable by the City, shall not be
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Resolution No. 23687
Page 11
amended without City approval, and shall require maintenance of all property
in a good condition and in accordance with all ordinances
ADM 15. CC&R's. Prior to recordation of the final Tract Map or issuance of building
permits, the applicant shall submit a draft declaration of covenants, conditions
and restrictions ("CC&R's") to the Director of Planning for approval in a format
to be approved by the City Attorney. The draft CC&R package shall include:
a. The document to convey title
b. Deed restrictions, easements, of Covenant Conditions and Restrictions to
be recorded.
c. Provisions for joint access to the proposed parcels, and any open space
restrictions.
d. A provision, which provides that the CC&R's may not be terminated or
substantially amended without the consent of the City and the developer's
successor-in-interest.
Approved CC&R's are to be recorded following approval of the final map.
The CC&R's may be enforceable by the City, shall not be amended without
City approval, and shall require maintenance of all property in a good
condition and in accordance with all ordinances,
ADM 16. CC&R's Deposits & Fees. The applicant shall submit to the City of Palm
Springs, a deposit in the amount of $3,500, for the review of the CC&R's by
the City Attorney. A $675 filing fee shall also be paid to the City Planning
Department for administrative review purposes.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP)
Local Development Mitigation Fee (LDMF) required. All projects within the
City of Palm Springs, not within the Agua Caliente Band of Cahuilla Indians
reservation are subject to payment of the CVMSHCP LDMF prior to the
issuance of certificate of occupancy.
ENV 2. Notice of Exemption. The project is exempt from the California Environmental
Quality Act (CEQA); therefore, an administrative fee of$64 shall be submitted
by the applicant in the form of a money order or a cashier's check payable to
the Riverside County Clerk within two business days of the City Council's final
action on the project. This fee shall be submitted by the City to the County
Clerk with the Notice of Exemption. Action on this application shall not be
considered final until such fee is paid
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. Exterior lighting shall be in conformance with
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Resolution No. 23687
Page 12
Section 93.21.00 of the Zoning Code. Manufacturer's cut sheets of all
exterior lighting shall be submitted to the Planning Department for review and
approval. If lights are proposed to be mounted on buildings, down-lights shall
be utilized. No lighting of hillsides is permitted.
PLN 2. Water Efficient Landscaping Conformance. The project is subject to the
Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs
Municipal Code and all other water efficient landscape ordinances. The
applicant shall submit a landscape and irrigation plan to the Director of
Planning for review and approval prior to the issuance of a building permit.
Landscape plans shall be wet stamped and approved by the Riverside
County Agricultural Commissioner's Office prior to submittal. Prior to
submittal to the City, landscape / irrigation plans shall also be certified by the
local water agency that they are in conformance with the water agency's and
the State's Water Efficient Landscape Ordinances.
PLN 3. Submittal of Final PDD. The Final Planned Development plans shall be
submitted in accordance with Section 94.03.00 (Planned Development
District) of the Zoning Ordinance. Final development plans shall include site
plans, building elevations, floor plans, roof plans, grading plans, landscape
plans, irrigation plans, exterior lighting plans, site cross sections, property
development standards and other such documents as required by the
Planning Commission and Planning Department. Final Development Plans
must be submitted within two (2) years of the City Council approval of the
Preliminary Development Plans, unless an extension of time is granted by the
Planning Commission.
PLN 4. Conditions Imposed from AAC Review. The applicant shall incorporate the
following comments from the review of the project by the City's Architectural
Advisory Committee:
a. Exterior elevations to be consistent with site plan in Final Development
Plans;
b. Landscape and surrounding walls to be return for review.
PLN 5. Sign Applications Required. No signs are approved by this action. Separate
approval and permits shall be required for all signs in accordance with Zoning
Ordinance Section 93.20.00.
PLN 6. Flat Roof Requirements. Roof materials on flat roofs (less than 2:12) must
conform to California Title 24 thermal standards for "Cool Roofs". Such roofs
must have a minimum initial thermal emittance of 0.75 or a minimum SRI of
64 and a three-year aged solar reflectance of 0.55 or greater. Only matte
(non-specular) roofing is allowed in colors such as beige or tan.
PLN 7. Maintenance of Awnings & Projections. All awnings shall be maintained and
periodically cleaned.
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Resolution No. 23687
Page 13
PLN 8. Screen Roof-mounted Equipment. All roof mounted mechanical equipment
shall be screened per the requirements of Section 93.03.00 of the Zoning
Ordinance.
PLN 9. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 10. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 11. Update of City's Zoning Map. Upon approval of the proposed Change of
Zone, Tract Map and/or Planned Development District, the applicant shall be
responsible for costs associated with update of the City's GIS based zoning
maps.
PLN 12. Development Standards. Individual lots shall be developed as shown on the
approved site plan, and meet the following criteria:
PDD 368
A. Lot Area 13,200 sq. ft.
B. Lot Dimension
Min. Width 130 feet
Min. Depth 100 feet
C. Density 13,200 sq. ft. of lot area per dwelling
D. Building Height 1 story, 15 feet
E. Yard Setbacks
1. General 25 feet
Provisions
2. Front Yard Parcel 1: 55 feet (east property line)
Parcel 2 and 3: 45 feet east property line
3. Side Yards Parcels 1 and 2: 8 feet (north and south property lines)
Parcel 3: 16 feet(south property line) and 8 feet(north
property line
4. Rear Yard Parcels 1, 2 and 3: 12 feet (west property line)
F. Distance Between 16 feet between buildings
Buildings
PLN 13. Access Driveway. The reciprocal access driveway shall be 24-feet wide and
remain clear for emergency access at all times. This shall be reflected in the
Final Development Plans.
