HomeMy WebLinkAbout3/19/2014 - STAFF REPORTS - 1.B. ERNEST O. VINCENT
Attorney at Law
7 Kern Court
Oceanside,CA 92057
Telephone:(909)215-6856 E-mail eovincentl@hotmail.com
March 19, 2014
Via Personal Delivery
Palm Springs City Council
Palm Springs
Re: Council Agenda Item 1 B—March 19, 2014
Tract 36715 —Sophia—9 Condo Units on Tahquitz
Public Hearing
Request for Approval without Undergrounding of Existing PowerNerizon Poles
Dear Mayor and Council Members:
This office represents Dunvegan South Projects, L.P. the developer of the above referenced site.
The purpose of this letter is to request approval of the Tentative Map without the requirement for
the undergrounding of existing Edison and Verizon Poles and lines running along the northem
boundary of the Tract. The reasons for this are as follows:
(1) The cost of the Verizon component alone is more than $70,000. See attached. Together
with additional costs, the total would be about$100,000. This cost represents over
$10,000 per lot—much higher than any impact fee.
(2) The only pole that would go underground is the center Verizon pole. (See attached
photo.) The lines between the two poles at opposite ends of the project would also go
underground, but the two end poles would remain. This is very little benefit vs. the cost.
(3) The Developer would agree to a covenant binding the new homebuyers and their
successor property owners to participate in future underground program.
Thank you for your consideration.
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Ernest O. Vincent
Attorney at Law
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295 N.Sunrise Way
Palm Springs,CA 92262
March 3, 2014
Mr.Gerrard Biegel
Dunvegen South Project
70075 Highway l 11, Suite 101
Rancho Mirage,CA 92270
Re: Verizon Work Order#0525-8PDXOJX
Dear Mr. Biegel:
This is in response to your request for Verizon to perform the following work.Verizon to
underground telephone facilities between pole#4757036E and pole#2130110E.No work
can be done until easements for the underground cable and two new anchors have been secured,
located at 100 N.Cerritos,Palm Springs, CA.
In addition to the advance payment listed below,you will be required to provide the following:
Developer to place 24"conduits between pole#4757036E and pole#2130110E.
We have estimated the cost of the requested work will be: $74,665.88
Engineering Design Charge received on: O1/02/2014 $ 1000.00
Balance due to Verizon: $73,665.88
This is the amount of the advance payment that you will be required to make.You must return
this signed agreement, along with the full advance payment,before your work will be scheduled.
Upon job completion you will is issued either: (1)a refund of any overpayment,or(2)an invoice,
if the final actual costs exceed the advance payments received.Any unapplied portion of advance
payments will be refunded to you within sixty(60)days of the final bill or cancellation of the job.
If you agree to these terms, please print,sign and mail this letter agreement only,(no payment)to:
Verizon
Attention: Larry Moore
Engineering Department
295 N. Sunrise Way
Palm Springs, CA 92262
Mr.Gerrard Biegel
March 3,2014
Page 2
If you are signing for a company or other entity,then by signing below,you warrant that you are
authorized to bind the company or entity to the terms of this letter agreement.
Please do NOT send your payment at this time.Upon receipt of your signed agreement the
documentation will be forwarded to our billing center,which will send you detailed
instructions for making the advance payment.Your work order will be released for
scheduling with our Construction Department once the advance payment is received.
Verizon shall not be responsible to the extent its performance is delayed or prevented due to
causes beyond its control, including but not limited to acts of God or the public enemy,terrorism,
civil commotion,embargo,acts of government,any law,order,ordinance,regulation,or
requirement of any government, fires, explosions,weather,quarantine,strikes, labor disputes,
lockouts,and other causes beyond the reasonable control of Verizon.
Please be advised that the price estimate quoted above is only valid for sixty(60)days from the
date of this letter. If this work request is cancelled after you have signed the agreement,you will
be billed for any Engineering and Construction cost incurred after the date of signature that may
include the cost to place and/or remove facilities.
If we do not receive this signed agreement and your full advance payment within the sixty(60)
day period,we will assume that you do not want the work to be undertaken and the project will be
cancelled.
Should you have any questions or concerns regarding these terms, please contact me at
760-778-3603.
Sincerely,
Larry Moore
Engineer III - Spec.Ntwk Eng. & Ops.
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Cq</FOANNP CITY COUNCIL STAFF REPORT
DATE: March 19, 2014 PUBLIC HEARING
SUBJECT: GERARD AND JANET BIEGEL, OWNERS FOR TENTATIVE TRACT
MAP 36715 OF ONE (1) LOT EQUALING 35,672-SQUARE FEET FOR
THE PUROSE OF A NINE (9) UNIT CONDOMINIUM PROJECT
CONSISTING OF THREE BUILDINGS ON COMMON GROUND
LOCATED AT 100 NORTH CERRITOS ROAD, ZONE R-2, SECTION 13.
(GM)
CASE: TPM 36715
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
The City Council to review a request for a Tentative Tract Map resulting in one lot
equaling 35,672-square feet for the purpose of a nine (9) unit condominium project
consisting of three, one-story buildings on common ground known as the Sofia
Condominiums.
RECOMMENDATION:
Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, FOR TENTATIVE TRACT MAP 36715 OF ONE (1)
LOT EQUALING 35,672-SQUARE FEET FOR THE PUROSE OF A NINE (9) UNIT
CONDOMINIUM PROJECT CONSISTING OF THREE BUILDINGS ON COMMON
GROUND LOCATED AT 100 NORTH CERRITOS ROAD, ZONE R-2, SECTION 13"
PRIOR ACTIONS:
On September 25, 2013, the Planning Commission approved a Major Architectural
Application to construct a nine-unit condominium complex with common outdoor areas,
off-street parking, and landscaping; and recommend approval to City Council a General
Plan Amendment to change the subject parcel land use designation from "Office' to
"Medium Density Residential".
ITEM NO.
RESOLUTION NO.
EXHIBIT A
Tentative Tract Map 36715
Case 3.3625 MAJ / 5.1299 GPA
Nine-unit condominium at the Northeast Corner of
Tahquitz Canyon Way and North Cerritos Road
March 19, 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. Project Description. This approval is for the project described per Case
3.3625 MAJ / 5.1299 GPA and TTM 36715; except as modified with the
approved Mitigation Monitoring Program and the conditions below;
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped February 14, 2013,
including site plans, architectural elevations, exterior materials and colors,
landscaping, and grading on file in the Planning Division except as modified
by the approved Mitigation Measures and 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. Indemnification. 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
WA ��
City Council Resolution No.
Case TTM 36715&3.3625 MAJ/5.1299 GPA— Nine-unit Condominium at Tahquitz and Cerritos Page 2 of 22
Conditions of Approval
Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case TTM 36715 & 3.3625 MAJ / 5.1299 GPA. 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 6. 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 7. Time Limit on Approval. Approval of the Major Architectural Application
(MAJ) shall be valid for a period of two (2) years from the effective date of the
approval. Extensions of time may be granted by the Planning Commission
upon demonstration of good cause.
ADM 8. 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 9. 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
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
City Council Resolution No.
Case TTM 36715&3.3625 MAJ/5.1299 GPA—Nine-unit Condominium at Tahquitz and Cerritos Page 3 of 22
Conditions of Approval
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 10. 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 11. Comply with City Noise Ordinance. This use shall comply with the provisions
of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code.
Violations may result in revocation of this Conditional Use Permit.
ADM 12. CC&R's The applicant prior to issuance of building permits shall submit a
draft declaration of covenants, conditions and restrictions ("CC&R's") to the
Director of Planning 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
amended without City approval, and shall require maintenance of all property
in a good condition and in accordance with all ordinances
ADM 13. CC&R's.
ADM 22. CC&R's. Prior to recordation of a final Tentative 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.
City Council Resolution No.
Case TTM 36715&3.3625 MAJ/5.1299 GPA—Nine-unit Condominium at Tahquitz and Cerritos Page 4 of 22
Conditions of Approval
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 23. 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
ADM 24. CC&R's Noise Disclosure. The CC&R's shall have a disclosure statement
regarding the location of the project relative to roadway noise, City special
events, roadway closures for special events and other activities which may
occur in the Central Business District, Desert Museum and Desert Fashion
Plaza. Said disclosure shall inform perspective buyers about traffic, noise and
other activities which may occur in this area.
ADM 25. Notice to Tenants. The applicant shall provide all tenants with a copy of the
Conditions of Approval for this project.
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'. California Fish & Game Fees Required. The project is required to pay a fish
and game impact fee as defined in Section 711 .4 of the California Fish and
Game Code. This CFG impact fee plus an administrative fee for filing the
action with the County Recorder shall be submitted by the applicant to the
City in the form of a money order or a cashier's check payable to the
Riverside County Clerk prior to the final City action on the project (either
Planning Commission or City Council determination). This fee shall be
submitted by the City to the County Clerk with the Notice of Determination.
Action on this application shall not be final until such fee is paid. The project
may be eligible for exemption or refund of this fee by the California
Department of Fish & Game. Applicants may apply for a refund by the CFG
at www.dfg.ca.gov for more information.
City Council Resolution No.
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Conditions of Approval
ENV 3. _Cultural Resource Survey Required. Prior to any ground disturbing activity,
including clearing and grubbing, installation of utilities, and/or any
construction related excavation, an Archaeologist qualified according to the
Secretary of the Interior's Standards and Guidelines, shall be employed to
survey the area for the presence of cultural resources identifiable on the
ground surface.
ENV 4. Cultural Resource Site Monitoring. There is a possibility of buried cultural or
Native American tribal resources on the site. A Native American Monitor shall
be present during all ground-disturbing activities. (check for duplication in
engineering conditions)
a. A Native American Monitor(s) shall be present during all ground
disturbing activities including clearing and grubbing, excavation, burial of
utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of
Cahuilla Indian Cultural Office for additional information on the use and
availability of Cultural Resource Monitors. Should buried cultural deposits
be encountered, the Monitor shall contact the Director of Planning. After
consultation the Director shall have the authority to halt destructive
construction and shall notify a Qualified Archaeologist to further
investigate the site. If necessary, the Qualified Archaeologist shall
prepare a treatment plan for submission to the State Historic Preservation
Officer and Agua Caliente Cultural Resource Coordinator for approval.
b. Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record
search results and site records/updates shall be forwarded to the Tribal
Planning, Building, and Engineering Department and one copy to the City
Planning Department prior to final inspection.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a
photometric site plan showing the project's conformance with Section
93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance,
shall be submitted for approval by the Department of Planning prior to
issuance of a building permit. Manufacturer's cut sheets of all exterior lighting
on the building and in the landscaping shall be included. 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.
City Council Resolution No,
Case TTM 36715&3.3625 MAJ/5.1299 GPA—Nine-unit Condominium at Tahquitz and Cerritos Page 6 of 22
Conditions of Approval
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 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. 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. The applicant shall submit a sign program to
the Department of Planning Services prior to the issuance of building permits.
PLN 4. 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 5. Maintenance of Awnings & Projections. All awnings shall be maintained and
periodically cleaned.
PLN 6. 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 7. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be
permitted on any facade on the proposed building(s) that are visible from
adjacent streets or residential and commercial areas.
PLN 8. Pool Enclosure Approval Required. Details of fencing or walls around pools
(material and color) and pool equipment areas shall be submitted for approval
by the Planning Department prior to issuance of Building Permits.
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. No off-site Parking. Vehicles associated with the operation of the proposed
development including company vehicles or employees vehicles shall not be
permitted to park off the proposed building site unless a parking management
plan has been approved.
PLN 12. Bicycle Parking. The project shall be required to provide secure bicycle
parking facilities on site for use by residents and commercial/retail patrons
City Council Resolution No.
Case TTM 36715&3.3625 MAJ/5.1299 GPA—Nine-unit Condominium at Tahquitz and Cerritos Page 7 of 22
Conditions of Approval
and owners. Location and design shall be approved by the Director of
Planning.
PLN 13. Prior to recordation of the final subdivision map, the developer shall submit for
review and approval the following documents to the Planning Department
which shall demonstrate that the project will be developed and maintained in
accordance with the intent and purpose of the approved tentative map:
a. The document to convey title.
b. Deed restrictions, easements, covenant conditions and restrictions that
are to be recorded.
c. The approved documents shall be recorded at the same time that the
subdivision map is recorded. The documents shall contain provisions for
joint access to the proposed parcels and open space restrictions. The
approved documents shall contain a provision which provides that they
may not be terminated or substantially amended without the consent of
the City and the developer's successor-in-interest.
PLN 14. (add any additional conditions imposed by the City Council here)
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.
GENERAL
1. All requirements and improvements identified in Exhibit A (Conditions
of Approval) of City Council Resolution No. 23454 adopted November
6, 2013, for Case No. 3.3625 MAJ / 5.1299 GPA, are incorporated
herein by reference.
City Council Resolution No.
Case TTM 36715&3.3625 MAJ/5.1299 GPA—Nine-unit Condominium at Tahquitz and Cerritos Page 8 of 22
Conditions of Approval
STREETS
ENG 1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
ENG 2. Submit street improvement plans prepared by a registered California civil
engineer to the Engineering Division. The plan(s) shall be approved by the City
Engineer prior to issuance of any building permits.
ENG 3. The applicant shall be required to construct asphalt concrete paving for the on-
site travel way in two separate lifts. The final lift of asphalt concrete pavement
shall be postponed until such time that on-site construction activities are
complete, as may be determined by the City Engineer. Paving of the on-site
travel way in one lift prior to completion of on-site construction will not be
allowed, unless prior authorization has been obtained from the City Engineer.
Completion of asphalt concrete paving for travel ways prior to completion of
on-site construction activities, if authorized by the City Engineer, will require
additional paving requirements prior to acceptance of the street improvements,
including, but not limited to: removal and replacement of damaged asphalt
concrete pavement, overlay, slur seal, or other repairs, as required b the
slurry P q Y
City Engineer.
E. TAHQUITZ CANYON WAY
ENG 4. Remove existing street improvements as necessary to reconstruct the east half
of a 6 feet wide cross gutter and spandrel at the northeast corner of the
intersection of E. Tahquitz Canyon Way and E. Cerritos Drive with a flow line
parallel with and located 41 feet north of the centerline of E. Tahquitz Canyon
Way in accordance with City of Palm Springs Standard Drawing No. 200 and
206.
ENG 5. Construct a minimum 24 feet wide driveway approach located approximately 25
feet west of the east property line in accordance with City of Palm Springs
Standard Drawing No. 201. The driveway shall have right-turn ingress and
right-turn egress access only.
ENG 6. In accordance with Planning Commission Resolution No. 1503, dated
November 18, 1970, Washingtonia Filifera (California fan palm) palm trees with
tree wells (14 feet from ground to fronds in height) shall be planted
approximately 60 feet apart along the entire frontage of Tahquitz Canyon Way
with the exact number to be determined by the City Engineer based upon final
site layout. The minimum trunk diameter and tree height shall be consistent
with palm trees along E. Tahquitz Canyon Way in the vicinity; palm trees
selected by the applicant shall be pre-approved by the City Engineer prior to
planting. The applicant shall be responsible for installation of an irrigation and
City Council Resolution No.
Case TTM 36715 &3.3625 MAJ/5.1299 GPA— Nine-unit Condominium at Tahquitz and Cerritos Page 9 of 22
Conditions of Approval
lighting system and for the perpetual maintenance of the new palm trees and
other parkway landscaping along the Tahquitz Canyon Way frontage to the
satisfaction of the City Engineer. Note that palm tree maintenance includes
shearing off of dead palm fronds in compliance with City palm tree trimming
policy.
ENG 7. All broken or off grade street improvements along the project frontage shall be
repaired or replaced.
E. CERRITOS DRIVE
ENG 8. Construct a 6 inch curb and gutter, 20 feet east of centerline along the entire
frontage that matches existing curb return at the northeast corner of the
intersection of E. Tahquitz Canyon Way and E. Cerritos Drive in accordance
with City of Palm Springs Standard Drawing No. 200.
ENG 9. Construct driveway approach to accommodate bay parking stalls along the E.
Cerritos Drive frontage in accordance with City of Palm Springs Standard
Drawing No. 201. The proposed driveway approach shall be located
approximately 130 feet north of the south property line. Bay parking stalls shall
be located completely on-site, behind sidewalk, and not within public right-of-
way.
ENG 10. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210.
ENG 11. 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 clean saw cut edge of pavement along the entire E. Cerritos
Drive 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.
ENG 12. All broken or off grade street improvements along the project frontage shall be
repaired or replaced.
ON-SITE
ENG 13. Dedicate an easement for the right of ingress and egress for service and
emergency vehicles and personnel over the proposed private travel way.
City Council Resolution No.
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Conditions of Approval
ENG 14. The on-site drive aisle shall be two-way with a minimum 24 feet wide travel way
(as measured from face of curb) where no on-street parking is proposed.
ENG 15. For on-site bay parking in residential and commercial zones, paving material
shall be decorative paving, colored and/or patterned to relate to the overall
design in accordance with Zoning Code 93.06.00.C.15.e. All bay parking
spaces on E. Cerritos Drive shall be constructed on-site.
ENG 16. An accessible pedestrian path of travel shall be provided throughout the
development, as may be required by applicable state and federal laws. An
accessible path of travel shall be constructed of Portland cement concrete,
unless alternative materials meeting state and federal accessibility standards is
approved by the City Engineer.
ENG 17. The minimum pavement section for all on-site pavement (drive aisles and
parking spaces) shall be 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. 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.
SANITARY SEWER
ENG 18. All sanitary facilities shall be connected to the public sewer system via the
proposed on-site private sewer system. New laterals shall not be connected at
manholes.
ENG 19. All on-site sewer systems shall be privately maintained by a Home Owners
Association (HOA). Provisions for maintenance of the on-site sewer system
acceptable to the City Engineer shall be included in the Covenants, Conditions
and Restrictions (CC&R's) required for this project.
ENG 20. Submit sewer improvement plans prepared by a California registered civil
engineer to the Engineering Division. The plan(s) shall be approved by the City
Engineer prior to issuance of any building permits.
ENG 21. Applicant shall connect to the existing public sewer mainline located
approximately 7.5 feet north of the north right-of-way of E. Tahquitz Canyon
Way and extend the 8 inch VCP sewer main to the project site located
approximately 100 feet to the west from the existing terminus that is
approximately aligned with S. Cerritos Drive. No laterals shall be connected at
manholes, but shall be connected in accordance with City of Palm Springs
Standard Drawing No. 405.