PLN 14. Planning Commission Final Development Plan Requirements. The following
requirements shall be included as a part of the Final Development Plans.
a. Eliminate entry gated to project
b. Reciprocal driveway to be 24ft. wide on Parcels 2 and 3
c. Each home to have separate smart controller for landscape irrigation
d. No live turf in any front yards
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Resolution No. 23687
Page 14
e. Pre-wire for rooftop solar collection
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security
Codes" of the Palm Springs Municipal Code.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
The Engineering Division recommends that if this application is approved, such approval is
subject to the following conditions being completed in compliance with City standards and
ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer.
STREETS
ENG 1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
VISTA CHINO
ENG 1. Construct a 6 inch curb and gutter, 20 feet north of centerline along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 200.
ENG 2. Construct a 24 wide driveway approach in accordance with City of Palm
Springs Standard Drawing No. 201.
ENG 3. Construct a 5 feet wide sidewalk behind the proposed curb along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 210.
ENG 4. Construct pavement with a minimum pavement section of 3 inches asphalt
concrete pavement over 6 inches crushed miscellaneous base with a
minimum subgrade of 24 inches at 95% relative compaction, or equal, from
edge of proposed gutter to clean sawcut edge of pavement along the Vista
Chino frontage in accordance with City of Palm Springs Standard Drawing
No. 110 and 300. If an alternative pavement section is proposed, the
proposed pavement section shall be designed by a California registered
Geotechnical Engineer using "R" values from the project site and submitted to
the City Engineer for approval.
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Resolution No. 23687
Page 15
ENG 5. All broken or off grade street improvements along the project frontage shall
be repaired or replaced.
ON-SITE
ENG 6. Construct a 24' wide drive isle with hammer head turn around for emergency
vehicles for reciprocal access as indicated on approved Tentative Parcel Map
36686, Construct pavement with a minimum pavement section of 2 1/2 inches
asphalt concrete pavement over 4 inches crushed miscellaneous base with a
minimum subgrade of 24 inches at 95% relative compaction, or equal, from
edge of proposed gutter to edge of pavement (redwood header or zero curb).
If an alternative pavement section is proposed, the proposed pavement
section shall be designed by a California registered Geotechnical Engineer
using "R" values from the project site and submitted to the City Engineer for
approval.
ENG 7. Parking shall be restricted along both sides of the 24 feet wide reciprocal
access road, except in the designated areas shown on approved Tentative
Parcel Map 36686. Maintaining required no parking restrictions, shall be
included in Covenants, Conditions, and Restrictions required for the
development.
SANITARY SEWER
ENG 2. All sanitary facilities shall be connected to the public sewer system. New
laterals shall not be connected at manholes.
ENG 3. If an on-site private sewer system is proposed to collect sewage from the
development and connect to the existing public sewer system, sewer plans
shall be submitted to the Engineering Division for review and approval.
Private on-site sewer mains for residential projects shall conform to City
sewer design standards, including construction of 8 inch V.C.P. sewer main
and standard sewer manholes. Sewer manhole covers shall be identified as
"Private Sewer". A profile view of the on-site private sewer mains is not
necessary if sufficient invert information is provided in the plan view, including
elevations with conflicting utility lines. Plans for sewers other than the private
on-site sewer mains, i.e. building sewers and laterals from the buildings to the
on-site private sewer mains, are subject to separate review and approval by
the Building Division.
GRADING
ENG 4. Submit a Precise Grading Plan prepared by a California registered Civil
engineer to the Engineering Division for review and approval. The Precise
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Resolution No. 23687
Page 16
Grading Plan shall be approved by the City Engineer prior to issuance of
grading permit.
a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its
grading contractor and submitted to the Engineering Division for review
and approval. The applicant and/or its grading contractor shall be required
to comply with Chapter 8.50 of the City of Palm Springs Municipal Code,
and shall be required to utilize one or more "Coachella Valley Best
Available Control Measures" as identified in the Coachella Valley Fugitive
Dust Control Handbook for each fugitive dust source such that the
applicable performance standards are met. The applicant's or its
contractor's Fugitive Dust Control Plan shall be prepared by staff that has
completed the South Coast Air Quality Management District (AQMD)
Coachella Valley Fugitive Dust Control Class. The applicant and/or its
grading contractor shall provide the Engineering Division with current and
valid Certificate(s) of Completion from AQMD for staff that have completed
the required training. For information on attending a Fugitive Dust Control
Class and information on the Coachella Valley Fugitive Dust Control
Handbook and related "PM10" Dust Control issues, please contact AQMD
at (909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust Control
Plan, in conformance with the Coachella Valley Fugitive Dust Control
Handbook, shall be submitted to and approved by the Engineering
Division prior to approval of the Grading plan.
b. The first submittal of the Grading Plan shall include the following
information: a copy of final approved conformed copy of Conditions of
Approval; a copy of a final approved conformed copy of the Site Plan; a
copy of current Title Report; a copy of Soils Report; and a copy of the
associated Hydrology Study/Report.
ENG 5. Prior to approval of a Grading Plan (or issuance of a Grading Permit), the
applicant shall obtain written approval to proceed with construction from the
Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or
Tribal Archaeologist. The applicant shall contact the Tribal Historic
Preservation Officer or the Tribal Archaeologist at (760) 699-6800, to
determine their requirements, if any, associated with grading or other
construction. The applicant is advised to contact the Tribal Historic
Preservation Officer or Tribal Archaeologist as early as possible. If required, it
is the responsibility of the applicant to coordinate scheduling of Tribal
monitors during grading or other construction, and to arrange payment of any
required fees associated with Tribal monitoring.
ENG 6. In accordance with an approved PM-10 Dust Control Plan, temporary dust
control perimeter fencing shall be installed. Fencing shall have screening that
is tan in color; green screening will not be allowed. Temporary dust control
' 5 L
Resolution No. 23687
Page 17
perimeter fencing shall be installed after issuance of Grading Permit, and
immediately prior to commencement of grading operations.
ENG 7. Temporary dust control perimeter fence screening shall be appropriately
maintained, as required by the City Engineer. Cuts (vents) made into the
perimeter fence screening shall not be allowed. Perimeter fencing shall be
adequately anchored into the ground to resist wind loading.
ENG 8. Within 10 days of ceasing all construction activity and when construction
activities are not scheduled to occur for at least 30 days, the disturbed areas
on-site shall be permanently stabilized, in accordance with Palm Springs
Municipal Code Section 8.50.022. Following stabilization of all disturbed
areas, perimeter fencing shall be removed, as required by the City Engineer.
ENG 9. Drainage swales shall be provided adjacent to all curbs and sidewalks to
keep nuisance water from entering the public streets, roadways, or gutters.
ENG 10. In accordance with City of Palm Springs Municipal Code, Section 8.50.022
(h), the applicant shall post with the City a cash bond of two thousand dollars
($2,000.00) per disturbed acre at the time of issuance of grading permit for
mitigation measures for erosion/blowsand relating to this property and
development.
ENG 11. A Geotechnical/Soils Report prepared by a California registered Geotechnical
Engineer shall be required for and incorporated as an integral part of the
grading plan for the proposed development. A copy of the Geotechnical/Soils
Report shall be submitted to the Engineering Division with the first submittal
of a grading plan (if required) or prior to issuance of any permit.
ENG 12. The applicant shall provide all necessary geotechnical/soils inspections and
testing in accordance with the Geotechnical/Soils Report prepared for the
project. All backfill, compaction, and other earthwork shown on the approved
grading plan shall be certified by a California registered geotechnical or civil
engineer, certifying that all grading was performed in accordance with the
Geotechnical/Soils Report prepared for the project. Documentation of all
compaction and other soils testing are to be provided even though there may
not be a grading plan for the project. No certificate of occupancy will be
issued until the required certification is provided to the City Engineer.
ENG 13. The applicant shall provide pad elevation certifications for all building pads in
conformance with the approved grading plan (if required), to the Engineering
Division prior to construction of any building foundation.
ENG 14. 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
16
Resolution No. 23687
Page 18
export of soil will be required to present a clearance document from a
Department of Food and Agriculture representative in the form of an approved
"Notification of Intent To Move Soil From or Within Quarantined Areas of
Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to
approval of the Grading Plan (if required). The California Department of Food
and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert
(Phone: 760-776-8208).
DRAINAGE
ENG 15. 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. Stormwater runoff may not be released directly to the
adjacent streets without first intercepting and treating with approved Best
Management Practices (BMP's).
ENG 16. The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is $6,511.00 per acre in accordance
with Resolution No. 15189. Fees shall be paid prior to issuance of a building
permit.
GENERAL
ENG 17. Any utility trenches or other excavations within existing asphalt concrete
pavement of off-site streets required by the proposed development shall be
backfilled and repaired in accordance with City of Palm Springs Standard
Drawing No. 115. The developer shall be responsible for removing, grinding,
paving and/or overlaying existing asphalt concrete pavement of off-site
streets as required by and at the discretion of the City Engineer, including
additional pavement repairs to pavement repairs made by utility companies
for utilities installed for the benefit of the proposed development (i.e. Desert
Water Agency, Southern California Edison, Southern California Gas
Company, Time Warner, Verizon, Mission Springs Water District, etc.).
Multiple excavations, trenches, and other street cuts within existing asphalt
concrete pavement of off-site streets required by the proposed development
may require complete grinding and asphalt concrete overlay of the affected
off-site streets, at the discretion of the City Engineer. The pavement condition
of the existing off-site streets shall be returned to a condition equal to or
better than existed prior to construction of the proposed development.
ENG 18. All proposed utility lines shall be installed underground.
ENG 19. All existing utilities shall be shown on the improvement plans if required for
the project. The existing and proposed service laterals shall be shown from
the main line to the property line.
17
Resolution No, 23687
Page 19
ENG 20. Upon approval of any improvement plan (if required) by the City Engineer, the
improvement plan shall be provided to the City in digital format, consisting of
a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing
exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of
the type and format of the digital data to be submitted to the City may be
authorized, upon prior approval by the City Engineer.