City Council Resolution No.
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Conditions of Approval
ENG 22. All sewer mains constructed by the developer and to become part of the City
sewer system shall be digitally video recorded by the City prior to acceptance of
the sewer system for maintenance by the City. Any defects of the sewer main
shall be removed, replaced, or repaired to the satisfaction of the City Engineer
prior to acceptance.
ENG 23. Upon completion of the construction of public sewer lines, an as-built drawing in
digital format shall be provided to the City as required by the City Engineer, if
the sewer was not constructed in accordance with the original approved sewer
plans.
GRADING
ENG 24. Submit a Precise Grading and Paving Plan prepared by a California registered
Civil engineer to the Engineering Division for review and approval. The Precise
Grading and Paving Plan shall be approved by the City Engineer prior to
issuance of grading permit.
a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its
grading contractor and submitted to the Engineering Division for review and
approval. The applicant and/or its grading contractor shall be required to
comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and
shall be required to utilize one or more "Coachella Valley Best Available
Control Measures' as identified in the Coachella Valley Fugitive Dust
Control Handbook for each fugitive dust source such that the applicable
performance standards are met. The applicant's or its contractor's Fugitive
Dust Control Plan shall be prepared by staff that has completed the South
Coast Air Quality Management District (AQMD) Coachella Valley Fugitive
Dust Control Class. The applicant and/or its grading contractor shall provide
the Engineering Division with current and valid Certificate(s) of Completion
from AQMD for staff that has 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 Precise Grading and Paving 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; a copy of
the associated Hydrology Study/Report; and a copy of the project-specific
Final Water Quality Management Plan.
City Council Resolution No.
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Conditions of Approval
ENG 25. Prior to approval of a Grading Plan or issuance of any 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 26. In accordance with an approved PM-10 Dust Control Plan, temporary dust
control perimeter fencing shall be installed as necessary. Fencing shall have
screening that is tan in color; green screening will not be allowed. Temporary
dust control perimeter fencing shall be installed after issuance of Grading
Permit, and immediately prior to commencement of grading operations.
ENG 27. 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 28. 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 29. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
ENG 30. 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/blow sand relating to this property and
development.
ENG 31. 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.
City Council Resolution No.
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Conditions of Approval
ENG 32. 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. No certificate of
occupancy will be issued until the required certification is provided to the City
Engineer.
ENG 33. The applicant shall provide pad elevation certifications for all building pads in
conformance with the approved grading plan, to the Engineering Division prior
to construction of any building foundation.
ENG 34. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the export
of soil will be required to present a clearance document from a Department of
Food and Agriculture representative in the form of an approved "Notification of
Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside,
and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading
Plan. The California Department of Food and Agriculture office is located at 73-
710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208).
WATER QUALITY MANAGEMENT PLAN
ENG 35. This project shall be required to install measures in accordance with applicable
National Pollution Discharge Elimination System (NPDES) Best Management
Practices (BMP's) included as part of the NPDES Permit issued for the
Whitewater River Region from the Colorado River Basin Regional Water
Quality Control Board (RWQCB). The applicant is advised that installation of
BMP's, including mechanical or other means for pre-treating contaminated
stormwater and non-stormwater runoff, shall be required by regulations
imposed by the RWQCB. It shall be the applicant's responsibility to design and
install appropriate BMP's, in accordance with the NPDES Permit, that
effectively intercept and pre-treat contaminated stormwater and non-stormwater
runoff from the project site, prior to release to the City's municipal separate
storm sewer system ("MS4"), to the satisfaction of the City Engineer and the
RWQCB. Such measures shall be designed and installed on-site; and
provisions for perpetual maintenance of the measures shall be provided to the
satisfaction of the City Engineer, including provisions in Covenants, Conditions,
and Restrictions (CC&R's) required for the development (if any).
ENG 36. A Final Project-Specific Water Quality Management Plan (WQMP) shall be
submitted to and approved by the City Engineer prior to issuance of a grading
City Council Resolution No.
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Conditions of Approval
or building permit. The WQMP shall address the implementation of operational
Best Management Practices (BMP's) necessary to accommodate nuisance
water and storm water runoff from the site. Direct release of nuisance water to
the adjacent property (or public streets) is prohibited. Construction of
operational BMP's shall be incorporated into the Precise Grading and Paving
Plan.
ENG 37. Prior to issuance of any grading or building permits, the property owner shall
record a "Covenant and Agreement" with the County-Clerk Recorder or other
instrument on a standardized form to inform future property owners of the
requirement to implement the approved Final Project-Specific WQMP. Other
alternative instruments for requiring implementation of the approved Final
Project-Specific WQMP include: requiring the implementation of the Final
Project-Specific WQMP in Home Owners Association or Property Owner
Association Covenants, Conditions, and Restrictions (CC&R's); formation of
Landscape, Lighting and Maintenance Districts, Assessment Districts or
Community Service Areas responsible for implementing the Final Project-
Specific WQMP; or equivalent. Alternative instruments must be approved by
the City Engineer prior to the issuance of any grading or building permits.
ENG 38. Prior to issuance of certificate of occupancy or final City approvals, the
applicant shall:
a. demonstrate that all structural BMP's have been constructed and installed in
conformance with approved plans and specifications;
b. demonstrate that applicant is prepared to implement all non-structural
BMP's included in the approved Final Project-Specific WQMP, conditions of
approval, or grading/building permit conditions; and
c. demonstrate that an adequate number of copies of the approved Final
Project-Specific WQMP are available for the future owners (where
applicable).
DRAINAGE
ENG 39. Direct release of on-site nuisance water or stormwater runoff shall not be
permitted to E. Tahquitz Canyon Way or N. Cerritos Road. Provisions for the
interception of nuisance water from entering adjacent public streets from the
project site shall be provided through the use of a minor storm drain system
that collects and conveys nuisance water to landscape or parkway areas, and
in only a stormwater runoff condition, pass runoff directly to the streets through
parkway or under sidewalk drains.
ENG 40. All stormwater runoff passing through the site shall be accepted and conveyed
across the property in a manner acceptable to the City Engineer. For all
stormwater runoff falling on the site, on-site retention or other facilities
approved by the City Engineer shall be required to contain the increased
City Council Resolution No.
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Conditions of Approval
stormwater runoff generated by the development of the property, as described
in the Preliminary Hydrology Study for this project (dated May 6, 2013) by Amir
Engineering. The volume of increased stormwater runoff due to development of
the site, and the required stormwater runoff mitigation measures for the
proposed development shall be determined upon review and approval of the
hydrology study by the City Engineer and may require redesign or changes to
site configuration or layout consistent with the findings of the final hydrology
study.
ENG 41. Construct storm drain improvements, including but not limited to catch basins,
drywells, and storm drain lines, for drainage of the on-site travel way into the
on-site underground percolation field, as described in the Preliminary Hydrology
Study (dated May 6, 2013) for this project, prepared by Amir Engineering. The
hydrology study for this project shall be amended to include catch basin sizing,
drywell sizing, storm drain pipe sizing, and underground percolation field sizing
calculations and other specifications for construction of required on-site storm
drainage improvements.
ENG 42. All on-site storm drain systems shall be privately maintained by a Homeowners
Association (HOA). Provisions for maintenance of the on-site storm drain
systems acceptable to the City Engineer shall be included in Covenants,
Conditions and Restrictions (CC&R's) required for this project.
ENG 43. The applicant shall install a series of drywells, within the underground
percolation field proposed in the development as necessary to collect and
percolate stormwater runoff, including nuisance water, from the tributary area
within the development that has drainage directed to the underground
percolation field. The drywells shall be appropriately sized to accommodate the
expected daily nuisance water, as well as runoff from ordinary storm events (2-
year storm events), unless otherwise approved by the City Engineer. Provisions
shall be included in the Covenants, Conditions and Restrictions (CC&R's) for
this development that require the routine maintenance of the drywells by the
Home Owners Association (HOA), including the right of the City to inspect and
require the HOA to remove and replace the drywells if they fail to function,
causing stagnant water to accumulate above ground within the basin. The City
shall be given the right, in the interest of the public's health, safety, and welfare,
to order the removal and replacement of drywells in the event the HOA is non-
responsive to the City's written notice, with costs to be recovered against the
HOA by the City in accordance with state and local laws and regulations.
ENG 44. 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 in accordance
with Resolution No. 15189. Fees shall be paid prior to issuance of a building
permit.
City Council Resolution No.
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Conditions of Approval
GENERAL
ENG 45. 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, 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 46. All proposed utility lines shall be installed underground.
ENG 47, In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal
Code, all existing and proposed electrical lines of thirty-five thousand volts or
less and overhead service drop conductors, and all gas, telephone, television
cable service, and similar service wires or lines, which are on-site, abutting,
and/or transecting, shall be installed underground unless specific restrictions
are shown in General Orders 95 and 128 of the California Public Utilities
Commission, and service requirements published by the utilities. The existing
overhead utilities across the north property line meet the requirement to be
installed underground. Utility undergrounding shall extend to the nearest off-site
power pole; no new power poles shall be installed unless otherwise approved
by the City Engineer. A letter from the owners of the affected utilities shall be
submitted to the Engineering Division prior to approval of a grading plan,
informing the City that they have been notified of the City's utility
undergrounding requirement and their intent to commence design of utility
undergrounding plans. When available, the utility undergrounding plan shall be
submitted to the Engineering Division identifying all above ground facilities in
the area of the project to be undergrounded. Undergrounding of existing
overhead utility lines shall be completed prior to issuance of a certificate of
occupancy.
ENG 48. 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.
City Council Resolution No.
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Conditions of Approval
ENG 49. 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 50. The original improvement plans prepared for the proposed development and
approved by the City Engineer shall be documented with record drawing "as-
built" information and returned to the Engineering Division prior to issuance of a
final certificate of occupancy. Any modifications or changes to approved
improvement plans shall be submitted to the City Engineer for approval prior to
construction.
ENG 51. 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 52. 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.
ENG 53. This property is subject to the Coachella Valley Multiple Species Habitat
Conservation Plan Local Development Mitigation fee (CVMSHCP-LDMF). The
LDMF shall be paid prior to issuance of Building Permit.
MAP
ENG 54. The existing parcels identified as Lots 25 and 26 of the Luring Sands Park map,
Map Book 20, Page 71, shall be merged. An application for a parcel merger
shall be submitted to the Engineering Division for review and approval. A copy
of a current title report and copies of record documents shall be submitted with
the application for the parcel merger. The application shall be submitted to and
approved by the City Engineer prior to issuance of building permit.
TRAFFIC
ENG 55. A minimum of 48 inches of clearance for handicap accessibility shall be
provided on public sidewalks or pedestrian paths of travel within the
development. Minimum clearance on public sidewalks (or pedestrian paths of
travel) shall be provided by either an additional dedication of a sidewalk
easement (if necessary) and widening of the sidewalk, or by the relocation of
any obstructions within the public sidewalk along the E. Tahquitz Canyon Way
and N. Cerritos Drive frontages of the subject property.
City Council Resolution No.
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Conditions of Approval
ENG 56. All damaged, destroyed, or modified pavement legends, traffic control devices,
signing, striping, and street lights, associated with the proposed development
9 P p P
shall be replaced as required by the City Engineer prior to issuance of a
Certificate of Occupancy.
ENG 57. The applicant shall install a Type R6-1 "One Way" sign within the E. Tahquitz
Canyon Way median for traffic egressing from the site, opposite the 24 feet
wide driveway, as required by the City Engineer.
ENG 58. Install a stop sign, stop bar, and "STOP" legend for traffic exiting the
development at the intersection of E. Tahquitz Canyon Way and entry driveway
in accordance with City of Palm Springs Standard Drawing Nos. 620-625 and
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, as required by the City Engineer.
ENG 59. 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 60. This property is subject to the Transportation Uniform Mitigation Fee which
shall be paid prior to issuance of building permit.
FIRE DEPARTMENT CONDITIONS
FID 1. These conditions are subject to final plan check and review. Initial fire
department conditions have been determined on the site plan dated 2/14/13.
The submitted plans do not provide enough detail. Additional requirements may
be required at that time based on revisions to site plans.
FID 2. Fire Department Conditions were based on the 2010 California Fire Code. Four
complete sets of plans for private fire service mains, fire alarm, or fire sprinkler
systems must be submitted at time of the building plan submittal.
FID 3. Public Safety CFD: The Project will bring a significant number of additional
residents to the community. The City's existing public safety and recreation
services, including police protection, criminal justice, fire protection and
suppression, ambulance, paramedic, and other safety services and recreation,
library, cultural services are near capacity. Accordingly, the City may determine
to form a Community Services District under the authority of Government Code
Section 53311 et seq, or other appropriate statutory or municipal authority.
City Council Resolution No.
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Conditions of Approval
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.
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 20 feet and an unobstructed
vertical clearance of not less than 13'6". Fire Department access roads shall
have an all-weather driving surface and support a minimum weight of 73,000
lbs.
FID 5. Fire Department Access: Fire Department Access Roads shall be provided
and maintained in accordance with (Sections 503 CFC)
Minimum Access Road Dimensions:
1. Fire apparatus access roads shall have an unobstructed width of not less
than 20 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 is required for this project, unless otherwise
allowed by the City engineer. No parking shall be allowed in either side of
the roadway. The private driveway from Simms Road to San Rafael
Road is designated at a fire lane.
FID 6. 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 is replaced or repaired when necessary to
provide adequate visibility.
FID 7. Reduced Roadway Width: Areas with reduced roadway width at entry and
exit gates, entry and exit approach roads, traffic calming areas that are under
36 feet wide require red painted curb to maintain minimum 24 foot clear width.
Red curb shall be stenciled "NO PARKING" and "FIRE LANE" with white paint.
FID 8. Fire Apparatus Access Gates (8.04.260 PSMC): Entrance gates shall have a
clear width of at least 15 feet and be equipped with a frangible chain and
padlock during construction.
City Council Resolution No.
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Conditions of Approval
FID 9. 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 (45 720 mm) 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 10. Dimensions (CFC 503.2.1): Fire apparatus access roads shall have an
unobstructed width of not less than 24 feet except for approved security gates
in accordance with Section 503.6 and an unobstructed vertical clearance of not
less than 13 feet 6 inches.
FID 11. 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. GVW)
and shall be surfaced so as to provide all-weather driving capabilities.
FID 12. Turning radius (CFC 503.2.4): The required turning radius of a fire apparatus
access road shall be determined by the fire code official. Fire access road
turns and corners shall be designed with a minimum inner radius of 25 feet and
an outer radius of 43 feet. Radius must be concentric.
FID 13. Premises Identification (CFC 505.1): New and existing buildings shall have
approved address numbers, building numbers or approved building
identification placed in a position that is plainly legible and visible from the
street or road fronting the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numerals or alphabet letters.
Numbers shall be a minimum of 4" high with a minimum stroke width of 0.5".
FID 14. Key Box Required to be Installed (CFC 506.1): Where access to or within a
structure or an area is restricted because of secured openings or where
immediate access is necessary for life-saving or fire-fighting purposes, the fire
code official is authorized to require a key box to be installed in an approved
location.
FID 15. Location of Knox boxes: A Knox box shall be installed at every locked gate.
Boxes shall be mounted at 5 feet above grade. Show location of boxes on plan
elevation views. Show requirement in plan notes. All man gates shall be
included.
FID 16. Operational Fire Hydrant(s) (CFC 508.1, 508.5.1 & 1412.1): Operational fire
hydrant(s) shall be installed within 250 feet of all combustible construction.
They shall be installed and made serviceable prior to and during construction.
No landscape planting, walls, or fencing is permitted within 3 feet of fire
hydrants, except ground cover plantings.
City Council Resolution No.
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Conditions of Approval
FID 17. Fire Flow (CFC 508.3): Fire flow requirements for buildings or portions of
buildings and facilities are estimated to be 1,500 GPM with the installation of
fire sprinklers based on Appendix B of the 2010 CFC.
FID 18. Identification (CFC 510.1): Fire protection equipment shall be identified in an
approved manner. Rooms containing controls for air-conditioning systems,
sprinkler risers and valves, or other fire detection, suppression or control
elements shall be identified for the use of the fire department. Approved signs
required to identify fire protection equipment and equipment location, shall be
constructed of durable materials, permanently installed and readily visible.
FID 19. NFPA 13D Sprinkler System Required (903.2.8): An automatic sprinkler
system installed in accordance with Section 903.3 shall be provided throughout
all buildings with a Group R fire area.
FID 20. Audible Water Flow Alarms (CFC 903.4.2): An approved audible sprinkler
flow alarm (Wheelock horn/strobe # MT4-115-WH-VFR with WBB back box or
equal) shall be provided on the exterior of the building in an approved location.
An approved audible sprinkler flow alarm (Wheelock horn/strobe # MT4-115-
WH-VFR with WBB back box or equal) to alert the occupants shall be provided
in the interior of the building in a normally occupied location.
FID 21. Valve and Water-Flow Monitoring (CFC 903.4): All valves controlling the fire
sprinkler system water supply, and all water-flow switches, shall be electrically
monitored. All control valves shall be locked in the open position. Valve and
water-flow alarm and trouble signals shall be distinctly different and shall be
automatically transmitted to an approved central station.
FID 22. Fire Alarm System: Fire alarm system is required and installation shall
comply with the requirements of NFPA 72, current edition.
FID 23. Portable Fire Extinguisher (CFC 906.1): Portable fire extinguishers shall be
installed. Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of
floor or grade travel distance for normal hazards.
FID 23 Residential Smoke and Carbon Monoxide Alarms Installation with Fire
Sprinklers (CFC 907.2.10.1.2, 907.2.10.2 & 907.2.10.3; CRC R315): Provide
and install Residential Smoke and Carbon Monoxide Alarms (Kidde SM120X
Relay / Power Supply Module connected to multi-station Kidde smoke and
carbon monoxide alarms or equal system and fire sprinkler flow switch).
Alarms shall receive their primary power from the building wiring, and shall be
equipped with a battery backup. In new construction, alarms shall be
interconnected so that operation of any smoke alarm, carbon monoxide alarm
or fire sprinkler flow switch causes all smoke and carbon monoxide alarms
within the dwelling to sound and activate the exterior horn/strobe.
City Council Resolution No.