ENG 21. The original improvement plans prepared for the proposed development and
approved by the City Engineer (if required) shall be documented with record
drawing "as-built" information and returned to the Engineering Division prior
to issuance of a final certificate of occupancy. Any modifications or changes
to approved improvement plans shall be submitted to the City Engineer for
approval prior to construction.
ENG 22. Nothing shall be constructed or planted in the corner cut-off area of any
intersection or driveway which does or will exceed the height required to
maintain an appropriate sight distance per City of Palm Springs Zoning Code
Section 93.02.00, D.
ENG 23. 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 in accordance with City of Palm Springs Standard Drawing No. 904.
MAP
ENG 24. A Parcel Map shall be prepared by a California registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for review
and approval. A Title Report prepared for subdivision guarantee for the
subject property, the traverse closures for the existing parcel and all lots
created therefrom, and copies of record documents shall be submitted with
the Parcel Map to the Engineering Division as part of the review of the Map.
The Parcel Map shall be approved by the City Council prior to issuance of
building permits.
ENG 25. A 29' feet wide Reciprocal access easement which shall also include utilities
and emergency vehicle access for the benefit of all parcels as shown on
approved Tentative Parcel Map 36686, shall be shown on map.
ENG 26. Upon approval of a parcel map, the parcel map shall be provided to the City
in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital
Submission" from the Riverside County Transportation and Land
Management Agency." G.I.S. digital information shall consist of the following
data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments
(ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown
as continuous lines; full map annotation consistent with annotation shown on
the map; map number; and map file name. G.I.S. data format shall be
provided on a CDROM/DVD containing the following: ArcGIS Geodatabase,
18
Resolution No. 23687
Page 20
ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD
2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII
drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats.
Variations of the type and format of G.I.S. digital data to be submitted to the
City may be authorized, upon prior approval of the City Engineer.
TRAFFIC
ENG 27. A minimum of 48 inches of clearance for accessibility shall be provided on
public sidewalks or pedestrian paths of travel within the development.
Minimum clearance on public sidewalks (or pedestrian paths of travel) shall
be provided by either an additional dedication of a sidewalk easement (if
necessary) and widening of the sidewalk, or by the relocation of any
obstructions within the public sidewalk along the W. Vista Chino frontage of
TPM 36686.
ENG 28. All damaged, destroyed, or modified pavement legends, traffic control
devices, signing, striping, and street lights, associated with the proposed
development shall be replaced as required by the City Engineer prior to
issuance of a Certificate of Occupancy.
ENG 29. Construction signing, lighting and barricading shall be provided during all
phases of construction 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 Part 6 "Temporary Traffic Control' of the
California Manual on Uniform Traffic Control Devices for Streets and
Highways, dated January 13, 2012, or subsequent editions in force at the
time of construction.
ENG 30. This property is subject to the Transportation Uniform Mitigation Fee which
shall be paid prior to issuance of building permit.
FIRE DEPARTMENT CONDITIONS
These Fire Department conditions may not provide all requirements. Detailed plans are
still required for review.
FID 1 These conditions are subject to final plan check and review. Initial fire
department conditions have been determined on the site plans received and
dated February 20, 2014. Additional requirements may be required at that
time based on revisions to site plans.
FID 2 Fire Department Conditions were based on the 2013 Califomia Fire Code
as adopted by City of Palm Springs, Palm Springs Municipal Code and
latest adopted NFPA Standards. Four (4) complete sets of plans for private
19
Resolution No. 23687
Page 21
fire service mains, fire alarm, or fire sprinkler systems must be submitted at
time of the building plan submittal.
FID 3 Plans and Permits (CFC 105.1):
Permits and scaled drawings are required for this project. Plan reviews can
take up to 20 working days. Submit a minimum of four (4) sets of drawings
for review. Upon approval, the Fire Prevention Bureau will retain one set.
Plans shall be submitted to:
City of Palm Springs
Building and Safety Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Counter Hours: 8:00 AM — 6:00 PM, Monday— Thursday
A deposit for Plan Check and Inspection Fees is required at the time of Plan
Submittal. These fees are established by Resolution of the Palm Springs
City Council.
Complete listings and manufacturer's technical data sheets for all system
materials shall be included with plan submittals (four sets). All system
materials shall be UL listed or FM approved for fire protection service and
approved by the Fire Prevention Bureau prior to installation.
FID 4 Access During Construction (CFC 503): Access for firefighting equipment
shall be provided to the immediate job site at the start of construction and
maintained until all construction is complete. Fire apparatus access roads
shall have an unobstructed width of not less than 24 feet and an
unobstructed vertical clearance of not less than 13'-6". Fire Department
access roads shall have an all-weather driving surface and support a
minimum weight of 73,000 lbs.
FID 5 Buildings and Facilities (CFC 503.1.1): Approved fire apparatus access
roads shall be provided for every facility, building or portion of a building
hereafter constructed or moved into or within the jurisdiction. The fire
apparatus access road shall comply with the requirements of this section
and shall extend to within 150 feet of all portions of the facility and all
portions of the exterior walls of the first story of the building as measured by
an approved route around the exterior of the building or facility.
FID 6 Surface (CFC 503.2.3): Fire apparatus access roads shall be designed and
maintained to support the imposed loads of fire apparatus (73,000 lbs.
20
Resolution No. 23687
Page 22
GVW) and shall be surfaced so as to provide all-weather driving
capabilities.
FID 7 Fire Department Access: Fire Department Access Roads shall be
provided and maintained in accordance with (Sections 503 CFC).
• Minimum Access Road Dimensions (CFC 503.2.2):
Fire apparatus access roads shall have an unobstructed width of not
less than 24 feet; a greater width for private streets may be required by
the City engineer to address traffic engineering, parking, and other
issues. The Palm Springs Fire Department requirements for two-way
private streets, is a minimum width of 24 feet. No parking shall be
allowed in either side of the roadway.
FID 8 Fire Lane Marking (CFC 503.3): Approved signs or other approved notices
shall be provided for fire apparatus access roads to identify such roads or
prohibit the obstruction thereof. Signs or notices shall be maintained in a
clean and legible condition at all times and be replaced or repaired when
necessary to provide adequate visibility.
FID 9 Security Gates (CFC 503.6): The installation of security gates across a fire
apparatus access road shall be approved by the fire chief. Where security
gates are installed, they shall have an approved means of emergency
operation. The security gates and the emergency operation shall be
maintained operational at all times. Electric gate operators, where provided,
shall be listed in accordance with UL 325. Gates intended for automatic
operation shall be designed, constructed and installed to comply with the
requirements of ASTM F 2200 and shall utilize a combination of a Tomar
strobe-activated switch and an approved Knox key electric switch.
Approved security gates shall be a minimum of 14 feet in unobstructed drive
width on each side with gate in open position.
In the event of a power failure, the gates shall be defaulted or automatically
transferred to a fail safe mode allowing the gate to be pushed open without
the use of special knowledge or any equipment. If a two-gate system is
used, the override switch must open both gates.
If there is no sensing device that will automatically open the gates for
exiting, a fire department approved Knox electrical override switch shall be
placed on each side of the gate in an approved location.
A final field inspection by the fire code official or an authorized
representative is required before electronically controlled gates may
become operative. Prior to final inspection, electronic gates shall remain in
a locked-open position.
21
Resolution No. 23687
Page 23
FID 10 NFPA 13D Fire Sprinklers Required: An automatic fire sprinkler system is
required. Only a licensed contractor shall perform system design and
installation. System to be designed and installed in accordance with NFPA
standard 13D, 2013 Edition, as modified by local ordinance. The contractor
should submit fire sprinkler plans as soon as possible. No portion of the fire
sprinkler system may be installed prior to plan approval.
END OF CONDITIONS
22
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs, CA 92262
760-778-4578/Fax 760-778-4731
7014 DEC -3 PM 2: 31
State Of California ss: . S i f,",
County of Riverside CITY CLE;r
Advertiser:
CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 922632
2000499403
1 am over the age of 18 years old, a citizen of the United
States and not a party to, or have interest in this matter. I
hereby certify that the attached advertisement appeared
in said newspaper (set in type not smaller than non panel)
in each and entire issue of said newspaper and not in any
supplement thereof on the following dates,to wit:
Newspaper: .The Desert Sun
11/29/2014 . No1889 _
ORDINANCE NO.1062
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PLANNED DEVELOPMENT DIS-
TRICT go)668 IN LIEU OF A CHANGE OF
• ZONE FOR AN APPROXIMATELY 0.91-ACRE
' PARCEL LOCATED ON THE NORTH SIDE OF
WEST VISTA CHINO ROAD AT KAWEAH
ROAD. CdyAfthe 's Summery
I acknowledge that I am a principal clerk of the printer of This Ordinarioe approvs•a Planned Devemem
• District In lieu of zone Changa from the R-3Wo Zone
The Desert Sun, printed and published weekly in the City ; to ecrwmmodste s resldeneeI unit on property
of Palm Springs, County of Riverside, State of California. , generally located at 260 West Vista China Rued.
The Desert Sun was adjudicated a newspaper of general CERTIFICATION
STATE IAt
circulation on March 24, 1988 b the Superior Court of the COUNTYFFRIVER ID
Y P ' C�OF PALM$PRs ) as.
County of Riverside, State of California Case No. s)aavv
191236. i _ Pallor prings�MPifornia,doh ere YC Clark ertitylha the t0e
dinance No.1862 is a full,true,and corr�egct Mfg,
Palm Sad srings dCity Cat
`ncil regularNovember 5 201114,
1 declare under penalty of perjury that the foregoing is true and acPoMea at a regular maeling or 201 city _
• Council held on Ina 19m tlay.Novembaq 2014,by
and correct. Executed this 29th day of November, 2014 the following vote:
in Palm Spring Aavo: Tb Mills,n MSrPro Tern Huloason,and mbem Mayor PPog ,
None.
ABSENT: None.
ABSTAIN: one.
JAMFS THOMPSON,CITY CLERK
• City of Palm Springs,California
Published:11/29/14
Decl nt' nature G
ao
CITY OF PALM SPRINGS
NOTIFICATION
City Council
Meeting Date: November 19, 2014
Subject: Ordinance No. 1862
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary was published in the Desert Sun on
November 29, 2014.
1 declare under penalty of perjury that the foregoing is true and correct.
- io
Kathie Hart, MMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary were posted at City Hall,
3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office
of the City Clerk on November 26, 2014.