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Conditions of Approval
The wiring of this system shall be in accordance with Kidde SM120X Relay /
Power Supply Module manual and Figure 2 (see attached). The 120 volt device
wired to turn on when alarm sounds is the exterior horn / strobe. The pull for fire
device is the fire sprinkler flow switch.
FID 24 Additional Residential Smoke Alarm Requirements (NFPA 72: 29.5.1.3):
Where the interior floor area for a given level of a dwelling unit, excluding
garage areas, is greater than 1,000 Sq. Ft., the additional requirements are that
all points on the ceiling shall have:
A smoke alarm within a distance of 30 ft. travel distance or
An equivalent of one smoke alarm per 500 Sq. Ft. of floor area.
One smoke alarm per 500 Sq. Ft. is evaluated by dividing the total interior
square footage of floor area per level by 500 Sq. Ft.
FID 25 Carbon Monoxide Alarm or Detector Locations (NFPA 720: 9.4.1.1 &
9.4.1.2; CRC R315.3): Carbon monoxide alarms or detectors shall be installed
as follows:
(1) Outside of each separate dwelling unit sleeping area in the immediate
vicinity of the bedrooms
(2) On every occupiable level of a dwelling unit, including basements,
excluding attics and crawl spaces
(3) Other locations where required by applicable laws, codes, or standards
Each alarm or detector shall be located on the wall, ceiling, or other
location as specified in the manufacturer's published instructions that
accompany the unit.
END OF CONDITIONS
City Council Staff Report
March 19, 2014—Page 2
Case No. TPM 36715—Sofia Condominiums
On November 6, 2013, the City Council adopted Resolution 23454 adopting a Negative
Declaration and approving an amendment to the 2007 General Plan changing the land
use designation from "Office" to "Medium Density Residential".
On February 26, 2014, the Planning Commission reviewed and recommended approval
of TTM 36715 for a Tentative Tract Map resulting in one lot equaling 35,672-square feet
for the purpose of a nine (9) unit condominium project consisting of three, one-story
buildings on common ground known as the Sofia Condominiums. The Planning
Commission recommended that a previously approved Condition of Approval regarding
the undergrounding of utilities (Engineering Condition #47) remain.
BACKGROUND:
��r �r >•_ F , ear
9/25/2013 Planning Commission approves a Major Architectural application for the
development of a 9-unit condominium complex; a Negative Declaration;
and recommends approval to the City Council for a General Plan
amendment changing the land use designation from "Office" to "Medium
Density Residential"
11/6/2013 City Council approves General Plan Amendment changing the parcel
land use designation from "Office" to "Medium Density Residential", and
adopting a Negative Declaration.
2/26/2014 Planning Commission conducts a public hearing for TTM 36715
resulting in one lot equaling 35,672-square feet for the purpose of a nine
(9) unit condominium project consisting of three, one-story buildings on
common ground known as the Sofia Condominiums.
—_
2012 Gerard and Janet Biegel
2113/2014 Email notification was sent to representatives of Movie Colony East, and
5unmor Neighborhood Organizations
Ilia
February
February 2014 Staff visited site to observe existing conditions
3/4/2014 Notice sent to all property owners within 500 feet of subject site
Site Area
Net Area 35,672-square feet— Parcel 1
2
City Council Staff Report
March 19, 2014—Page 3
Case No. TPM 36715—Sofia Condominiums
.-.� -.v a.•. , , — ..E yy -r=a 4. .c"
Subject FMDR (Medium Density Multi-Family R-2 (Multi-Family
Property Residential) Residential - Vacant Residential
North VLDR (Very Low Single-Family R-1-C
Density Residential Residential
South O Office Office R-2
East O (Office) Office R-2
West O (Office) Office R-2
DEVELOPMENT STANDARDS: Proposed Condominium Development
Analysis of proposed project against the Development Standards of the Zone
R-2 Zone (PSZC 92.03.03) Proposed Project
Required
Lot Area Minimum 20,000 sf 35,766 square feet (conforms)
Lot Width 170 feet (siding on a major 179 feet (conforms)
street)
Lot Depth 150 feet 489 feet (conforms)
Front Yard 25 feet 25 feet conforms
Street Side Yard Special Setback on Tahquitz 75 feet (conforms)
75 feet from Center of
Roadway
Interior Side Yard 10 feet 10 feet (conforms)
Rear Yard 10 feet 10 feet conforms
Building Height 24 feet and 2 stories 13 feet and 1 story (conforms)
max.
Building Min 50% of lot must be 54% (conforms)
Coverage max.) usable landscaped area
Covered off-street 1 covered space per unit 13 spaces covered (conforms)
Parkin
Dwelling size Minimum 3,000 net square 35,766 and 9 units 3,974 sf of net
feet of lot area per dwelling site area/unit (conforms)
unit.
Perimeter Walls Max 6 ft, less than 60% of lot 5'-4" masonry at front yards, less
length, masonry or dec. metal than 60% of lot length (conforms)
6 ft high wall bet. R-1 and R-2 6 ft high wall bet. R-2 and R-2
conforms
Projections into Eaves may project 4 inches/ft Eaves project 2 ft at bldg., and 3
setbacks of setback; max 4 ft in front feet at carport covers (conforms)
and
3
City Council Staff Report
March 19, 2014—Page 4
Case No. TPM 36715—Sofia Condominiums
PROJECT DESCRIPTION:
The applicant is seeking approval for a Tentative Tract Map to one (1) lot equaling
35,672-square feet in size for the purpose of a nine (9) unit condominium project.
Previously the Planning Commission approved Case 3.3625 MAJ for the construction of
three buildings containing nine (9) condominium units. The City Council approved a
General Plan Amendment (Case 5.1299 GPA) to change the land use designation to
MDR (Medium Density Residential) and adopted a Negative Declaration for the project.
The California Subdivision Map Act requires that a Tentative Tract Map be adopted for
condominium map purposes by the local governing body. Section 9.62.020 of the Palm
Springs Municipal Code states "any form of community ownership, shall be approved
only if the proposed condominium use of the property will be in conformity with the
General Plan and lawfully constructed in accordance with the applicable zoning
regulations". The approval of the General Plan Amendment, the Major Architectural
Application, and adoption of the Negative Declaration clears the way for approval of the
Tentative Tract Map application.
ANALYSIS:
Tentative Tract Map
Findings are required for the proposed subdivision pursuant to Section 66474 of the
California Subdivision Map Act. If any of these findings are not met, the City shall deny
approval:
a. That the proposed Tentative Parcel Map is consistent with all applicable
general and specific plans.
The TTM proposes one (1) lot equaling 35,672-square feet for the purpose of a nine (9)
unit condominium project. The proposed development consists of six, two-bedroom
units and three one-bedroom units in three buildings. The three buildings are attached
to one another with small roofs spanning between them and thus, for zoning purposes
are evaluated as one building. The proposed use meets the density requirement for
Medium Density Residential (MDR) consistent with the General Plan land use
designation, and this finding has been met.
b. The design and improvements of the proposed Tentative Tract Map are
consistent with the zone in which the property is located.
The proposed subdivision is consistent with the R-2 zone in which the property is
located. The Tentative Tract Map will consist of one lot equaling 35,672-square feet.
The design of the proposed condominium development is consistent with the applicable
zoning and the finding has been met.
4
City Council Staff Report
March 19, 2014— Page 5
Case No. TPM 36715—Sofia Condominiums
c. The site is physically suited for this type of development.
The proposed development on a vacant flat lot will have access to two public streets.
The surrounding neighborhood is a mix of residential properties, office buildings and
other commercial establishments. Site modifications include the placement of new
sidewalks, a complex perimeter wall, with new building construction consisting of one-
story buildings. The site is physically suited for this type of development and the
finding has been met.
d. The site is physically suited for the proposed density of development.
The proposed nine (9) unit condominium project on a 35,672-square foot lot is consistent
with the allowable density of 6.1 — 15 dwelling units per acre in the MDR General Plan
designation. In addition, the R-2 zone requires 3,000-square feet per dwelling unit which
is within the zone density requirement.
e. The design of the subdivision is not likely to cause environmental damage or
substantially and avoidably injure fish, wildlife, or their habitats.
The Tentative Tract Map associated with Cases 3.3625 and 5.1299 GPA have been
reviewed under the California Environmental Quality Act, and deemed a project. An initial
study has been conducted and the City has concluded that there are no significant impacts
caused by the proposed project. A Negative Declaration has been adopted.
f. The design of the subdivision or type of improvements is not likely to cause
serious public health problems.
The design of the proposed condominium complex includes connections to all public
utilities including water and sewer systems. The private driveways from East Tahquitz
Canyon Way and North Cerritos Drive will provide access to the subject lot. Pedestrian
access will connect the Sofia Condominiums to existing sidewalks.
g. The design of the subdivision or type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of the
property within the proposed subdivision.
There are no known public easements across the subject property; therefore the design of
the subdivision will not conflict with easements for access through or use of the property.
Any utility easements can be accommodated within the project design.
ENVIRONMENTAL DETERMINATION:
The subject application has been evaluated and deemed a project under the guidelines
of the California Environmental Quality Act (CEQA). An initial study has been
conducted and the City has concluded that there are no significant impacts caused by
5
City Council Staff Report
March 19, 2014— Page 6
Case No. TPM 36715—Sofia Condominiums
the proposed project. A Negative Declaration was adopted by the City Council on
November 6, 2013.
FISCAL IMPACT:
No fiscal impact.
M. Ma o Wh eler, AICP David H. Ready, City
Director of Planning Services
Attachments:
1. 500' Vicinity Map
2. Draft Resolution
3. Planning Commission Resolution # 6386
4. Conditions of Approval
5. City Council Staff Report 11/6/2013
6. City Council Minutes 11/6/2013
7. Planning Commission Staff Report 9/2 512 0 1 3
8. Planning Commission Staff Report 2/26/2014
9. Planning Commission Minutes 2/26/14
10. TTM 36715
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CITY OF PALM SPRINGS
CASE : TTM 36715 DESCRIPTION: A Tentative Tract Map (TTM) to
create a one lot, condominium map of nine (9)
APPLICANT: Gerard and Janet units located at 100 North Cerritos Drive, Zone
Biegel R-2, Section 13.
7
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA FOR APPROVAL OF CASE
TTM 36715, A TENTATIVE TRACT MAP OF ONE (1) LOT
EQUALING 35,672-SQUARE FEET FOR THE PUROSE OF
A NINE (9) UNIT CONDOMINIUM PROJECT CONSISTING
OF THREE BUILDINGS ON COMMON GROUND
LOCATED AT 100 NORTH CERRITOS ROAD, ZONE R-2,
SECTION 13, APN 502-075-001, 002
WHEREAS, Gerard and Janet Biegel ("the applicant") has filed an application with the
City pursuant to Chapter 9.62 of the City's Municipal Code (Maps) and Section 66474
of the State of California Subdivision Map Act, for a Tentative Tract Map proposing to
subdivide one large lot into two lots; and
WHEREAS, the applicant submitted an application to Title 9 of the Palm Springs
Municipal Code and Section 66474 of the California Subdivision Map Act for Tentative
Tract Map 36715; and
WHEREAS, a notice of public hearing of the Planning Commission of the City of Palm
Springs to consider Case TPM 36715 was given in accordance with applicable law; and
WHEREAS, on February 26, 2014, a public meeting on Case TTM 36715 was held by
the Planning Commission in accordance with applicable law; and
WHEREAS, at said meeting the Planning Commission carefully reviewed and
considered all of the evidence presented in connection with the hearing on the project,
including, but not limited to, the Staff report, and all written and oral testimony
presented and voted 6-1 to recommend approval of the Tentative Tract Map by
Resolution, subject to Conditions of Approval; and
WHEREAS, City has evaluated the project pursuant to the guidelines of the California
Environmental Quality Act (CEQA) and determined that the project is Categorically
Exempt from further analysis pursuant to Section 15315 of the CEQA guidelines (Minor
Land Divisions); and
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to
consider TTM 36715 was given in accordance with applicable law; and
WHEREAS, the City Council has carefully reviewed and considered all of the evidence
presented in connection with the hearing 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 RESOLVE
AS FOLLOWS:
8
Resolution No.
Page 2
Section 1: Pursuant to the California Environmental Quality Act (CEQA) Guidelines,
the City Council adopts a Class 15 Categorical Exemption (Minor Land
Division) for the proposed tract map.
Section 2: Pursuant to Municipal Code Chapter 9.64 (Maps) and the State of
California Subdivision Map Act Section 66474, the City Council finds as
follows:
a. That the proposed Tentative Tract Map is consistent with all applicable general
and specific plans.
The TTM proposes one (1) lot equaling 35,672-square feet for the purpose of a nine (9)
unit condominium project. The proposed development consists of six, two-bedroom
units and three one-bedroom units in three buildings. The three buildings are attached
to one another with small roofs spanning between them and thus, for zoning purposes
are evaluated as one building. The proposed use meets the density requirement for
Medium Density Residential (MDR) consistent with the General Plan land use
designation, and this finding has been met.
b. The design and improvements of the proposed Tentative Parcel Map are
consistent with the zone in which the property is located.
The proposed subdivision is consistent with the R-2 zone in which the property is
located. The Tentative Tract Map will consist of one lot equaling 35,672-square feet.
The design of the proposed condominium development is consistent with the applicable
zoning and the finding has been met.
c. The site is physically suited for this type of development.
The proposed development on a vacant flat lot will have access to two public streets.
The surrounding neighborhood is a mix of residential properties, office buildings and
other commercial establishments. Site modifications include the placement of new
sidewalks, a complex perimeter wall, with new building construction consisting of one-
story buildings. The site is physically suited for this type of development and the
finding has been met.
d. The site is physically suited for the proposed density of development.
The proposed nine (9) unit condominium project on a 35,672-square foot lot is consistent
with the allowable density of 6.1 — 15 dwelling units per acre in the MDR General Plan
designation. In addition, the R-2 zone requires 3,000-square feet per dwelling unit which
is within the zone density requirement.
e. The design of the subdivision is not likely to cause environmental damage or
substantially and avoidably injure fish, wildlife, or their habitats.
9
Resolution No.
Page 3
The Tentative Tract Map associated with Cases 3.3625 and 5.1299 GPA have been
reviewed under the California Environmental Quality Act, and deemed a project. An initial
study has been conducted and the City has concluded that there are no significant
impacts caused by the proposed project. A Negative Declaration has been adopted.
f. The design of the subdivision or type of improvements is not likely to cause
serious public health problems.
The design of the proposed condominium complex includes connections to all public
utilities including water and sewer systems. The private driveways from East Tahquitz
Canyon Way and North Cerritos Drive will provide access to the subject lot. Pedestrian
access will connect the Sofia Condominiums to existing sidewalks.
g. The design of the subdivision or type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of the
property within the proposed subdivision.
There are no known public easements across the subject property; therefore the design
of the subdivision will not conflict with easements for access through or use of the
property. Any utility easements can be accommodated within the project design.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council hereby approves Case TTM 36715 a Tentative Tract Map of one (1) lot
equaling 35,672-square feet for the purpose of a nine (9) unit condominium project at
100 North Cerritos Road; subject to the attached conditions set forth in Exhibit A.
ADOPTED this 19th day of March 2014.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
10
Resolution No.
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, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
11
r
i RESOLUTION NO. 6386
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL APPROVE
TENTATIVE TRACT MAP 36715 OF ONE (1) LOT
EQUALING 35,672-SQUARE FEET FOR THE PURPOSE
OF A NINE (9) UNIT CONDOMINIUM PROJECT AND
ADOPTING A NEGATIVE DECLARATION FOR THE SOFIA
CONDOMINIUMS LOCATED AT 100 NORTH CERRITOS
ROAD, ZONE R-2, SECTION 13
WHEREAS, Gerard and Janet Biegel ("the applicant") has filed an application with the
City pursuant to Chapter 9.62 of the City's Municipal Code (Maps) and Section 66474
lot; and
of the State of California Subdivision Map Act, for a Tentative Tract Map proposing one
WHEREAS, a notice of public hearing for Case TTM 36715 was given in accordance
with applicable law; and
WHEREAS, on February 26, 2014, a public meeting on Case TTM 36715 was held by
the Planning Commission in accordance with applicable law; and
WHEREAS, City has evaluated the application and deemed the request a project
pursuant to the guidelines of the California Environmental Quality Act (CEQA). An initial
study has been conducted and the City has concluded that there are no significant
impacts caused by the proposed project and a Negative Declaration has been adopted
by the City Council on November 6, 2013; and
WHEREAS, the Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with the hearing on the project, including, but not
limited to, the staff report, and all written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: A Negative Declaration (ND) has been completed in compliance with
CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The
Planning Commission reviewed the initial study and concluded that there
are no significant impacts caused by the proposed project. The Planning
Commission independently reviewed and considered the information prior
to its review of this Tentative Tract Map application and the ND reflects
the Planning Commission's independent judgment and analysis.
Section 2: Pursuant to Municipal Code Chapter 9.64 (Maps) and the State of
California Subdivision Map Act Section 66474, the Planning Commission
finds as follows:
12
Planning Commission Resolution No. 6386 February 26, 2014
Case TPM 36715 Page 2 of 3
a. That the proposed Tentative Tract Map is consistent with all applicable general
and specific plans.
The TTM proposes one (1) lot equaling 35,672-square feet for the purpose of a nine (9)
unit condominium project. The proposed development consists of six, two-bedroom
units and three one-bedroom units in three buildings. The three buildings are attached
to one another with small roofs spanning between them and thus, for zoning purposes
are evaluated as one building. The proposed use meets the density requirement for
Medium Density Residential (MDR) consistent with the General Plan land use
designation, and this finding has been met.
b. The design and improvements of the proposed Tentative Parcel Map are
consistent with the zone in which the property is located.
The proposed subdivision is consistent with the R-2 zone in which the property is
located. The Tentative Tract Map will consist of one lot equaling 35,672-square feet.
The design of the proposed condominium development is consistent with the applicable
zoning and the finding has been met.
c. The site is physically suited for this type of development.
The proposed development on a vacant flat lot will have access to two public streets.
The surrounding neighborhood is a mix of residential properties, office buildings and
other commercial establishments. Site modifications include the placement of new
sidewalks, a complex perimeter wall, with new building construction consisting of one-
story buildings. The site is physically suited for this type of development and the
finding has been met.
d. The site is physically suited for the proposed density of development.
The proposed nine (9) unit condominium project on a 35,672-square foot lot is consistent
with the allowable density of 6.1 — 15 dwelling units per acre in the MDR General Plan
designation. In addition, the R-2 zone requires ',000-square feet per dwelling unit which
is within the zone density requirement.
e. The design of the subdivision is not likely to cause environmental damage or
substantially and avoidably injure fish, wildlife, or their habitats.
The Tentative Tract Map associated with Cases 3.3625 and 5.1299 GPA have been
reviewed under the California Environmental Quality Act, and deemed a project. An initial
study has been conducted and the City has concluded that there are no significant
impacts caused by the proposed project. A Negative Declaration has been adopted.
f. The design of the subdivision or type of improvements is not likely to cause
serious public health problems.
The design of the proposed condominium complex includes connections to all public13
Planning Commission Resolution No. 6386 February 26, 2014
Case TPM 36715 Page 3 of 3
utilities including water and sewer systems. The private driveways from East Tahquitz
Canyon Way and North Cerritos Drive will provide access to the subject lot. Pedestrian
access will connect the Sofia Condominiums to existing sidewalks.
g. The design of the qubdivision or type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of the
property within the proposed subdivision.
There are-ho knw9rti pTiblic easements across the subject property; therefore the design
of the subdivisicia-will not conflict with easements for access through or use of the
property. Any utility easements can be accommodated within the project design.
NOW, THEREFORE,`BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby recommends that the City Council approves Case TTM 36715 a
Tentative Tract Map of one (1) lot equaling 35,672-square feet for the purpose of a nine
(9) unit condominium project at 100 North Cerritos Road; subject to the attached
conditions set forth in Exhibit A.
ADOPTED this 26th day of February 2014.
AYES: 6, Commissioner Klatchko, Commissioner Lowe, Commissioner
Roberts, Commissioner Weremiuk, Vice-Chair Hudson and Chair
Donenfeld
NOES: 1, Commissioner Calerdine
ABSENT: None
ABSTAIN: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
\Vb
rgo her'ler, AICP
Director of Planning Services
14
RESOLUTION NO. 6386
EXHIBIT A CITY OF PALM SPRINGS
Tentative Tract Map 36715 APPROVED BY PLANNING COMMISSION
Case 3.3625 MAJ / 5.1299 GPAase# -s6ig 1 s- Date a I_ '_yInitial
Nine-unit condominium at the Northeast CornerPof OVED BY CITY COUNCIL
Tahquitz Canyon Way and North Cerrited—Date Initial
Resolution# Oromance P
February 26, 2014 APPROVAL SUBJECT TO ALL REQUIRED
CONDITIONS OF APPROVAL CONDITIONS BY ABOVE BODIES
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. Project Description. This approval is for the project described per Case
3.3625 MAJ / 5.1299 GPA and TTM 36715; except as modified with the
approved Mitigation Monitoring Program and the conditions below;
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped February 14, 2013,
including site plans, architectural elevations, exterior materials and colors,
landscaping, and grading on file in the Planning Division except as modified
by the approved Mitigation Measures and 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. Indemnification. 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
15
Planning Commission Resolution No. 6386
Case TTM 36715&3.3625 MAJ/5.1299 GPA—Nine-unit Condominium at Tahquitz and Cerritos Page 2 of 23
Conditions of Approval
Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case TTM 36715 & 3.3625 MAJ / 5.1299 GPA. 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 6. 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 7. Time Limit on Approval. Approval of the Major Architectural Application
(MAJ) shall be valid for a period of two (2) years from the effective date of the
approval. Extensions of time may be granted by the Planning Commission
upon demonstration of good cause.
ADM 8. 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 9. 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
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
16
ti t �
Planning Commission Resolution No. 6386
Case TTM 36715&3.3625 MAJ/5.1299 GPA— Nine-unit Condominium at Tahquitz and Cerritos Page 3 of 23
conditions of Approval
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 10. 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 11. Comply with City Noise Ordinance. This use shall comply with the provisions
of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code.
Violations may result in revocation of this Conditional Use Permit.
ADM 12. CC&R's The applicant prior to issuance of building permits shall submit a
draft declaration of covenants, conditions and restrictions ("CC&R's") to the
Director of Planning 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
amended without City approval, and shall require maintenance of all property
in a good condition and in accordance with all ordinances
ADM 13. CC&R's.
ADM 22. CC&R's. Prior to recordation of a final Tentative 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.
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Conditions of Approval
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 23. 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
ADM 24. CC&R's Noise Disclosure. The CC&R's shall have a disclosure statement
regarding the location of the project relative to roadway noise, City special
events, roadway closures for special events and other activities which may
occur in the Central Business District, Desert Museum and Desert Fashion
Plaza. Said disclosure shall inform perspective buyers about traffic, noise and
other activities which may occur in this area.
ADM 25. Notice to Tenants. The applicant shall provide all tenants with a copy of the
Conditions of Approval for this project.
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. California Fish & Game Fees Required. The project is required to pay a fish
and game impact fee as defined in Section 711.4 of the California Fish and
Game Code. This CFG impact fee plus an administrative fee for filing the
action with the County Recorder shall be submitted by the applicant to the
City in the form of a money order or a cashier's check payable to the
Riverside County Clerk prior to the final City action on the project (either
Planning Commission or City Council determination). This fee shall be
submitted by the City to the County Clerk with the Notice of Determination.
Action on this application shall not be final until such fee is paid. The project
may be eligible for exemption or refund of this fee by the California
Department of Fish & Game. Applicants may apply for a refund by the CFG
at www.dfg.ca.gov for more information.
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Conditions of Approval
ENV 3. Cultural Resource Survey Required. Prior to any ground disturbing activity,
including clearing and grubbing, installation of utilities, and/or any
construction related excavation, an Archaeologist qualified according to the
Secretary of the Interior's Standards and Guidelines, shall be employed to
survey the area for the presence of cultural resources identifiable on the
ground surface.
ENV 4. Cultural Resource Site Monitoring. There is a possibility of buried cultural or
Native American tribal resources on the site. A Native American Monitor shall
be present during all ground-disturbing activities. (check for duplication in
engineering conditions)
a. A Native American Monitor(s) shall be present during all ground
disturbing activities including clearing and grubbing, excavation, burial of
utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of
Cahuilla Indian Cultural Office for additional information on the use and
availability of Cultural Resource Monitors. Should buried cultural deposits
be encountered, the Monitor shall contact the Director of Planning. After
consultation the Director shall have the authority to halt destructive
construction and shall notify a Qualified Archaeologist to further
investigate the site. If necessary, the Qualified Archaeologist shall
prepare a treatment plan for submission to the State Historic Preservation
Officer and Agua Caliente Cultural Resource Coordinator for approval.
b. Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record
search results and site records/updates shall be forwarded to the Tribal
Planning, Building, and Engineering Department and one copy to the City
Planning Department prior to final inspection.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a
photometric site plan showing the project's conformance with Section
93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance,
shall be submitted for approval by the Department of Planning prior to
issuance of a building permit. Manufacturer's cut sheets of all exterior lighting
on the building and in the landscaping shall be included. 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
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Conditions of Approval
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 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. Palm Tree Requirement. In accordance with Planning Commission
Resolution No. 1503, dated November 18, 1970, the developer is required to
plant Washingtonia Fillifera (California Fan) palm trees (14 feet from ground
to fronds in height) 60 feet apart along the entire frontage of Palm Canyon
Drive and/or Tahquitz Canyon Way median. (for projects on Palm Canyon or
Tahquitz Canyon Way).
PLN 4. 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. The applicant shall submit a sign program to
the Department of Planning Services prior to the issuance of building permits.
PLN 5. 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 6. Maintenance of Awnings & Proiections. All awnings shall be maintained and
periodically cleaned.
PLN 7. 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 8. Surface Mounted Downspcuts Prohibited. No exterior downspouts shall be
permitted on any facade on the proposed building(s) that are visible from
adjacent streets or residential and commercial areas.
PLN 9. Pool Enclosure Approval Required. Details of fencing or walls around pools
(material and color) and pool equipment areas shall be submitted for approval
by the Planning Department prior to issuance of Building Permits.
PLN 10. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 11. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
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Conditions of Approval
PLN 12. No off-site Parking. Vehicles associated with the operation of the proposed
development including company vehicles or employees vehicles shall not be
permitted to park off the proposed building site unless a parking management
plan has been approved.
PLN 13. Bicycle Parking. The project shall be required to provide secure bicycle
parking facilities on site for use by residents and commercial/retail patrons
and owners. Location and design shall be approved by the Director of
Planning.
PLN 14. Prior to recordation of the final subdivision map, the developer shall submit for
review and approval the following documents to the Planning Department
which shall demonstrate that the project will be developed and maintained in
accordance with the intent and purpose of the approved tentative map:
a. The document to convey title.
b. Deed restrictions, easements, covenant conditions and restrictions that
are to be recorded.
c. The approved documents shall be recorded at the same time that the
subdivision map is recorded. The documents shall contain provisions for
joint access to the proposed parcels and open space restrictions. The
approved documents shall contain a provision which provides that they
may not be terminated or substantially amended without the consent of
the City and the developer's successor-in-interest.
PLN 15. (add any additional conditions imposed by the Planning Commission or City
Council here)
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.
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Conditions of Approval
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
GENERAL
1. All requirements and improvements identified in Exhibit A (Conditions
of Approval) of City Council Resolution No. 23454 adopted November
6, 2013, for Case No. 3.3625 MAJ / 5.1299 GPA, are incorporated
herein by reference.
STREETS
ENG I . Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
ENG 2. Submit street improvement plans prepared by a registered California civil
engineer to the Engineering Division. The plan(s) shall be approved by the City
Engineer prior to issuance of any building permits.
ENG 3. The applicant shall be required to construct asphalt concrete paving for the on-
site travel way in two separate lifts. The final lift of asphalt concrete pavement
shall be postponed until such time that on-site construction activities are
complete, as may be determined by the City Engineer. Paving of the on-site
travel way in one lift prior to completion of on-site construction will not be
allowed, unless prior authorization has been obtained from the City Engineer.
Completion of asphalt concrete paving for travel ways prior to completion of
on-site construction activities, if authorized by the City Engineer, will require
additional paving requirements prior to acceptance of the street improvements,
including, but not limited to: removal and replacement of damaged asphalt
concrete pavement, overlay, slurry seal, or other repairs, as required by the
City Engineer.
E. TAHQUITZ CANYON WAY
ENG 4. Remove existing street improvements as necessary to reconstruct the east half
of a 6 feet wide cross gutter and spandrel at the northeast corner of the
intersection of E. Tahquitz Canyon Way and E. Cerritos Drive with a flow line
parallel with and located 41 feet north of the centerline of E. Tahquitz Canyon
Way in accordance with City of Palm Springs Standard Drawing No. 200 and
206.
ENG 5. Construct a minimum 24 feet wide driveway approach located approximately 25
feet west of the east property line in accordance with City of Palm Springs
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Conditions of Approval
Standard Drawing No. 201. The driveway shall have right-turn ingress and
right-turn egress access only.
ENG 6. In accordance with Planning Commission Resolution No. 1503, dated
November 18, 1970, Washingtonia Fiiifera (California fan palm) palm trees with
tree wells (14 feet from ground to fronds in height) shall be planted
approximately 60 feet apart along the entire frontage of Tahquitz Canyon Way
with the exact number to be determined by the City Engineer based upon final
site layout. The minimum trunk diameter and tree height shall be consistent
with palm trees along E. Tahquitz Canyon Way in the vicinity; palm trees
selected by the applicant shall be pre-approved by the City Engineer prior to
planting. The applicant shall be responsible for installation of an irrigation and
lighting system and for the perpetual maintenance of the new palm trees and
other parkway landscaping along the Tahquitz Canyon Way frontage to the
satisfaction of the City Engineer. Note that palm tree maintenance includes
shearing off of dead palm fronds in compliance with City palm tree trimming
policy.
ENG 7. All broken or off grade street improvements along the project frontage shall be
repaired or replaced.
E. CERRITOS DRIVE
ENG 8. Construct a 6 inch curb and gutter, 20 feet east of centerline along the entire
frontage that matches existing curb return at the northeast corner of the
intersection of E. Tahquitz Canyon Way and E. Cerritos Drive in accordance
with City of Palm Springs Standard Drawing No. 200.
ENG 9. Construct driveway approach to accommodate bay parking stalls along the E.
Cerritos Drive frontage in accordance with City of Palm Springs Standard
Drawing No. 201. The proposed driveway approach shall be located
approximately 130 feet north of the south property line. Bay parking stalls shall
be located completely on-site, behind sidewalk, and not within public right-of-
way.
ENG 10. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210.
ENG 11. 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 clean saw cut edge of pavement along the entire E. Cerritos
Drive 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
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Conditions of Approval
Engineer using "R" values from the project site and submitted to the City
Engineer for approval.
ENG 12. All broken or off grade street improvements along the project frontage shall be
repaired or replaced.
ON-SITE
ENG 13. Dedicate an easement for the right of ingress and egress for service and
emergency vehicles and personnel over the proposed private travel way.
ENG 14. The on-site drive aisle shall be two-way with a minimum 24 feet wide travel way
(as measured from face of curb) where no on-street parking is proposed.
ENG 15. For on-site bay parking in residential and commercial zones, paving material
shall be decorative paving, colored and/or patterned to relate to the overall
design in accordance with Zoning Code 93.06.00.C.15.e. All bay parking
spaces on E. Cerritos Drive shall be constructed on-site.
ENG 16. An accessible pedestrian path of travel shall be provided throughout the
development, as may be required by applicable state and federal laws. An
accessible path of travel shall be constructed of Portland cement concrete,
unless alternative materials meeting state and federal accessibility standards is
approved by the City Engineer.
ENG 17. The minimum pavement section for all on-site pavement (drive aisles and
parking spaces) shall be 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. 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.
SANITARY SEWER
ENG 18. All sanitary facilities shall be connected to the public sewer system via the
proposed on-site private sewer system. New laterals shall not be connected at
manholes.
ENG 19. All on-site sewer systems shall be privately maintained by a Home Owners
Association (HOA). Provisions for maintenance of the on-site sewer system
acceptable to the City Engineer shall be included in the Covenants, Conditions
and Restrictions (CC&R's) required for this project.
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Conditions of Approval
ENG 20. Submit sewer improvement plans prepared by a California registered civil
engineer to the Engineering Division. The plan(s) shall be approved by the City
Engineer prior to issuance of any building permits.
ENG 21. Applicant shall connect to the existing public sewer mainline located
approximately 7.5 feet north of the north right-of-way of E. Tahquitz Canyon
Way and extend the 8 inch VCP sewer main to the project site located
approximately 100 feet to the west from the existing terminus that is
approximately aligned with S. Cerritos Drive. No laterals shall be connected at
manholes, but shall be connected in accordance with City of Palm Springs
Standard Drawing No. 405.
ENG 22. All sewer mains constructed by the developer and to become part of the City
sewer system shall be digitally video recorded by the City prior to acceptance of
the sewer system for maintenance by the City. Any defects of the sewer main
shall be removed, replaced, or repaired to the satisfaction of the City Engineer
prior to acceptance.
ENG 23. Upon completion of the construction of public sewer lines, an as-built drawing in
digital format shall be provided to the City as required by the City Engineer, if
the sewer was not constructed in accordance with the original approved sewer
plans.
GRADING
ENG 24. Submit a Precise Grading and Paving Plan prepared by a California registered
Civil engineer to the Engineering Division for review and approval. The Precise
Grading and Paving Plan shall be approved by the City Engineer prior to
issuance of grading permit.
a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its
grading contractor and submitted to the Engineering Division for review and
approval. The applicant and/or its grading contractor shall be required to
comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and
shall be required to utilize one or more "Coachella Valley Best Available
Control Measures" as identified in the Coachella Valley Fugitive Dust
Control Handbook for each fugitive dust source such that the applicable
performance standards are met. The applicant's or its contractor's Fugitive
Dust Control Plan shall be prepared by staff that has completed the South
Coast Air Quality Management District (AQMD) Coachella Valley Fugitive
Dust Control Class. The applicant and/or its grading contractor shall provide
the Engineering Division with current and valid Certificate(s) of Completion
from AQMD for staff that has 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"
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Conditions of Approval
Dust Control issues, please contact AQMD at (909) 396-3752, or at
http://w\Aw.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 Precise Grading and Paving 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; a copy of
the associated Hydrology Study/Report; and a copy of the project-specific
Final Water Quality Management Plan.
ENG 25. Prior to approval of a Grading Plan or issuance of any 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 26. In accordance with an approved PM-10 Dust Control Plan, temporary dust
control perimeter fencing shall be installed as necessary. Fencing shall have
screening that is tan in color; green screening will not be allowed. Temporary
dust control perimeter fencing shall be installed after issuance of Grading
Permit, and immediately prior to commencement of grading operations.
ENG 27. 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 28. 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 29. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
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Conditions of Approval
ENG 30. 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/blow sand relating to this property and
development.
ENG 31. 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.
ENG 32. 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. No certificate of
occupancy will be issued until the required certification is provided to the City
Engineer.
ENG 33. The applicant shall provide pad elevation certifications for all building pads in
conformance with the approved grading plan, to the Engineering Division prior
to construction of any building foundation.
ENG 34. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the export
of soil will be required to present a clearance document from a Department of
Food and Agriculture representative in the form of an approved "Notification of
Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside,
and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading
Plan. The California Department of Food and Agriculture office is located at 73-
710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208).
WATER QUALITY MANAGEMENT PLAN
ENG 35. This project shall be required to install measures in accordance with applicable
National Pollution Discharge Elimination System (NPDES) Best Management
Practices (BMP's) included as part of the NPDES Permit issued for the
Whitewater River Region from the Colorado River Basin Regional Water
Quality Control Board (RWQCB). The applicant is advised that installation of
BMP's, including mechanical or other means for pre-treating contaminated
stormwater and non-stormwater runoff, shall be required by regulations
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Conditions of Approval
imposed by the RWQCB. It shall be the applicant's responsibility to design and
install appropriate BMP's, in accordance with the NPDES Permit, that
effectively intercept and pre-treat contaminated stormwater and non-stormwater
runoff from the project site, prior to release to the City's municipal separate
storm sewer system ("MS4"), to the satisfaction of the City Engineer and the
RWQCB. Such measures shall be designed and installed on-site; and
provisions for perpetual maintenance of the measures shall be provided to the
satisfaction of the City Engineer, including provisions in Covenants, Conditions,
and Restrictions (CC&R's) required for the development (if any).