1 declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, MMC
Chief Deputy City Clerk
ORDINANCE NO. 1862
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PLANNED
DEVELOPMENT DISTRICT (PDD) 368 IN LIEU OF A CHANGE
OF ZONE FOR AN APPROXIMATELY 0.91-ACRE PARCEL
LOCATED ON THE NORTH SIDE OF WEST VISTA CHINO ROAD
AT KAWEAH ROAD.
City Attorney's Summary
This Ordinance approves a Planned Development District in lieu of
zone change from the R-3 Zone to accommodate 3 residential units
on property generally located at 260 West Vista Chino Road.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 1862 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on November 5, 2014,
and adopted at a regular meeting of the City Council held on the 19th day,
November, 2014, by the following vote:
AYES: Councilmembers Foat, Lewin, Mills, Mayor Pro Tern Hutcheson, and
Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ES THOMPSON, CITY CLERK
ity of Palm Springs, California
ORDINANCE NO. 1862
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PLANNED
DEVELOPMENT DISTRICT (PDD) 368 IN LIEU OF A CHANGE
OF ZONE FOR AN APPROXIMATELY 0.91-ACRE PARCEL
LOCATED ON THE NORTH SIDE OF WEST VISTA CHINO ROAD
AT KAWEAH ROAD.
CityAttorney's Summary
This Ordinance approves a Planned Development District in lieu of zone change from
the R-3 Zone to accommodate 3 residential units on property generally located at 260
West Vista Chino Road.
WHEREAS, Gain Limited Partnership ("Applicant") has filed an application with
the City pursuant to Section 94.03.00 (Planned Development District), and 94.07.00
(Zone Change) of the Zoning Code, seeking approval for a Planned Development
District in Lieu of a Change of Zone (including Preliminary Development Plans)
proposing three single-family residential dwellings with minor deviations to development
standards on an approximately 0.91-acre parcel located at 260 West Vista Chino Road;
and
WHEREAS, notice of a public hearing of the Planning Commission of the City of
Palm Springs to consider Case Nos. 5.1333 PD 368, was given in accordance with
applicable law; and
WHEREAS, notice of a public hearing of the Planning Commission of the City of
Palm Springs to consider Case No. 5.1333 PD 368 in-lieu of change of zone, was given
in accordance with applicable law; and
WHEREAS, on August 27, 2014, a public hearing on the application was held by
the Planning Commission in accordance with applicable law, and the Commission
adopted Resolution No. 6443; unanimously recommending approval of Case No.
5.1333 PD 368 in lieu of change of zone; and
WHEREAS, notice of public hearing of the City Council of the City of Palm
Springs to consider Case Nos. 5.1333 PD 368 in lieu of change of zone, was given in
accordance with applicable law; and
WHEREAS, on November 5, 2014, a public hearing on the application for the
project was held by the City Council in accordance with applicable law; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA)
Guidelines, the project has been determined to be a project subject to environmental
analysis under the California Environmental Quality Act (CEQA); and
Ordinance No. 1862
Page 2
WHEREAS, a Planned Development District in lieu of a Change of Zone is
adopted by ordinance and includes two readings and a thirty-day period before it is
effective; and
WHEREAS, an ordinance was prepared for two readings before Council for the
approval of Case No. 5.1333 PDD 368 in-lieu of change of zone; and
WHEREAS, the City Council has carefully reviewed and considered all of the
evidence presented in connection with the meetings on the project, including but not
limited to the staff report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. The proposed amendment is considered a "project' pursuant to the
terms of the California Environmental Quality Act ("CEQA"), and the proposed
amendment be determined to be Categorically Exempt from the provisions of CEQA
under Section 15305 (Minor Alterations in Land Use Limitations) of the Guidelines for
the California Environmental Quality Act, because the proposed zone text proposes
minor changes to land use limitations for the 0.91-acre site; and
SECTION 2. Pursuant to Section 94.07.00 (Change of Zone), "the council in
reviewing a proposed change of zone shall consider whether the following conditions
exist in reference to the proposed zoning of the subject property".
1. The proposed change of zone is in conformity with the general plan
map and report. Any amendment of the general plan necessitated by the
proposed change of zone should be made according to the procedure set
forth in the State Planning Law either prior to the zone change, or notice
may be given and hearings held on such general plan amendment
concurrently with notice and hearings on the proposed change of zone.
The General Plan land use designation of the subject site is LDR (Low Density
Residential). This designation allows residential uses with densities of up to six dwelling
units per acre. The proposed project includes single family residences at a density of
about three dwelling units per acre, which is consistent with the type and density of
development within the LDR land use designation. Thus, the proposed change of zone
is in conformity with the General Plan map and report.
2. The subject property is suitable for the uses permitted in the
proposed planned development district, in terms of access, size of parcel,
relationship to similar or related uses, and other relevant considerations.
The density of the proposed project is much less than the R-3 zone permits. The
proposed site plan incorporates a private access way that will be required to conform to
the minimum width standards for access and safety. The project proposes lot sizes that
Ordinance No. 1862
Page 3
are adequate to provide usable outdoor space, including outdoor living. Thus, the
project is deemed consistent with this finding.
C. The proposed change of zone is necessary and proper at
this time, and is not likely to be detrimental to the adjacent property or
residents.