ENG 36. A Final Project-Specific Water Quality Management Plan (WQMP) shall be
submitted to and approved by the City Engineer prior to issuance of a grading
or building permit. The WQMP shall address the implementation of operational
Best Management Practices (BMP's) necessary to accommodate nuisance
water and storm water runoff from the site. Direct release of nuisance water to
the adjacent property (or public streets) is prohibited. Construction of
operational BMP's shall be incorporated into the Precise Grading and Paving
Plan,
ENG 37. Prior to issuance of any grading or building permits, the property owner shall
record a "Covenant and Agreement" with the County-Clerk Recorder or other
instrument on a standardized form to inform future property owners of the
requirement to implement the approved Final Project-Specific WQMP. Other
alternative instruments for requiring implementation of the approved Final
Project-Specific WQMP include: requiring the implementation of the Final
Project-Specific WQMP in Home Owners Association or Property Owner
Association Covenants, Conditions, and Restrictions (CC&R's); formation of
Landscape, Lighting and Maintenance Districts, Assessment Districts or
Community Service Areas responsible for implementing the Final Project-
Specific WQMP; or equivalent. Alternative instruments must be approved by
the City Engineer prior to the issuance of any grading or building permits.
ENG 38. Prior to issuance of certificate of occupancy or final City approvals, the
applicant shall:
a. demonstrate that all structural BMP's have been constructed and installed in
conformance with approved plans and specifications;
b. demonstrate that applicant is prepared to implement all non-structural
BMP's included in the approved Final Project-Specific WQMP, conditions of
approval, or grading/building permit conditions; and
c. demonstrate that an adequate number of copies of the approved Final
Project-Specific WQMP are available for the future owners (where
applicable).
DRAINAGE
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Conditions of Approval
ENG 39. Direct release of on-site nuisance water or stormwater runoff shall not be
permitted to E. Tahquitz Canyon Way or N. Cerritos Road. Provisions for the
interception of nuisance water from entering adjacent public streets from the
project site shall be provided through the use of a minor storm drain system
that collects and conveys nuisance water to landscape or parkway areas, and
in only a stormwater runoff condition, pass runoff directly to the streets through
parkway or under sidewalk drains.
ENG 40. All stormwater runoff passing through the site shall be accepted and conveyed
across the property in a manner acceptable to the City Engineer. For all
stormwater runoff falling on the site, on-site retention or other facilities
approved by the City Engineer shall be required to contain the increased
stormwater runoff generated by the development of the property, as described
in the Preliminary Hydrology Study for this project (dated May 6, 2013) by Amir
Engineering. The volume of increased stormwater runoff due to development of
the site, and the required stormwater runoff mitigation measures for the
proposed development shall be determined upon review and approval of the
hydrology study by the City Engineer and may require redesign or changes to
site configuration or layout consistent with the findings of the final hydrology
study.
ENG 41. Construct storm drain improvements, including but not limited to catch basins,
drywells, and storm drain lines, for drainage of the on-site travel way into the
on-site underground percolation field, as described in the Preliminary Hydrology
Study (dated May 6, 2013) for this project, prepared by Amir Engineering. The
hydrology study for this project shall be amended to include catch basin sizing,
drywell sizing, storm drain pipe sizing, and underground percolation field sizing
calculations and other specifications for construction of required on-site storm
drainage improvements.
ENG 42, All on-site storm drain systems shall be privately maintained by a Homeowners
Association (HOA). Provisions for maintenance of the on-site storm drain
systems acceptable to the City Engineer shall be included in Covenants,
Conditions and Restrictions (CC&R's) required for this project.
ENG 43. The applicant shall install a series of drywells, within the underground
percolation field proposed in the development as necessary to collect and
percolate stormwater runoff, including nuisance water, from the tributary area
within the development that has drainage directed to the underground
percolation field. The drywells shall be appropriately sized to accommodate the
expected daily nuisance water, as well as runoff from ordinary storm events (2-
year storm events), unless otherwise approved by the City Engineer. Provisions
shall be included in the Covenants, Conditions and Restrictions (CC&R's) for
this development that require the routine maintenance of the drywells by the
Home Owners Association (HOA), including the right of the City to inspect and
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Conditions of Approval
require the HOA to remove and replace the drywells if they fail to function,
causing stagnant water to accumulate above ground within the basin. The City
shall be given the right, in the interest of the public's health, safety, and welfare,
to order the removal and replacement of drywells in the event the HOA is non-
responsive to the City's written notice, with costs to be recovered against the
HOA by the City in accordance with state and local laws and regulations.
ENG 44. 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 in accordance
with Resolution No. 15189. Fees shall be paid prior to issuance of a building
permit.
GENERAL
ENG 45. 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, 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 46. All proposed utility lines shall be installed underground.
ENG 47. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal
Code, all existing and proposed electrical lines of thirty-five thousand volts or
less and overhead service drop conductors, and all gas, telephone, television
cable service, and similar service wires or lines, which are on-site, abutting,
and/or transecting, shall be installed underground unless specific restrictions
are shown in General Orders 95 and 128 of the California Public Utilities
Commission, and service requirements published by the utilities. The existing
overhead utilities across the north property line meet the requirement to be
installed underground. Utility undergrounding shall extend to the nearest off-site
power pole; no new power poles shall be installed unless otherwise approved
by the City Engineer. A letter from the owners of the affected utilities shall be
submitted to the Engineering Division prior to approval of a grading plan,
30
Planning Commission Resolution No.6386
Case TTM 36715&3.3625 MAJ/5.1299 GPA—Nine-unit Condominium at Tahquitz and Cerritos Page 17 of 23
Conditions of Approval
informing the City that they have been notified of the City's utility
undergrounding requirement and their intent to commence design of utility
undergrounding plans. When available, the utility undergrounding plan shall be
submitted to the Engineering Division identifying all above ground facilities in
the area of the project to be undergrounded. Undergrounding of existing
overhead utility lines shall be completed prior to issuance of a certificate of
occupancy. APPLICANT TO SUBMIT ADDITIONAL INFORMATION TO THE
CITY ENGINEER FOR CONSIDERATION OF DEFERRAL TO COVENENT
OF THE UNDERGROUNDING REQU/RMENT.
ENG 48. 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.
ENG 49, 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 50. The original improvement plans prepared for the proposed development and
approved by the City Engineer shall be documented with record drawing "as-
built" information and returned to the Engineering Division prior to issuance of a
final certificate of occupancy. Any modifications or changes to approved
improvement plans shall be submitted to the City Engineer for approval prior to
construction.
ENG 51. 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 52. 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.
ENG 53. This property is subject to the Coachella Valley Multiple Species Habitat
Conservation Plan Local Development Mitigation fee (CVMSHCP-LDMF). The
LDMF shall be paid prior to issuance of Building Permit.
MAP
ENG 54. The existing parcels identified as Lots 25 and 26 of the Luring Sands Park map,
Map Book 20, Page 71, shall be merged. An application for a parcel merger
31
Planning Commission Resolution No.6386
Case TTM 36715&3.3625 MAJ/5.1299 GPA— Nine-unit Condominium at Tahquitz and Cerritos Page 18 of 23
Conditions of Approval
shall be submitted to the Engineering Division for review and approval. A copy
of a current title report and copies of record documents shall be submitted with
the application for the parcel merger. The application shall be submitted to and
approved by the City Engineer prior to issuance of building permit.
TRAFFIC
ENG 55. A minimum of 48 inches of clearance for handicap accessibility shall be
provided on public sidewalks or pedestrian paths of travel within the
development. Minimum clearance on public sidewalks (or pedestrian paths of
travel) shall be provided by either an additional dedication of a sidewalk
easement (if necessary) and widening of the sidewalk, or by the relocation of
any obstructions within the public sidewalk along the E. Tahquitz Canyon Way
and N. Cerritos Drive frontages of the subject property.
ENG 56. All damaged, destroyed, or modified pavement legends, traffic control devices,
signing, striping, and streetlights, associated with the proposed development
shall be replaced as required by the City Engineer prior to issuance of a
Certificate of Occupancy.
ENG 57. The applicant shall install a Type R6-1 "One Way' sign within the E. Tahquitz
Canyon Way median for traffic egressing from the site, opposite the 24 feet
wide driveway, as required by the City Engineer.
ENG 58. Install a stop sign, stop bar, and "STOP" legend for traffic exiting the
development at the intersection of E. Tahquitz Canyon Way and entry driveway
in accordance with City of Palm Springs Standard Drawing Nos. 620-625 and
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, as required by the City Engineer.
ENG 59. 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 60. This property is subject to the Transportation Uniform Mitigation Fee which
shall be paid prior to issuance of building permit.
FIRE DEPARTMENT CONDITIONS
FID 1. These conditions are subject to final plan check and review. Initial fire
department conditions have been determined on the site plan dated 2/14/13.
32
Planning Commission Resolution No.6386
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Conditions of Approval
The submitted plans do not provide enough detail. Additional requirements may
be required at that time based on revisions to site plans.
FID 2. Fire Department Conditions were based on the 2010 California Fire Code. Four
complete sets of plans for private fire service mains, fire alarm, or fire sprinkler
systems must be submitted at time of the building plan submittal.
FID 3. Public Safety CFD: The Project will bring a significant number of additional
residents to the community. The City's existing public safety and recreation
services, including police protection, criminal justice, fire protection and
suppression, ambulance, paramedic, and other safety services and recreation,
library, cultural services are near capacity. Accordingly, the City may determine
to form a Community Services District under the authority of Government 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.
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 20 feet and an unobstructed
vertical clearance of not less than 13'6". Fire Department access roads shall
have an all-weather driving surface and support a minimum weight of 73,000
lbs.
FID 5. Fire Department Access: Fire Department Access Roads shall be provided
and maintained in accordance with (Sections 503 CFC)
Minimum Access Road Dimensions:
1. Fire apparatus access roads shall have an unobstructed width of not less
than 20 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 is required for this project, unless otherwise
allowed by the City engineer. No parking shall be allowed in either side of
the roadway. The private driveway from Simms Road to San Rafael
Road is designated at a fire lane.
FID 6. 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
33
Planning Commission Resolution No. 6386
Case TTM 36715&3.3625 MAJ/5.1299 GPA—Nine-unit Condominium at Tahquitz and Cerritos Page 20 of 23
Conditions of Approval
prohibit the obstruction thereof. Signs or notices shall be maintained in a clean
and legible condition at all times and is replaced or repaired when necessary to
provide adequate visibility.
FID 7. Reduced Roadway Width: Areas with reduced roadway width at entry and
exit gates, entry and exit approach roads, traffic calming areas that are under
36 feet wide require red painted curb to maintain minimum 24 foot clear width.
Red curb shall be stenciled "NO PARKING" and "FIRE LANE" with white paint.
FID 8. Fire Apparatus Access Gates (8.04.260 PSMC): Entrance gates shall have a
clear width of at least 15 feet and be equipped with a frangible chain and
padlock during construction.
FID 9. 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 (45 720 mm) 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 10. Dimensions (CFC 503.2.1): Fire apparatus access roads shall have an
unobstructed width of not less than 24 feet except for approved security gates
in accordance with Section 503.6 and an unobstructed vertical clearance of not
less than 13 feet 6 inches.
FID 11. 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. GVW)
and shall be surfaced so as to provide all-weather driving capabilities.
FID 12. Turning radius (CFC 503.2.4): The required turning radius of a fire apparatus
access road shall be determined by the fire code official. Fire access road
turns and corners shall be designed with a minimum inner radius of 25 feet and
an outer radius of 43 feet. Radius must be concentric.
FID 13. Premises Identification (CFC 505.1): New and existing buildings shall have
approved address numbers, building numbers or approved building
identification placed in a position that is plainly legible and visible from the
street or road fronting the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numerals or alphabet letters.
Numbers shall be a minimum of 4" high with a minimum stroke width of 0.5".
FID 14. Key Box Required to be Installed (CFC 506.1): Where access to or within a
structure or an area is restricted because of secured openings or where
immediate access is necessary for life-saving or fire-fighting purposes, the fire
34
Planning Commission Resolution No. 6386
Case TTM 36715&3.3625 MAJ/5.1299 GPA— Nine-unit Condominium at Tahquitz and Cerritos Page 21 of 23
Conditions of Approval
code official is authorized to require a key box to be installed in an approved
location.
FID 15. Location of Knox boxes: A Knox box shall be installed at every locked gate.
Boxes shall be mounted at 5 feet above grade. Show location of boxes on plan
elevation views. Show requirement in plan notes. All man gates shall be
included.
FID 16. Operational Fire Hydrant(s) (CFC 508.1, 508.5.1 & 1412.1): Operational fire
hydrant(s) shall be installed within 250 feet of all combustible construction.
They shall be installed and made serviceable prior to and during construction.
No landscape planting, walls, or fencing is permitted within 3 feet of fire
hydrants, except ground cover plantings.
FID 17. Fire Flow (CFC 508.3): Fire flow requirements for buildings or portions of
buildings and facilities are estimated to be 1,500 GPM with the installation of
fire sprinklers based on Appendix B of the 2010 CFC.
FID 18. Identification (CFC 510.1): Fire protection equipment shall be identified in an
approved manner. Rooms containing controls for air-conditioning systems,
sprinkler risers and valves, or other fire detection, suppression or control
elements shall be identified for the use of the fire department. Approved signs
required to identify fire protection equipment and equipment location, shall be
constructed of durable materials, permanently installed and readily visible.
FID 19. NFPA 13D Sprinkler System Required (903.2.8): An automatic sprinkler
system installed in accordance with Section 903.3 shall be provided throughout
all buildings with a Group R fire area.
FID 20. Audible Water Flow Alarms (CFC 903.4.2): An approved audible sprinkler
flow alarm (Wheelock horn/strobe # MT4-115-WH-VFR with WBB back box or
equal) shall be provided on the exterior of the building in an approved location.
An approved audible sprinkler flow alarm (Wheelock horn/strobe # HT4-115-
WH-VFR with WBB back box or equal) to alert the occupants shall be provided
in the interior of the building in a normally occupied location.
FID 21. Valve and Water-Flow Monitoring (CFC 903.4): All valves controlling the fire
sprinkler system water supply, and all water-flow switches, shall be electrically
monitored. All control valves shall be locked in the open position. Valve and
water-flow alarm and trouble signals shall be distinctly different and shall be
automatically transmitted to an approved central station.
FID 22. Fire Alarm System: Fire alarm system is required and installation shall
comply with the requirements of NFPA 72, current edition.
35
Planning Commission Resolution No. 6386 `
Case TTM 36715&3.3625 MAJ/5.1299 GPA—Nine-unit Condominium at Tahquitz and Cerritos Page 22 of 23
Conditions of Approval
FID 23. Portable Fire Extinguisher (CFC 906.1): Portable fire extinguishers shall be
installed. Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of
floor or grade travel distance for normal hazards.
FID 23 Residential Smoke and Carbon Monoxide Alarms Installation with Fire
Sprinklers (CFC 907.2.10.1.2, 907.2.10.2 & 907.2.10.3; CRC R315): Provide
and install Residential Smoke and Carbon Monoxide Alarms (Kidde SM120X
Relay / Power Supply Module connected to multi-station Kidde smoke and
carbon monoxide alarms or equal system and fire sprinkler flow switch).
Alarms shall receive their primary power from the building wiring, and shall be
equipped with a battery backup. In new construction, alarms shall be
interconnected so that operation of any smoke alarm, carbon monoxide alarm
or fire sprinkler flow switch causes all smoke and carbon monoxide alarms
within the dwelling to sound and activate the exterior horn/strobe.
The wiring of this system shall be in accordance with Kidde SM120X Relay /
Power Supply Module manual and Figure 2 (see attached). The 120 volt device
wired to turn on when alarm sounds is the exterior horn / strobe. The pull for fire
device is the fire sprinkler flow switch.
FID 24 Additional Residential Smoke Alarm Requirements (NFPA 72: 29.5.1.3):
Where the interior floor area for a given level of a dwelling unit, excluding
garage areas, is greater than 1,000 Sq. Ft., the additional requirements are that
all points on the ceiling shall have:
A smoke alarm within a distance of 30 ft. travel distance or
An equivalent of one smoke alarm per 500 Sq. Ft. of floor area.
One smoke alarm per 500 Sq. Ft. is evaluated by dividing the total interior
square footage of floor area per level by 500 Sq. Ft.
FID 25 Carbon Monoxide Alarm or Detector Locations (NFPA 720: 9.4.1.1 &
9.4.1.2; CRC R315.3): Carbon monoxide alarms or detectors shall be installed
as follows:
(1) Outside of each separate dwelling unit sleeping area in the immediate
vicinity of the bedrooms
(2) On every occupiable level of a dwelling unit, including basements,
excluding attics and crawl spaces
(3) Other locations where required by applicable laws, codes, or standards
36
Planning Commission Resolution No.6386
Case TTM 36715&3.3625 MAJ/5.1299 GPA—Nine-unit Condominium at Tahquitz and Cerritos Page 23 of 23
Conditions of Approval
Each alarm or detector shall be located on the wall, ceiling, or other
location as specified in the manufacturer's published instructions that
accompany the unit.
END OF CONDITIONS
37
l n
% YA,dOLM SA*
� CITY COUNCIL STAFF REPORT
V �
DATE: November 6, 2013 PUBLIC HEADING
SUBJECT: A GENERAL PLAN AMENDMENT BY THE CITY OF PALM SPRINGS FOR
ZONING CONSISTENCY, AND A NEGATIVE DECLARATION PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) ON A
ROUGHLY 35,766 SQUARE FOOT PARCEL AT THE NORTHEAST
CORNER OF NORTH CERRITOS ROAD AND EAST TAHQUITZ CANYON
WAY; APN'S 502-075-001 and 502-075-002; ZONE R-2 (CASE 3.3625
MAJ 15.1299 GPA
FROM: David Ready, City Manager
BY: Department of Planning Services
SUMMARY
A General Plan Amendment changing the land use designation from "0" (Office) to
"MDR" (Medium Density Residential) for zoning consistency on a roughly 35,766 square
foot parcel at the northeast comer of East Tahquitz Canyon Way and North Cerritos
Road; Zone R-2.