The applicant proposes single-story single-family dwelling units on individual lots
exceeding 13,000-square feet in size. Similar development exists to the west and
south. The proposed zone change is necessary and proper to allow a lower density
project. The use would not be detrimental to adjacent property or residents in this area
due to a less dense project and zoning.
SECTION 3. The City Council adopts an ordinance to approve the zone map
change which changes the land use classification / zoning designation from R-3 to PD
368 for a roughly 0.91-acre area located on the north side of West Vista Chino Road
and Kaweah Road, in conjunction with Case Nos. 5.1333 PDD 368, subject to those
conditions of approval attached as Exhibit "A" to Resolution No. 23687.
SECTION 4. Effective Date: This Ordinance shall be in full force and effect thirty
(30) days after passage.
SECTION 5. Publication: The City Clerk is hereby ordered to and directed to
certify to the passage of this Ordinance, and to cause the same or summary thereof or a
display advertisement, duly prepared according to law, to be published in accordance
with law.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 1862 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on November 5, 2014,
and adopted at a regular meeting of the City Council held on the 19`h day,
November, 2014, by the following vote:
AYES: Councilmembers Foat, Lewin, Mills, Mayor Pro Tern Hutcheson, and
Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs, CA 92262
760-778-4578/Fax 760-778-4731
?Ot4 DEC -3 PM 2: 3't
State Of California ss: J A, -a 7 I.
County of Riverside CITY C L E
Advertiser:
CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 922632
2000499403
1 am over the age of 18 years old, a citizen of the United
States and not a party to, or have interest in this matter. I
hereby certify that the attached advertisement appeared
in said newspaper (set in type not smaller than non pariel)
in each and entire issue of said newspaper and not in any
supplement thereof on the following dates,to wit:
Newspaper: .The Desert Sun
11/29/2014 No1SS6
i ORDINANCE NO.1862
' AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PLANNED DEVELOPMENT DIS-
HANGE OF
ONE FOR)AN APPROXIMATEL368 IN LIEU OF AY 0.91-CRE
• PARCEL LOCATED ON THE NORTH SIDE OF
' WEST VISTA CHINO ROAD AT KAWEAH
ROAD. Cffy AtMomef's ery
I acknowledge that I am a principal clerk of the printer of This ordinance approves a PlanSa nn dDevelcpment
' Disbict in Neu of zone charge from the R-3 Zone
The Desert Sun, printed and published weekly in the City W accommodate a maldenaal units on property
of Palm Springs, County of Riverside, State of California. . generally located at 260 West Vista Chino Road.
The Desert Sun was adjudicated a newspaper of general • CERTIFICATION
STATE OF circulation on March 24, 1988 by the Superior Court of the COUNTY OF RIVEHSIDW as.
County of Riverside, State of California Case No. CITY OF PALM SPRINGS)ttttyy
191236. .Pe m SprinES gs OCaalrfamia,dO) rre Y ceemrk of y that O City r-
: dinanoe No.1862 Is a full,true,and correct copy,
• and was introduced at a regular meeting of the
1 declare under penalty of perjury that the foregoing is true Palm Spprings city Council on November t 2014,City
P h' P 1 ry 9 9 • antl adpplN at a regpular meeting of the City
• Council held on me 19th day,November,2014,by
and correct. Executed this 29th day of November, 2014 the following vote:
AYES: Counalmemben: Foot, Lewin, Mills.
in Palm Springs, rota. 0 Me-yo_r Pro Tom Hutcheson,and Mayor Pougnet.
NOOEESS None.
• ASSENT: None.
ABSTAIN: None.
i JAMES THOMPSON,CITY CLERK
• City of Palm Springs,California
Published:11/29/14
Decl ant' - nature
11�1�1'1�
ao
CITY OF PALM SPRINGS
NOTIFICATION
City Council
Meeting Date: November 19, 2014
Subject: Ordinance No. 1862
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary was published in the Desert Sun on
November 29, 2014.
1 declare under penalty of perjury that the foregoing is true and correct.
ILA, e
Kathie Hart, MMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary were posted at City Hall,
3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office
of the City Clerk on November 26, 2014.
1 declare under penalty of perjury that the foregoing is true and correct.
lL -
Kathie Hart, MMC
Chief Deputy City Clerk
ORDINANCE NO. 1862
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PLANNED
DEVELOPMENT DISTRICT (PDD) 368 IN LIEU OF A CHANGE
OF ZONE FOR AN APPROXIMATELY 0.91-ACRE PARCEL
LOCATED ON THE NORTH SIDE OF WEST VISTA CHINO ROAD
AT KAWEAH ROAD.
City Attorney's Summary
This Ordinance approves a Planned Development District in lieu of
zone change from the R-3 Zone to accommodate 3 residential units
on property generally located at 260 West Vista Chino Road.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 1862 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on November 5, 2014,
and adopted at a regular meeting of the City Council held on the 19,h day,
November, 2014, by the following vote:
AYES: Councilmembers Foat, Lewin, Mills, Mayor Pro Tern Hutcheson, and
Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ES THOMPSON, CITY CLERK
ity of Palm Springs, California
ORDINANCE NO. 1862
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PLANNED
DEVELOPMENT DISTRICT (PDD) 368 IN LIEU OF A CHANGE
OF ZONE FOR AN APPROXIMATELY 0.91-ACRE PARCEL
LOCATED ON THE NORTH SIDE OF WEST VISTA CHINO ROAD
AT KAWEAH ROAD.