RECOMMENDATION:
1. Open the Public hearing and receive testimony.
2. Close the public hearing and adopt Resolution , "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA ADOPTING A
NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING AN AMENDMENT
TO THE 2007 PALM SPRINGS GENERAL PLAN, ADOPTED BY RESOLUTION
22077, CHANGING THE LAND USE DESIGNATION FOR A ROUGHLY 35,766
SQUARE FOOT PARCEL LOCATED AT THE NORTHEAST CORNER OF EAST
TAHQUITZ CANYON WAY AND NORTH CERRITOS DRIVE, FROM "O"
(OFFICE) TO "MDR" (MEDIUM DENSITY RESIDENTIAL) FOR ZONING
CONSISTENCY."
ITEM NO., jr �3$
City coundl Staff Report November 6.2013
Case 5A299 GPA General Plan Amendment from"O'(Office)to"MDR'(Medium Density Residential) Page 2 of 7
ISSUES
For many years parcels along the north side of Tahquitz Canyon Way between roughly
Sunrise Way and Farrell Drive were zoned R-2 (Limited multi-family residential) with the
General Plan Land Use designation of "MDR" (Medium Density Residential), as a buffer
between the single family zone to the north and this major thoroughfare.
Jq SITE ��
� ((
I N9b EFDA , Mip
McC
P
C
I �4 ZC5c ` P )w
PORTION OF THE 1994 PALM SPRINGS GENERAL PLAN
SHOWING THE SUBJECT SITE AS "MI5"(MEDIUM DENSITY RESIDENTIAL)
In recognition of an emerging pattern of office development along this major thoroughfare
in recent years, the 2007 update of the Palm Springs General Plan changed the land use
designation from "MDR" to "O" along Tahquitz Canyon Way'.
The City had not yet updated the zoning code to "P" (Professional), (which is the
corresponding zoning designation for office uses) when this application for a residential
use was received. Residential uses are not permitted in the "O" land use designation,
and thus the General Plan must be amended to be consistent with the zoning code for
this particular parcel in order to approve the proposed condominium use. The proposed
multi-family development is a "right of zone" use in the underlying R-2 zone. Below is a
portion of the 2013 Zoning Map and on the following page is a portion of the 2007
General Plan Land Use Map showing the proposed GPA
SITE
+frySfR�D Roo R1C Ric R I
ro ;
RA
II. G1AA r Ica - R3
Ra RZ
oKaen
RA
R4 R2
R PASEO3p. r $
,( ' RiC til
PORTION OF THE 2013 ZONING MAP SHOWING THE SITE IN THE R-2 ZONE
Offices are a permitted use along major thoroughfares in the R-2 zone with approval of a Conditional Use
Permit.
39
City Coundl Staff Report November 6,2013
Case 5.1299 GPA ,Gee-nerral Plan Amendment from"O"(Office)to"MDR"(Medium Density Residential) Page 3 of 7
VERY LOW DENSITY RESIDENTIAL
r
i WH DENSITY RESIDENTWL
r
j RANI DEIWTT RESIDEMTW.
AREA OF PROPOSED GENERAL PLAN AMENDMENT j
(FROM"OFFICE'TO'MEDIUM DENSITY RESIDENTIAL) 1
I` I
f.
PORTION OF THE 2007 GENERAL PLAN MAP SHOWING PROPOSED GPA AREA
Two exhibits showing a detailed portion of the General Plan Amendment proposal is
attached to this staff report as 'Exhibit A'. I
BACKGROUND INFORMATION
A Major Architectural Application was received by the Planning Department proposing a
nine-unit condominium development on the subject parcel. Residential condominiums, are
a "by right" use in the underlying R-2 zone, however with the 2007 General Plan Land Use
designation change from "M15" (Medium Density Residential) to "O" (Office), proposing a
residential use on this parcel was no longer consistent with the General Plan. (A finding of
project consistency with the City's General Plan is a requirement of a favorable
determination of the environmental analysis of a project under CEQA)
As noted above, while early development in the fifties and sixties was multi-family
residential in nature, the past twenty years or so has seen this segment of Tahquitz Canyon
Way buildout with office uses. The subject parcel is considered an "infill" lot, since it is one
of the only remaining undeveloped lots along this segment of Tahquitz.
The change in land use designation in the 2007 General Plan from residential to office was
logical and appropriate given that the long term growth and redevelopment along this
stretch was pointed in the direction of transitioning from residential to office. California
40
City Council Staff Report November 6,2013
Case 5.1299 GPA General Plan Amendment from"O'(Office)to"MDR"(Medium Density Residential) Page 4 of 7
State Law requires that a City's Zoning Map and General Plan Land Use Map be
"consistent", however as a Charter City, Palm Springs is exempt from this as a legal
requirement. From a practical point of view, it behooves a City to achieve as much
consistency as possible among its various land use regulatory documents to reduce
ambiguity in the Cit 's "vision" for each area as well as to minimize confusion and delayin
9 Y Y
the processing of individual development applications.
T
r
SITE
AERIAL PH TO OF PROJECT SITE
Table 1
None the StItIM WOO,b notin or near a reMnlzad neighborhood organization .
Table 2
k
May 2013 The site is a air of vacant lots in a full devet area of the city.
Table 3
December 2012 Gerard&Janet Biegel
PRIOR CITY ACTIONS
Table 4
Ali .
A ril 8, 2048 ReAw and recommendation far appmvW of Case 3.3626 MAJ by the AAC
September 25, 2013 Planning Commission approval (7-0) of Major Architectural Application 3,3625
for a 9-unit condo and recommendation that the City Council approve GPA
5.1299 changing the land use designation for the subject parcel from '0' to
"MDR".
At the Planning Commission hearing, the applicant submitted a request for removal of
Engineering Condition of Approval #47 requiring undergrounding of the overhead utility
lines; citing economic hardship. The Engineering Department met with representatives of
the applicant and reviewed materials submitted in support of the request. Engineering
does not believe a compelling argument has been made supporting their request to defer
or delete the undergrounding requirement. Therefore, it is staffs recommendation that
41
I
City council Staff Report November 6.2013
Case 5.1299 GPA General Plan Amendment from'O'(Office)to'MDR"(Medium Density ResldentiaQ Page 5 of i
Condition of Approval ENG #47 remain as is, requiring the undergrounding now of the
utility poles and overhead lines associated with this project.
ANALYSIS
The subject parcel is comprised of two vacant lots (a lot merger is required as a condition
of approval) in an area fully developed with residential and office uses. The tables below
provide further analysis of the project.
Table 5—Surroundin Existin Uses Genera!Plan and Zoning Desi nation
SwtJi!n^unding °i ,�Ineratlat I Ip ,
F
Subject Vacant O (Office) R-2 Limited Multi-
-Property Family Residential
North Single Family VLDR(Very Low Density R-1-C
Residential Residential
South Office O Office R-2
East Office O Office R-2
West Office O Office R-2
Table 6
4 1 I �,•1 � Q� �Pa�tq am I�.1f'�/ff� 'i7 $�
Uptarr'; al (ct7
Zone or Overlay: Yes/No: Remarks (if any)
Neighborhood O ? No
Specific Plan? No
Existing Planned Development District? No
Planning Area? No
Resort Combining Zone? No
Airport non-suit Zone? No
Airport Land Use Compatibility Zone AALUC ? Yes Zone E
Downtown Parking Combining Zone? No
Historic District Overlay? No
Tribal Land? No
Hillside or Major Thoroughfare? Yes Tahquitz Canyon Way
Conservation Area as defined in the MSHCP? No is a Major Thoroughfare
Wind Energy Overlay? No
Watercourse or Flood lain? No
Other
FINDINGS
General Plan Amendment Findinas. State of California Governmental Code Sections
65350 - 65362, outline the procedures and requirements for Cities and Counties to
42
t
City council Staff Report November 5,2013
Case 5.1299 GPA General Plan Amendment from"O'(Office)to'MDR*(Medium Density Residential) Page 6 017
create and amend their General Plan. There are, however, no speck findings for a
General Plan Amendment. Staff has evaluated the GPA based upon the following:
• Compatibility of the proposed designation with adjacent land uses
• Potential adverse impacts to existing or future development in the vicinity.
Compatibility of the proposed designation with adjacent land uses.
The project site is surrounded by a variety of existing land uses including professional
offices, single family residential and multi-family residential development. For many
years, the General Plan land use designation for the subject parcel was "MDR" (Medium
Density Residential). The City anticipated multi-family residential uses along Tahquitz
Canyon Way and in the fifties and sixties, some was developed. However in that past
two decades, professional office uses have been developed along Tahquitz. As a result,
the area now contains a fairly even mix of offices and mufti-family residential apartments
and condominiums that co-exist harmoniously.
Y
The 2007 General Plan update changed the land use designation for this stretch of
Tahquitz from "MDR" to "O" (Office). The Office land use designation does not include
residential development. Typically zoning and general plan land use designations are
consistent, however at the time this application was submitted, the City had not yet
processed the zone change from R-2 (residential)to "P" (Professional Office uses).
Office uses and limited multi family residential are generally considered a compatible set
of land uses, and certainly the existing development pattern along Tahquitz would prove
this out. Thus the proposed GPA reverting back from "O" to "MDR" is compatible with
existing development patterns in the vicinity.
Potential adverse impacts to existing or future development in the area.
Both office and multi-family residential uses exist harmoniously along the north side of
Tahquitz Canyon Way from roughly Sunrise Way to Civic Drive. The General Plan
Amendment from "O" to "MDR" for the subject parcel provides consistency with the
underlying R-2 zone designation. The proposed GPA was analyzed in the CEQA report
and as noted, no significant adverse impacts were identified. The area around the
proposed project is fully built out and the proposed project represents infill development
of a type, density, massing and scale that is consistent with and complementary to, the
existing neighborhood in which it is proposed.
Staff has concluded that the requested General Plan Amendment poses no detrimental
impacts to existing or future development in the vicinity.
ENVIRONMENTAL ANALYSIS
The subject application has been evaluated and deemed a project under the guidelines of
the California Environmental Quality Act (CEQA). An initial study has been conducted
43
City Coundl 31aR Report November 8,2013
Case 5.1299 GPA General Plan Amendment from'O'(Offloe)to'MOR'(Medium Density Residential) Page 7 of 7
and the City has concluded that there are no significant impacts caused by the proposed
project. A Negative Declaration has been proposed. A 20-day public comment period
was given and no comments were received that would require recirculation of the
proposed Negative Declaration.
NOTIFICATION
A written public hearing notice was made in accordance with applicable law. Comments
received have bepn attached to this staff report.
Margo Wheeler, AICP David H. Ready
Director of Planning Services City Manager
Attachments:
• Vicinity Map
• Draft Resolution and Conditions of Approval
• Exhibit A — Portion of the General Plan Land Use Map showing proposed
change.
• Environmental Initial Study and proposed Negative Declaration
• Correspondence between City Public Works and applicant regarding
undergrounding of overhead utility lines.
• Planning Commission staff report of 9.25.13
• Planning Commission minutes of 9.25.13
e Public comment letters.
44
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CITY OF PALM SPRINGS
CASE : 3.3625 MAJ/5.1299 GPA DESCRIPTION: A major architectural application
proposing development of a residential condominium project
APPLICANT: Jim Cioffi for Gerard comprised of nine dwelling units in three buildings, a
and Janet Biegel swimming pool, off-street parking and landscaping. The
project includes a General Plan Amendment for zoning
consistency to change the land use designation from O
(Office) to MDR (Medium Density Residential) on a roughly
0,82-acre (35,766 square foot) parcel at the northeast
comer of East Tahquitz Canyon Way and North Cerritos
Road, Zone R2 Section 13.
45
.City Council Meeting Page 2 of 16
1.A. PRAETOR INVESTMENT, LLC, FOR AN AMENDMENT TO
A PREVIOUSLY APPROVED PLANNED DEVELOPMENT
DISTRICT 333 (PDD 333) AND TENTATIVE PARCEL MAP
(TPM 35236) FOR THE DEVELOPMENT OF A 200-ROOM
HOTEL, 50 RESIDENTIAL UNITS AND A PARKING
STRUCTURE LOCATED AT THE NORTHWEST CORNER
OF AVENIDA CABALLEROS AND AMADO ROAD:
Item 1A Staff Report
ACTION: 1) Direct the Planning Commission to take action
on the project at the November 13, 2013, meeting; 2)
Continue the Public Hearing to November 20, 2013, with no
public testimony at this time; and 3) Direct the City Clerk to
post a Notice of Continued Public Hearing pursuant to
law. Motion Councilmember Hutcheson, seconded by
Councilmember Lewin and unanimously carried on a roll
call vote.
1.13. GENERAL PLAN AMENDMENT FOR ZONING
CONSISTENCY AND A NEGATIVE DECLARATION
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) ON A ROUGHLY 35,766 SQUARE
FOOT PARCEL AT THE NORTHEAST CORNER OF
NORTH CERRITOS DRIVE AND EAST TAHQUITZ
CANYON WAY(CASE 3.3625 MAJ 15.1299 GPA):
Item 1 B Staff Report Part 1 Pages 1-46
Item 1 B Staff Report Part 2 Pages 47-100
Margo Wheeler, Director of Planning Services, provided
background information as outlined in the staff report dated
November 6, 2013.
Mayor Pougnet opened the public hearing, and the following
speakers addressed the City Council.
JIM CIOFFI, provided background information on the request
for the General Plan Amendment, and requested the City
Council approve the General Plan Amendment.
46
http://palmsprings.granicus.com/MinutesViewer.php?view_id=2&clip_id=1722 3/11/2014
r
City Council Meeting Page 3 of 16
TED LUCIANI, requested the City Council not defer the
requirement for undergrounding utility lines as part of the
project, and requested a traffic study regarding the project.
MICHAEL BONDA, Palm Springs, requested the City Council
not defer the requirement for undergrounding utility lines as
part of the project.
STEVEN STONER, Palm Springs, requested the City
Council not defer the requirement for undergrounding utility
lines as part of the project.
JIM CHOFFI, Rebuttal, stated the developer met with the
immediate neighbors, and stated the developer is working on
the undergrounding of utilities.
No further speakers coming forward, the public hearing was
closed.
Mayor Pro Tern Mills requested staff address if the
undergrounding was a component of the General Plan
Amendment.
Councilmember Foat requested staff address if the driveways
and undergrounding are part of the General Plan
Amendment or part of the map.
Councilmember Lewin requested staff address if the map is
reviewed by the Planning Commission and the City Council.
ACTION: Adopt Resolution 23454, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADOPTING A NEGATIVE DECLARATION
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) AND APPROVING AN
AMENDMENT TO THE 2007 PALM SPRINGS GENERAL
PLAN, ADOPTED BY RESOLUTION NO. 22077,
CHANGING THE LAND USE DESIGNATION FOR A
ROUGHLY 35,766 SQUARE FOOT PARCEL LOCATED AT
THE NORTHEAST CORNER OF EAST TAHQUITZ
CANYON WAY AND NORTH CERRITOS DRIVE, FROM
"O" (OFFICE) TO "MDR" (MEDIUM DENSITY
RESIDENTIAL) FOR ZONING CONSISTENCY. APN'S 502-
075-001 and 502-075-002; ZONE R-2." Motion
Councilmember Foat, seconded by Councilmember
Hutcheson and unanimously carried on a roll call vote.
47
http://palmsprings.granicus.com/MinutesViewer.php?view_id=2&clip_id=1722 3/11/2014
SPLANNING
COMMISSION STAFF REPORT
Date: September 25, 2013 Public Hearing
Subject: Major Architectural Application for a 9-unit Condominium and a General
Plan Amendment for Zoning Consistency (Case 3.3625 MAJ / 5.1299
GPA)
Applicant: Gerard & Janet Biegel
Location: NE Corner of Tahquitz Canyon Way & Cerritos Road
(APN's 502-075-001 and 502-075-002)
From: Department of Planning Services
SUMMARY
A Major Architectural application (MAJ) proposing to construct a nine-unit condominium
complex with common outdoor areas, off-street parking and landscaping on a roughly 35,766
square foot lot at the northeast corner of Tahquitz Canyon Way and Cerritos Road and an
General Plan Amendment for zoning consistency.
CASE NUMBER RECOMMENDATION REQUIRED FOR
APPROVAL
3.3625 MAJ / Staff recommends APPROVAL of the SB 18 Noticing / CEQA
5.1299 GPA MAJ and that the Planning Commission / Public Hearing Notice
RECOMMEND APPROVAL of the GPA
by the City Council
PRIOR ACTIONS:
On April 8, 2013, the Architectural Advisory Committee (AAC) reviewed the project and voted
unanimously to recommend approval to the Planning Commission.
BACKGROUND INFORMATION
Nei hborhood Meeti
None
48
Planning Commission Staff Report Page 2 of 6
Case 3.3625 MAJ 15.1299 GPA—A nine-unit condo and a General Plan Amendment September 25, 2013
field Check
May 2013 The site is a pair of vacant lots in a fully developed area of the city.
Date of Purchase and current owner:
December 2012 Gerard & Janet Biegel
71
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AERIAL PHOTO OF PROJECT SITE
ANALYSIS
Table 1 — Surrounding Existing Uses, General Plan, and Zoning Designation
Surrounding Existing Land Use General Plan Zoning
Properly
Subject Vacant O (Office) R-2 Limited Multi-
Property Family Residential
North Single Family VLDR (Very Low Density R-1-C
Residential Residential
49
Planning Commission Staff Report Page 3 of 6
Case 3.3625 MAJ/5.1299 GPA—A nine-unit condo and a General Plan Amendment September 25, 2013
South Office O (Office) R-2
East Office O (Office) R-2
West Office O (Office) R-2
Table 2—Analysis of Off-street Parking Requirements
Off-Street Parking Requirement PSZC Section 93.06.00 O
Use Details Required Provided Conforms
Residential 6, 2-bdrm units 1.5 sp/unit = 9 sp
Condominium 3, 1-bdrm units 1.25 sp/unit = 4 sp
Guest Parking 1 sp/4 units = 3 sp
1 he / 1-25 sp 1 space 1 space
TOTAL 16 spaces 17 spaces Yes
25 26 04
tJ
W
10
TRACT MAP SHOWING PROJECT SITE
Table 3: Analysis of proposed project against the Development Standards of the Zone
R-2 Zone (PSZC 92,.03.03) Proposed Project
Required
Lot Area Minimum 20,000 sf 35,766 square feet conforms
Lot Width 170 feet (siding on a major 179 feet (conforms)
street
Lot Depth 150 feet 189 feet (conforms)
Front Yard 25 feet 25 feet (conforms)
Street Side Yard Special Setback on Tahquitz 75 feet (conforms)
75 feet from Center of
Roadway
50
Planning Commission Staff Report Page 4 of 6
Case 3.3625 MAJ/5.1299 GPA—A nine-unit condo and a General Plan Amendment September 25, 2013
Interior Side Yard 10 feet 10 feet (conforms)
Rear Yard 10 feet 10 feet (conforms)
Building Height 24 feet and 2 stories 13 feet and 1 story (conforms)
(max.)
Building Min 50% of lot must be 54% (conforms)
Coverage max. usable landscaped area
Covered off-street 1 covered space per unit 13 spaces covered (conforms)
Parking
Dwelling size Minimum 2,000 net square 35,766 and 9 units 3,974 sf of net
feet of lot area per dwelling site area/unit (conforms)
unit.
Distance Bet. 15 feet 12 feet (DOES NOT CONFORM)
Bld s
Perimeter Walls Max 6 ft, less than 60% of lot 5'-4" masonry at front yards, less
length, masonry or dec. metal than 60% of lot length (conforms)
6 ft high wall bet. R-1 and R-2 E ft high wall bet. R-2 and R-2
conforms
Projections into Eaves may project 4 inches/ft Eaves project 2 ft at bldg., and 3
setbacks of setback; max 4 ft in front feet at carport covers (conforms)
yard
FINDINGS
Pursuant to Zoning Code Section 94.04.00 (Architectural Review)
The planning commission "... shall examine the material submitted with the architectural
approval application and specific aspects of design shall be examined to determine whether
the proposed development will provide desirable environment for its occupants as well as
being compatible with the character of adjacent and surrounding developments, and whether
aesthetically it is of good composition, materials, textures and colors. Conformance will be
evaluated, based on consideration of the following:
1.Site layout, orientation, location of structures and relationship to one another and to
open spaces and topography. Definition of pedestrian and vehicular areas, i.e.,
sidewalks as distinct from parking lot areas,-
The project proposes nine condominium units in three buildings arranged around an open
landscaped courtyard with a common pool and terraces. Vehicular access it proposed off
Tahquitz Canyon Way for a single loaded parking lot of thirteen (13) spaces. Additional bay
parking is proposed taking access from Cerritos Drive. Pedestrian sidewalks are distinct and
51
Planning Commission Staff Report Page 5 of 6
Case 3.3625 MAJ/5.1299 GPA—A nine-unit condo and a General Plan Amendment September 25, 2013
separate from parking areas. The buildings are oriented to maximize views of the mountains
to the west. The project conforms to this guideline.
2.Harmonious relationship with existing and proposed adjoining developments and in
the context of the immediate neighborhood/community, avoiding both excessive variety
and monotonous repetition, but allowing similarity of style, if warranted;
The project is located in an area of mixed uses, some professional offices and some
apartments. The proposed buildings are modern in their appearance, with simple rectilinear
forms. The height of the proposed project is consistent with adjacent development. A similar
project "Desert Holly", an older apartment complex just east of the subject site is similar in
context. The project conforms to this guideline.
3.Maximum height, area, setbacks and overall mass, as well as parts of any structure
(buildings, walls, screens, towers or signs) and effective concealment of all mechanical
equipment;
The building conforms to the development standards of the zone. Mechanical equipment is
screened. The project conforms to this guideline.
4.Buildin design, materials and colors to be sympathetic g g , with desert surroundings;
AND
5.Harmony of materials, colors and composition of those elements of a structure,
including overhangs, roofs, and substructures which are visible simultaneously; AND
6.Consistency of composition and treatment;
The proposed development incorporates stucco, precision concrete block, and glass in
anodized aluminum frames. The project incorporates overhangs and roof structures giving the
proposed development visual variety and protection of glazed area from the sun. The
materials and colors are consistent with similar development in the vicinity. The project
conforms to this guideline.
7.Location and type of planting, with regard for desert climate conditions. Preservation
of specimen and landmark trees upon a site, with proper irrigation to insure
maintenance of all plant materials;
The project proposes a desert-appropriate plant palette. There are no specimen trees or other
plants on the site. The project conforms to this guideline.
52
Planning Commission Staff Report Page 6 of 6
Case 3.3625 MAJ /5.1299 GPA—A nine-unit condo and a General Plan Amendment September 25, 2013
8.Signs and graphics, as understood in architectural design including materials and
colors;
The architectural design, colors and graphics are simple, straightforward materials and design
elements complementary to adjacent existing development from the 50's and 60's. Signage is
not included in this application. The graphics and colors are generally neutral tones with
accent panels of red. The project conforms to this guideline.
9.The planning architectural advisory committee may develop specific written guidelines
to supplement the design criteria and carry out the purposes of this chapter.
Draft Conditions of approval are attached to this staff report and draft resolution as Exhibit A.
ENVIRONMENTAL ANALYSIS
The subject application has been evaluated and deemed a project under the guidelines of the
California Environmental Quality Act (CEQA). An initial study has been conducted and the City
has concluded that there are no significant impacts caused by the proposed project. A
Negative Declaration has been proposed. A 20-day public comment period was given and no
comments were received that would require recirculation of the proposed Negative
Declaration.
NOTIFICATION
A written public hearing notice was made in accordance with applicable law. Public comment
was received on the project which is attached to this staff report.
J
Ken Lyon Margo Wheeler, AICP
Associate Planner Director of Planning Services
Attachments:
• Vicinity Map
• Draft Resolution and Conditions of Approval
• Environmental Initial Study and proposed Negative Declaration
• Small Scale Plans, Sections, Elevations, Landscape
• Letter of public comment
53
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PLANNING COMMISSION STAFF REPORT
DATE: February 26, 2014
SUBJECT: GERARD AND JANET BIEGEL, OWNERS FOR TENTATIVE TRACT
MAP 36715 OF ONE (1) LOT EQUALING 35,672-SQUARE FEET FOR
THE PUROSE OF A NINE (9) UNIT CONDOMINIUM PROJECT
CONSISTING OF THREE BUILDINGS ON COMMON GROUND
LOCATED AT 100 NORTH CERRITOS ROAD, ZONE R-2, SECTION 13.
(GM)
FROM: M. Margo Wheeler, AICP, Director of Planning Services
SUMMARY
The Planning Commission to review a request for a Tentative Tract Map resulting in one
lot equaling 35,672-square feet for the purpose of a nine (9) unit condominium project
consisting of three, one-story buildings on common ground known as the Sofia
Condominiums.
RECOMMENDATION:
Approve with conditions.
ISSUES:
• At the Planning Commission hearing for Case 3.3625 MAJ, the applicant
requested removal of Engineering Condition of Approval #47 requiring
undergrounding of the overhead utility lines, citing economic hardship. The
Engineering Division met with representatives of the applicant and reviewed
materials submitted in support of request. Engineering recommends the
condition remain.
BACKGROUND:
-
9/25/2013 Planning Commission approves a Major Architectural application for the
development of a 9-unit condominium complex; a Negative Declaration;
and recommends approval to the City Council for a General Plan
amendment changing the land use designation from "Office" to "Medium
Density Residential"
11/6/2013 City Council approves General Plan Amendment changing the parcel
land use designation from "Office" to "Medium Density Residential", and
adopting a Negative Declaration.
54
Planning Commission Staff Report
February 26, 2014-- Page 2
Case TTIA 36715 Sofia Condominiums
2012 Gerard and Janet Biegel
It
2/13/2014 Email notification was sent to representatives of Movie Colony East, and
Sunmor Neighborhood Organizations
E
�111!in 04
February 2014 Staff visited site to observe exi; 16
t 9, Ca M -conditions
M2
2/1/2014 Notice sent to all ropert: owners within 500 feet of subject site
Site Area
Net Area 35,672- square feet— Parcel 1
u.
XT
-wl-
At
"t At E
Subject Site: Corner of East Tahquitz Canyon Way and North Cerritos Drive
55
Planning Commission Staff Report
February 26, 2014 -- Page 3
Case TTM 36715 Sofia Condominiums
ANALYSIS:
01
ty." 0
113enera PRO- ning,
7''
Subject MDR (Medium Density Multi-Family R-2 (Multi-Family
Property Residential) Residential - Vacant Residential)
North VLDR (Very Low Single-Family R-1-C
Density Residential) Residential
South 0 (Office) Office R-2
East 0 (Office) Office R-2
West 0 (Office) Office R-2
DEVELOPMENT STANDARDS: Proposed Condominium Development
Analysis of proposed project against the Development Standards of the Zone
R-2 Zone (PSZC 92.03.03) Proposed Project
Required
Lot Area Minimum 20,000 sf 35,766 square feet (conforms)
Lot Width 170 feet (siding on a major 179 feet (conforms)
street)
Lot Depth 150 feet 189 feet (conforms)
Front Yard 25 feet 25 feet (conforms)
Street Side Yard Special Setback on Tahquitz 75 feet (conforms)
75 feet from Center of
Roadway
Interior Side Yard 10 feet 10 feet (conforms)
Rear Yard 10 feet 10 feet (conforms)
Building Height 24 feet and 2 stories 13 feet and 1 story (conforms)
(max.)
Building Min 50% of lot must be 54% (conforms)
Coverage (max.) usable landscaped area
Covered off-street 1 covered space per unit 13 spaces covered (conforms)
Parking
Dwelling size Minimum 3,000 net square 35,766 and 9 units 3,974 sf of net
feet of lot area per dwelling site area/unit (conforms)
unit.
Perimeter Walls Max 6 ft, less than 60% of lot 5'-4" masonry at front yards, less
length, masonry or dec. metal than 60% of lot length (conforms)
6 ft high wall bet. R-1 and R-2 6 ft high wall bet. R-2 and R-2
(conforms)
Projections into Eaves may project 4 inches/ft Eaves project 2 ft at bldg., and 3
setbacks of setback; max 4 ft in front feet at carport covers (conforms)
and
56
Planning Commission Staff Report
February 26, 2014-- Page 4
Case TTM 36715 Sofia Condominiums
PROJECT DESCRIPTION:
The applicant is seeking approval for a Tentative Tract Map to one (1) lot equaling
35,672-square feet in size for the purpose of a nine (9) unit condominium project.
Previously the Planning Commission approved Case 3.3625 MAJ for the construction of
three buildings containing nine (9) condominium units. The City Council approved a
General Plan Amendment (Case 5.1299 GPA) to change the land use designation to
MDR (Medium Density Residential) and adopted a Negative Declaration for the project.
The California Subdivision Map Act requires that a Tentative Tract Map be adopted for
condominium map purposes by the local governing body. Section 9.62.020 of the Palm
Springs Municipal Code states "any form of community ownership, shall be approved
only if the proposed condominium use of the property will be in conformity with the
General Plan and lawfully constructed in accordance with the applicable zoning
regulations". The approval of the General Plan Amendment, the Major Architectural
Application, and adoption of the Negative Declaration clears the way for approval of the
Tentative Tract Map application.
Tentative Tract Map
Findings are required for the proposed subdivision pursuant to Section 66474 of the
California Subdivision Map Act. If any of these findings are not met, the City shall deny
approval:
a. That the proposed Tentative Parcel Map is consistent with all applicable
general and specific plans.
The TTM proposes one (1) lot equaling 35,672-square feet for the purpose of a nine (9)
unit condominium project. The proposed development consists of six, two-bedroom
units and three one-bedroom units in three buildings. The three buildings are attached
to one another with small roofs spanning between them and thus, for zoning purposes
are evaluated as one building. The proposed use meets the density requirement for
Medium Density Residential (MDR) consistent with the General Plan land use
designation, and this finding has been met.
b. The design and improvements of the proposed Tentative Tract Map are
consistent with the zone in which the property is located.
The proposed subdivision is consistent with the R-2 zone in which the property is
located. The Tentative Tract Map will consist of one lot equaling 35,672-square feet.
The design of the proposed condominium development is consistent with the applicable
zoning and the finding has been met.
57
Planning Commission Staff Report
February 26, 2014 -- Page 5
Case TTM 36715 Sofia Condominiums
c. The site is physically suited for this type of development.
The proposed development on a vacant flat lot will have access to two public streets.
The surrounding neighborhood is a mix of residential properties, office buildings and
other commercial establishments. Site modifications include the placement of new
sidewalks, a complex perimeter wall, with new building construction consisting of one-
story buildings. The site is physically suited for this type of development and the
finding has been met.
d. The site is physically suited for the proposed density of development.
The proposed nine (9) unit condominium project on a 35,672-square foot lot is consistent
with the allowable density of 6.1 — 15 dwelling units per acre in the MDR General Plan
designation. In addition, the R-2 zone requires 3,000-square feet per dwelling unit which
is within the zone density requirement.
e. The design of the subdivision is not likely to cause environmental damage or
substantially and avoidably injure fish, wildlife, or their habitats.
The Tentative Tract Map associated with Cases 3.3625 and 5.1299 GPA have been
reviewed under the California Environmental Quality Act, and deemed a project. An intial
study has been conducted and the City has concluded that there are no significant impacts
caused by the proposed project. A Negative Declaration has been adopted.
f. The design of the subdivision or type of improvements is not likely to cause
serious public health problems.
The design of the proposed condominium complex includes connections to all public
utilities including water and sewer systems. The private driveways from East Tahquitz
Canyon Way and North Cerritos Drive will provide access to the subject lot. Pedestrian
access will connect the Sofia Condominiums to existing sidewalks.
g. The design of the subdivision or type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of the
property within the proposed subdivision.
There are no known public easements across the subject property; therefore the design of
the subdivision will not conflict with easements for access through or use of the property.
Any utility easements can be accommodated within the project design.
58
Planning Commission Staff Report
February 26, 2014 -- Page 6
Case TTM 36715 Sofia Condominiums
ENVIRONMENTAL DETERMINATION:
The subject application has been evaluated and deemed a project under the guidelines
of the California Environmental Quality Act (CEQA). An initial study has been
conducted and the City has concluded that there are no significant impacts caused by
the proposed project. A Negative Declaration was adopted by the City Council on
November 6, 2013.
NOTIFICATION:
A public hearing notice was advertised and was mailed to all property owners within 500
feet of the subject property/adjacent property owners as well as relevant neighborhood
organizations. As of the writing of this report, staff has received one telephone inquiry.
Glenn Mlaker, AICP
Assistant Planner
M. Margo Wheeler, AICP
Director of Planning Services
Attachments:
1. Vicinity Map
2. Resolution
3. Conditions of Approval
4. TTM 36715
5. Planning Commission Meeting Minutes of September 25, 2013
6. Correspondence from Neighbors
59
Planning Commission Minutes
February 26, 2014
M`ft Commissioner Calerdine, seconded by Commissioner Lowe and
unanimous y roll call vote.
AYES: Commissioner Calerdine, r Klatchko, Commissioner Lowe,
Commissioner Roberts, Commissioner a-Chair Hudson and
Chair Donenfeld
2B. GERARD AND JANET BIEGEL FOR A TENT E TRACT MAP TO
CREATE A ONE LOT CONDOMINIUM OF NINE (9) UNITS
36 LOCATED A(GM 100 NORTH CERRITOS'DJ, r NE R-2. (CASE TTM
Associate Planner presented the proposed projecO�utlined in 3 report.
Chair Donenfeld opened the public hearing: I1
ERNEST VINCENT, legal representative for ap t, thinks this is a valuable
addition and commented on theI'M1111IN111
or expense''(44", utility undergrounding for a
small in-fill development such as t
TED LUCIANI, representing the th � �ygct is a beautiful design;
however, there are concerns about curr1 tru �e and this would be an
opportunity to enhance nment.�
ERNEST VINCE $rPlican uttal, rated the major expense that would be
involved to impos Ity under nding.
CHAIR DO FELD� 11" 10� yin, streets and access) of the project has
been ap he d sue is the tra"Ct"map before the Commission today.
CO SIONER�CA Dl �� id he would like to City to consider an economic
justifl for the and undirljf the utility lines.
ACTION: ommend roval to the City Council with conditions and Engineering
Condition of rval #4 ain.
Motion: Commis o Ioberts, seconded by Commissioner Weremiuk and carried 6-1
on a roll call vote.
AYES: Commissioner Klatchko, Commissioner Lowe, Commissioner Roberts,
Commissioner Weremiuk, Vice-Chair Hudson and Chair Donenfeld
NOES: Commissioner Calerdine
GO
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Cindy Berardi
From: TWL <teddytune@yahoo.com>
Sent: Monday, March 10, 2014 2:16 PM
To: Cindy Berardi
Subject: Fw: Tentative Parcel Map 36715 (2)
Attachments: City Engineers Letter 10-28-13.docx; Staff Report Regarding 3.362 MA) (Zoning).pdf
Dear Cynthia if not too late -- could you also ensure that the City's Engineer's recommendations (from
page 48) of the City Council Staff report from 11/6/13th also be included front and center for easier
viewing.
I have found that these reports get buried and Council flusters -- Again, I have attached it separately for
your convenience along with the staff report from where it originated.
Sincerely yours,
TED
Ted William Luciani
SPNO (interim Secretary)
Teddvtune0vahoo.com
760-327-2124
62
1
From: Savat Khamphou
Sent: Monday, October 28,2013 9:51 AM
To: 'Ralph'
Cc: Ken Lyon; Carol Templeton, Dave Barakian; Margo Wheeler
Sunject: RE: Project Memos& Reports for Monday, October 28,2013 9:51 AM
Mr, Hitchcock
At a meeting on October 9'h you asked the Planning Commission to waive the requirements for undergrounding
utilities.You mentioned that undergrounding affected poles on the new development would require the
installation of additional poles and that this would be a financial hardship for the developer if this requirement is
imposed upon. The Planning Commission deferred that decision to Public Works&Engineering and also
requested supporting documentation and a letter of support from Southern California Edison.At meeting on
October 23 with Carol Templeton and Savat Khamphou, you provided verbal explanations and two copies of a
single plan sheet supporting your case. Dave Barakian, Director of Public Works, and I had a teleconference
with you on October 24, and we listened to your explanation and also provided an alternative for
undergrounding to meet the requirements. However, we reiterated the need for supporting documentation to
present to the Planning Commission, such as a detailed cost estimate, and letters of support from the affected
utilities, so we can make our determination.
We have received the following attached information from you in addition to the plan drawing received on
October 23".We also explained to you that we cannot waive the requirement and that the best we could do is a
deferral of undergrounding with a covenant recorded, if appropriate justification with supporting documentation
was provided and approved by the Director of Public Works.
Based on the information provided, we cannot support deferral of the undergrounding requirements,
therefore, the conditions of approval still apply.