City Attorney's Summary
This Ordinance approves a Planned Development District in lieu of zone change from
the R-3 Zone to accommodate 3 residential units on property generally located at 260
West Vista Chino Road.
WHEREAS, Gain Limited Partnership ("Applicant') has filed an application with
the City pursuant to Section 94.03.00 (Planned Development District), and 94.07.00
(Zone Change) of the Zoning Code, seeking approval for a Planned Development
District in Lieu of a Change of Zone (including Preliminary Development Plans)
proposing three single-family residential dwellings with minor deviations to development
standards on an approximately 0.91-acre parcel located at 260 West Vista Chino Road;
and
WHEREAS, notice of a public hearing of the Planning Commission of the City of
Palm Springs to consider Case Nos. 5.1333 PD 368, was given in accordance with
applicable law; and
WHEREAS, notice of a public hearing of the Planning Commission of the City of
Palm Springs to consider Case No. 5.1333 PD 368 in-lieu of change of zone, was given
in accordance with applicable law; and
WHEREAS, on August 27, 2014, a public hearing on the application was held by
the Planning Commission in accordance with applicable law, and the Commission
adopted Resolution No. 6443; unanimously recommending approval of Case No.
5.1333 PD 368 in lieu of change of zone; and
WHEREAS, notice of public hearing of the City Council of the City of Palm
Springs to consider Case Nos. 5.1333 PD 368 in lieu of change of zone, was given in
accordance with applicable law; and
WHEREAS, on November 5, 2014, a public hearing on the application for the
project was held by the City Council in accordance with applicable law; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA)
Guidelines, the project has been determined to be a project subject to environmental
analysis under the California Environmental Quality Act (CEQA); and
Ordinance No. 1862
Page 2
WHEREAS, a Planned Development District in lieu of a Change of Zone is
adopted by ordinance and includes two readings and a thirty-day period before it is
effective; and
WHEREAS, an ordinance was prepared for two readings before Council for the
approval of Case No. 5.1333 PDD 368 in-lieu of change of zone; and
WHEREAS, the City Council has carefully reviewed and considered all of the
evidence presented in connection with the meetings on the project, including but not
limited to the staff report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. The proposed amendment is considered a "project' pursuant to the
terms of the California Environmental Quality Act ("CEQA"), and the proposed
amendment be determined to be Categorically Exempt from the provisions of CEQA
under Section 15305 (Minor Alterations in Land Use Limitations) of the Guidelines for
the California Environmental Quality Act, because the proposed zone text proposes
minor changes to land use limitations for the 0.91-acre site; and
SECTION 2. Pursuant to Section 94.07.00 (Change of Zone), "the council in
reviewing a proposed change of zone shall consider whether the following conditions
exist in reference to the proposed zoning of the subject property".
9. The proposed change of zone is in conformity with the general plan
map and report. Any amendment of the general plan necessitated by the
proposed change of zone should be made according to the procedure set
forth in the State Planning Law either prior to the zone change, or notice
may be given and hearings held on such general plan amendment
concurrently with notice and hearings on the proposed change of zone.
The General Plan land use designation of the subject site is LDR (Low Density
Residential). This designation allows residential uses with densities of up to six dwelling
units per acre. The proposed project includes single family residences at a density of
about three dwelling units per acre, which is consistent with the type and density of
development within the LDR land use designation. Thus, the proposed change of zone
is in conformity with the General Plan map and report.
2. The subject property is suitable for the uses permitted in the
proposed planned development district, in terms of access, size of parcel,
relationship to similar or related uses, and other relevant considerations.
The density of the proposed project is much less than the R-3 zone permits. The
proposed site plan incorporates a private access way that will be required to conform to
the minimum width standards for access and safety. The project proposes lot sizes that
Ordinance No. 1862
Page 3
are adequate to provide usable outdoor space, including outdoor living. Thus, the
project is deemed consistent with this finding.
C. The proposed change of zone is necessary and proper at
this time, and is not likely to be detrimental to the adjacent property or
residents.
The applicant proposes single-story single-family dwelling units on individual lots
exceeding 13,000-square feet in size. Similar development exists to the west and
south. The proposed zone change is necessary and proper to allow a lower density
project. The use would not be detrimental to adjacent property or residents in this area
due to a less dense project and zoning.
SECTION 3. The City Council adopts an ordinance to approve the zone map
change which changes the land use classification / zoning designation from R-3 to PD
368 for a roughly 0.91-acre area located on the north side of West Vista Chino Road
and Kaweah Road, in conjunction with Case Nos. 5.1333 PDD 368, subject to those
conditions of approval attached as Exhibit "A" to Resolution No. 23687.
SECTION 4. Effective Date: This Ordinance shall be in full force and effect thirty
(30) days after passage.
SECTION 5. Publication: The City Clerk is hereby ordered to and directed to
certify to the passage of this Ordinance, and to cause the same or summary thereof or a
display advertisement, duly prepared according to law, to be published in accordance
with law.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 1862 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on November 5, 2014,
and adopted at a regular meeting of the City Council held on the 19`h day,
November, 2014, by the following vote:
AYES: Councilmembers Foat, Lewin, Mills, Mayor Pro Tern Hutcheson, and
Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California