Per our teleconference on October 241,we suggested that you keep the poles at east and west ends of the
property line and underground the pole in between the two poles. This would also satisfy the undergrounding
requirement by the City and should reduce the scope and cost of undergrounding requirements.
Please feel free to call us if you have any questions. Thank you.
Savat Khamphou
Assistant Director of Public Works/
Assistant City Engineer
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
(760)323-8253 x8744
(760)219-5404 (cell)
63
Dear Palm Springs City Council, Palm Springs City Staff
and Palm Springs Planning Commission: Regarding CASE
3.362 MAJ/51299 GPA—A proposed 9-unit condominium
to be built at the N.W. comer of Cerritos Road and E.
Tahquitz Canyon Way. We the residents of Sunrise Park
want to ensure that this government NOT defer to covenant
and adhere to the City Staff recommendation and current
standards for new construction by this City for the burying
of all utility lines on new construction of 5 or more units; if
the subject should arise before this Council or in any closed
session meeting. Thank you for your consideration.
CASE 3.3625 MAJ/5.1299 GPA
DATED 1/25/14
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CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
Date: March 19, 2014
Subject: TTM 36715 at 100 North Cerritos Drive, The Sofia Condominiums
AFFIDAVIT OF PUBLICATION
I, Cynthia A. Berardi, Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun
on March 8, 2014.
1 declare der penal of perjury that the foregoing is true and correct.
Cynthia A. Elerardi, CMC
Deputy City Clerk
AFFIDAVIT OF POSTING
I, Cynthia A. Berardi, Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E.
Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office of the
City Clerk and on March 6, 2014.
1 declare u er penal of perjury that the foregoing is true and correct.
Cynthia A. B ardi, CMC
Deputy City Clerk
AFFIDAVIT OF MAILING
I, Cynthia A. Berardi, Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Notice of Public Hearing was mailed to each and every
person on the attached list on March 6, 2014, in a sealed envelope, with postage prepaid,
and depositing same in the U.S. Mail at Palm Springs, California. (76 notices)
I declare er penalty of perjury that the foregoing is true and correct.
Cynthia A0,Terardi, CMC
Deputy City Clerk
67
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs, CA 92262
760-778-4578/Fax 76D-778-4731
State Of California as:
County of Riverside
Advertiser: No 0370
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS/LEGALS CmoFPALMSPRINGS
PO BOX2743 TTH%ESOOPEACONDOMI� 15
PALM SPRINGS CA 922632 100NORTHCERRITOSDRIVE
NOTICE IS HEREBY GIVEN that the Cilv
Council of the City of Palm Spri California,w7911
hold a WWblic Tearing at As of M
2014.The Criy Candl meell, oeg rs at 6:&
2000409456 y m.,m the Council Charn Wrnnter al CityrgHeall, 3200
The Pu Hof he�hearl�on yis to consider Case
rd arid
Janet Blagel 15 aforeaPTeemeave Trecct MepGMecreate a
one bt,mid"nium mmaepp of nine 11g]unka. Th0
Projacl is bared d 100 North Cer Drive;
Zae R-2,Section 13.
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 r --- - -- -
hereby certify that the attached advertisement appeared t
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:
I
Newspaper: .The Desert Sun
I•_
3/8/2014 ,
C PoPM
,OMww+ r.ur wa
ENVIRONMENTAL DETERMINATION: A INXega•
live Declarap I,coon l xjon with Case 3.3625
MAJ was prepared for this project under the
p edellnes of the California Environmental lQQuahMg
Aq (CEOA) and urea adopted Sou 25 I acknowledge that I am a principal clerk of the printer of at oral hearing of ptamber
The Desert Sun, printed and published weekly in the City 2013. of rLrIgpub id ma6 view this doou:
of Palm Springs, County of Riverside, State of California. Hall, 32oo East nTaaqur�C.anyapartment,
n We, Palm
The Desert Sun was adjudicated a newspaper of general Springs.
circulation on March 24, 1988 by the Superior Court of the REVIEW OF PROJECT INFORMATION: The
sfa6 repot and oeler suppure aaoamems re•
County of Riverside, State of California Case No. gerdng this oo(s�t are awileblelar public review
191236. aI Cby Han betwy�en the here of atho a.m.and
tort Me 01aNhtha�1C1B�d�UIBO er�IVt� 32
e you wound Ym to
I declare under penalty of perjury that the foregoing is true view these deoum rft
COMMENT ON THIS APPLICATION: ReRw e
and correct. Execu on this Still day of March, 2014 in to this notice may be made verbs ny at thou
Hearing andor in willing before the heermg
Palm Springs, if rnia. -ten amneft may be made to the City Council by
9 letter(tot mall or hand delivery)to:_
Thompson City Clerk
Tah71/h Way
m Springs,CA I
nM' h terilpte0 m raising only proposed pro
reMefires rased
at the pubic hearing described in this rrohca,or In
wrmen correspondence delivered to the CeY Clerk
Dtclara4q�Siqnaturek
p� rethe jp). pre' (Gowarn�m
An Cppohmey win be given at laid hearing for all
In eregad poll"k)be head.Oeaalb s MganF
Ing this aNhiffy h�e dewed to Glenn.Mleker,As,
eitint Plamar Ptannng Services Department at
l G `760)3234249.
• 1"1 &Mosses"inja an eel tend,P-lftw[is—
Is drdtldtla Palm Sp
(Yge6hablar Co
Nadine Flegerteletor o(I60)
1� I James Thompson,City Clerk
psbpalad:dlfiH4
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JOHN & ELIZABETWHARKER R & R RADIO CORP GOUVIS ENGINEERING LTD
502-075-004 502-075-013 502-084-009
2023 E AN AS RD 2100 E TAHQUITZ CYN WAY 2150 E TAHQUITZ CYN WAY,STE 9
PALMS INGS, CA 92262-6807 PALM SPRINGS, CA 92262-7006 PALM SPRINGS, CA 92262-6818
1986 LLC MORTON REZ AZAHERI STEPH/NR502-076-008 502-171-0 502-064893 SARAGOSSA DR 18615 NDY DR 8724 DR APT D
PALM SPRINGS, CA 92262-0221 LOS GELES, CA 90025-5201 WESTOD, CA 90069-2239
DAVID MILLER WILLIAM MOORE TED LUCIANI
502-076-002 502-076-001 502-075.012
1943 E ANDREAS RD 1957 E ANDREAS RD 2013 E ANDREAS RD
PALM SPRINGS, CA 92262-6805 PALM SPRINGS, CA 92262-6805 PALM SPRINGS, CA 92262-6807
ELIZABETH BROUSSEAU NINA BROWN RICHARD &ANASTASIA BRAHAM
502-171-001 502-171-012 502-084-006
2056 PASEO ROSETA 2960 HACIENDA DRIVE 2115 E ANDREAS RD
PALM SPRINGS, CA 92262-7143 RENO, NV 89503-1860 PALM SPRINGS, CA 92262-6809
ARTHUR STRONG DONNA FLETMAN LESLIE LEVINE
502-084-005 502-084-004 502-084-003
2145 E ANDREAS RD 2179 E ANDREAS RD 2 WILLOW BEND RD
PALM SPRINGS,CA 92262-6809 PALM SPRINGS, CA 92262-6809 TRABUCO CANYON,CA 92679-4952
ROBERT FARINA PHI/FMOUTH
OREN TRAUB
502-083-012 502 502-083-002
1907 AGNES RD 398 DR 29112ND AVE UNIT 1120
MANHATTAN BEACH,CA 90266-2515 LOS CA 90027-1313 SEATTLE, WA 98121-3056
RANDALL HARMAT JANE BORRMAN FRANK WINSOR
502-081-019 502-081-018 502-172-007
201 N MICHELLE RD 16061 ROYAL OAK RD 2100 PASEO ROSETA
PALM SPRINGS, CA 92262-6814 ENCINO, CA 91436-3913 PALM SPRINGS, CA 92262-7145
FRANK KOKORUDZ LESLIE & DANIELLE KOVACS STEVEN TEMME
502-172-008 502-172-009 502-173-002
105 TERRAZZO CIRCLE 4028 DENNY AVE 3279 KEMPTON AVE
SAN RAMON, CA 94583-3066 STUDIO CITY, CA 91604-3414 OAKLAND, CA 94611-5825
BIRD FM & M REV TRUST JOY OBRIEN GARY LARSON
502-073-001 502-171-013 502-171-014
P.O. BOX 817 165 S AVENIDA ELENORA 149 S AVENIDA ELENORA
SANDPOINT, ID 83864-0817 PALM SPRINGS,CA 92262-7111 PALM SPRINGS, CA 92262-7111
MICHAEL P ARULSAMY ROBERT MEYER HOWARD SORKIN
502-071-002 502-071-001 502-173-001
222 NE CERRITOS DR 1013 SUMMIT LANE CIR NW `� 2004 E CALLE FELICIA
PALM SPRINGS, CA 92262-6531 OLYMPIC, WA 98502-9433 ` PALM SPRINGS,CA 92262-7132
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TARA L BONAMICI JOHN S RADOVICH MIKE SCHEBBI
502-171-015 502-171-016 502-173-015
1990 E CALLE FELICIA 68280 MARINA RD 2087 PAOEO ROSETA
PALM SPRINGS, CA 92262-7130 CATHEDRAL CITY, CA 92234-3671 PALM SPRINGS, CA 92262-7142
JACK BERNSTINE TRACY A GUILD ANTHONY 1 TOIA
502-061-008 502-171-003 502-171-004
136 AMBER DR 931 S WALNUT ST 350 W VEREDA SUR
SAN FRANCISCO, CA 94131-1626 LA HABRA, CA 90631-7153 PALM SPRINGS, CA 92262-4240
MAHMUDI ARMOUND DDS TAHQUITZ INVESTMENT LLC AZURE AQUA
502-171-005 502-171-008 502-171-010
1921 E TAHQUITZ CYN WAY 2045 E TAHQUITZ CYN WAY 3634 7T"AVE UNIT 14H
PALM SPRINGS, CA 92262-7001 PALM SPRINGS, CA 92262-7003 SAN DIEGO,CA 92103-4301
MALCOLM MCKAY BRADLEY WOLFF F M & M P BIRD REV TRUST
502-074-011 502-074-010 502-073-005
1944 SAN RAMON AVE 215 N CERRITOS DR P.O. BOX 817
MOUNTAIN VIEW, CA 94043-2960 PALM SPRINGS,CA 92262 SANDPOINT, ID 83864-0817
MICHAEL A GREEN JOHN G CALCARA JOEL D STONE
502-173-017 502-173-018 502-071-004
2057 PASEO ROSETA P.O. BOX 2846 2800 ELLIOTT AVE APT410
PALM SPRINGS, CA 92262-7142 PALM SPRINGS, CA 92263-2846 SEATTLE, WA 98121-1172
SEAN C MORAN USE BEAULIEU RICHARD P MAGARY
502-173-003 502-071-003 502-064-012
183 LOWER TER 232 NE CERRITOS DR 555 BUENA VISTA AVE W
SAN FRANCISCO, CA 94114-1412 PALM SPRINGS, CA 92262-6531 SAN FRANCISCO,CA 94117-4132
MARJORIE Q GOODWIN PALM SPRINGS TEACHERS ASSOC ALDEN & KATHRYN OSTMAN
502-173-004 502-064-009 502-173-005
1786 N ELLA MAE LN 180 N LURING DR 2100 E CALLE FELICIA
SAN JACINTO, CA 92583-2318 PALM SPRINGS, CA 92262-6839 PALM SPRINGS, CA 92262-7132
EDGAR&ANGELIKA CAICEDO CHARLES LJONES ANNE MARIA MATT
502-173-014 502-083-003 502-081-017
2824 W CANYON AVE 230 N MICHELLE RD 235 N MICHELLE RD
SAN DIEGO,CA 92123-4648 PALM SPRINGS, CA 92262-6815 PALM SPRINGS, CA 92262-6814
VICENT& BRIGITTA MULCAHY WILLIAM &GAIL JOHNSON GORDON C BALDWIN
502-081-016 502-073-004 502-073-003
197 8T"ST 1975 E EL ORO WAY 1945 E EL ORO WAY
BOSTON, MA 02129-4208 PALM SPRINGS, CA 92262-6565 PALM SPRINGS, CA 92262-6565
JOSE JIMENEZ CASILLAS FRANCISCO MONTOYA JAMES A KI ISCH
502-074-009 502-073-002 502-173 6
P.O. BOX 1106 1915 E EL ORO WAY 723#fSTMOUNT DR APT 306
PALM SPRINGS,CA 92263-1106 PALM SPRINGS,CA 92262-6565 W89T HOLLYWOOD,CA 90069-5167
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Utilisez le gabarit AVERY®5760® j chasrgement r6v6ler hr rebord Pop-UpTM 1-800-GO-AVERY
LUKE KENSEN NANCY BLOK ERSEN JO ANN SARA JACOB
502-173-013 101-083-0 502-172-016
3564 3DT" ST 1313 N ANKLIN PL APT 1904 848 GLORIETTA BLVD
SAN DIEGO,CA 92104-4143 MIL UKEE, WI 53202-2990 CORONADO, CA 92118-2306
GROUP ONE PROPERTIES INC
502-075-011 li
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8018 E SANTA ANA CYN RD#100
ANAHEIM, CA 92808-1102
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JOHN & ELIZABETH HARKER PHIL SELWAY
RETURNED MAIL 502-075-004 502-083-011
CASE TTM 36715 1587 CORDILLERAS ROAD 8017 FAREHOLM DRIVE
REDWOOD CITY, CA 94062 LOS ANGELES, CA 90046
JAMES A KIEDAISCH NANCY BLOK ANDERSEN
502-173-016 502-083-001
538 16T"STREET 208 N MICHELLE ROAD
SANTA MONICA, CA 90402 PALM SPRINGS, CA 92262
MR PETE MORUZZI
ms PALM SPRINGS MODERN COMMITTEE
� N Hi P.O. BOX 4738
PALM SPRINGS, CA 92263-4738
CITY OF PALM SPRINGS CASE TTM 36715
r IN"
'. . = � K PLANNING SERVICES DEPARTMENT MRS. JOANNE BRUGGEMANS
— ps �@'ft"!F?'V R - ATTN SECRETARY/TTM 36715 506 W. SANTA CATALINA ROAD
PO BOX 2743 PALM SPRINGS, CA 92262
PALM SPRINGS, CA 92263-2743
MS MARGARET PARK, DIRECTOR RI PATRICIA
BAL HIS
A L1 v LLIA
" SBA II_LA `; AGUA CALIENTE BAND OF CAHUILLA TO FICERTORIC IC P PRRESERVATION
-, -� d INDIANS AGUA CALIENTE BAND OF CAHUILLA
PLANNING& DEVELOPMENT DEPT. INDIANS
5401 DINAH SHORE DRIVE 5401 DINAH SHORE DRIVE
PALM SPRINGS, CA 92264 PALM SPRINGS,CA 92264
SOBOBA BAND OF LUISENO INDIANS pp '
mm
ATTN JOSEPH ONTIVEROS
�S erTni* oirun on C.wnnE oeoei Er_ei
CULTURAL RESOURCES MANAGER 7424-4 T" STRgiT nnAln
P.O. BOX 487
SAN JACINTO, CA 92581 109 RANCHOS DE ALBUQUERQUE, NIA
87107
- MR&MRS GERARD BIEGEL
DUNVEGAN SOUTH PROJECTS, LP AMIR ENGINEERING
70025 HWY 111, SUITE 101 160 LURING DRIVE, SUITE A
PALM SPRINGS, CA 92262
RANCHO MIRAGE, CA 92270
Cindy Berardi
From: Joanne Bruggemans
Sent: Wednesday, March O5, 2014 3:39 PM
To: Baristo; Movie Colony East; Sunmor
Cc: Cindy Berardi; Glenn Mlaker
Subject: PHN for CC Mar 19 2014 Sofia Condominiums TTM 36715
Attachments: PHN Sofia Condominiums TTM 36715 Mar 19 2014.pdf
Please find the attached Public Hearing Notice of the City Council of a proposed project in the vicinity of your
neighborhood organization.
Thank you,
4&441"
Joanne Bruggemans
City of Palm Springs
Planning Services Department
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
Phone: (760) 323-8245 Fax: (760) 322-8360
Email: ioanne.bruggemans palmspringsca-gov
�8
i
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
TENTATIVE PARCEL MAP 36715
THE SOFIA CONDOMINIUMS
100 NORTH CERRITOS DRIVE
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold
a public hearing at its meeting of March 19, 2014. The City Council meeting begins at 6:00 p.m., in
the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
The purpose of the hearing is to consider Case TTM 36715 an application by owners Gerard and
Janet Biegel, for a Tentative Tract Map to create a one lot, condominium map of nine (9) units.
The project is located at 100 North Cerritos Drive, Zone R-2, Section 13.
ENVIRONMENTAL DETERMINATION: A Negative Declaration in conjunction with Case 3.3625
MAJ was prepared for this project under the guidelines of the California Environmental Quality Act
(CEQA) and was adopted by the Planning Commission at their hearing of September 25, 2013.
Members of the public may view this document at the Planning Services Department, City Hall,
3200 East Tahquitz Canyon Way, Palm Springs.
REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents
regarding this project are available for public review at City Hall between the hours of 8:00 a.m.
and 6:00 p.m. Monday through Thursday. Please contact the Office of the City Clerk at (760) 323-
8204 if you would like to schedule an appointment to review these documents.
COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public
Hearing and/or in writing before the hearing. Written comments may be made to the City Council
by letter (for mail or hand delivery) to:
James Thompson, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposed project in court may be limited to raising only those issues raised at
the public hearing described in this notice, or in written correspondence delivered to the City Clerk
at, or prior to, the public hearing. (Government Code Section 65009[b][2]).
An opportunity will be given at said hearing for all interested persons to be heard. Questions
regarding this case may be directed to Glenn Mlaker, Assistant Planner, Planning Services
Department, at (760) 323-8245.
Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con
Nadine Fieger telefono (760) 323-8245.
mes Thompson, City Clerk
69
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CITY OF PALM SPRINGS
CASE : TTM 36715 DESCRIPTION: A Tentative Tract Map (TTM) to
create a one lot, condominium map of nine (9)
APPLICANT: Gerard and Janet units located at 100 North Cerritos Drive, Zone
Biegel R-2, Section 13.
70