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HomeMy WebLinkAbout2006-03-15 STAFF REPORTS 1A P AAM sa A, U N e % MfORI.iE0 iR3` { cg41FORa�P City Council Staff Report DATE: March 15, 2006 PUBLIC HEARING :>UBJECT: AN APPLICATION BY DESIGN ARC, AGENT FOR 803 NORTH PALM CANYON LLC, FOR CASE 5.1068, PLANNED DEVELOPMENT DISTRICT 316, AND TENTATIVE TRACT MAP 34214 TO SUBDIVIDE APPROXIMATELY 0.55 ACRES FOR CONSTRUCTION OF A MIXED- USE PROJECT CONSISTING OF TWELVE TWO-STORY RESIDENTIAL CONDOMINIUMS, A COMMERCIAL BUILDING, A PARKING GARAGE, AND ASSOCIATED LANDSCAPING LOCATED AT 803 NORTH PALM CANYON DRIVE ZONE C-1 / R-2, SECTION 10, APN: 505-283-009. FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY The City Council will consider a proposed Tentative Tract Map to subdivide land and a Planned Development District (PDD), to establish design standards and guidelines on a site approximately 24,170 square feet or 0.55 acres, for a mixed-use proposal of twelve two-story residential condominiums, a commercial building, a parking garage, common space, and associated landscaping. [RECOMMENDATION: 1. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO ADOPT A NEGATIVE DECLARATION, AND APPROVE CASE 5.1068, A PLANNED DEVELOPMENT DISTRICT 316, AND TENTATIVE TRACT MAP 34214, TO SUBDIVIDE APPROXIMATELY 0.55 ACRES FOR CONSTRUCTION OF A MIXED-USE PROJECT CONSISTING OF TWELVE TWO-STORY RESIDENTIAL CONDOMINIUMS, A COMMERCIAL BUILDING, PARKING, AND ASSOCIATED COMMON SPACE AND LANDSCAPING, LOCATED AT 803 NORTH PALM CANYON DRIVE ZONE C-1 / R-2, SECTION 10, APN: 505-283-009." PRIOR ACTIONS: On February 8, 2006, the project was reviewed by the Planning Commission, who adopted a favorable recommendation to City Council (by a vote of 6-0), which includes Item No. City Council Staff Report Case 5.1068/ PD 316 TTM34214 March 15, 2006 Page 2 of 14 the addition of a new condition #10, that requires the CC&R's to include a regulation prohibiting storage and signage on the second floor balconies. The Commission also requested amendment of Condition #74(b) that required the under-grounding of utility lines along said property to the nearest pole. On October 12, 2005 the Architectural Advisory Committee (AAC) reviewed the architecture and voted 6-0 to recommend approval with the following suggestions: 1. In the open garage, lighting can be problematic when it comes to addressing both safety and aesthetics. The lighting should be safe and aesthetically pleasing. 2. The CC&R's are important for the tenant's usage, and should solve important potential issues that will need to be addressed once the site is inhabited with residents. ANALYSIS "The site is located on North Palm Canyon Drive, a major thoroughfare, and was previously occupied by a furniture store that burned down many years ago. The site was cleared of debris and has remained vacant since the fire. The project is proposed as a combination of residential and commercial uses on an infill site, consisting of twelve two-story residential condominiums constructed on the second level above a parking garage, and attached to a commercial / retail building. Associated common space and landscaping are also proposed. The site is accessed from North Palm Canyon Drive onto a private shared driveway with an existing easement that separates the proposed project from the adjacent restaurant to the south. 'There is no specific zone or ordinance that addresses a combination of commercial and residential uses in the same building or on the same lot. The site in question is located in the C-1 zone that requires residential development within the zone to comply with R-2 development standards. The R-2 requires yards to be evaluated under R-3 standards. This results in a project being evaluated according to the zone in which the use is most directly regulated (e.g., C-1 for the commercial, R-2 and R-3 for the residential). A Planned Development District is currently the best available zoning tool to evaluate this project, which is requesting certain departures from three different zones (C-1, R-2, and R-3). In conjunction with the PDD application, a Tentative Tract Map has been filed to allow subdivision of the site for condominium purposes. 'The first level contains a single story commercial building approximately 3,500 square feet that fronts on North Palm Canyon Drive, a major thoroughfare. The .parking garage, also on the first level, is attached to the west side or rear of the commercial building and is subterranean by approximately two feet. Parking also exists on the ground level behind the parking garage. The parking garage includes private residential and retail parking spaces. City Council Staff Report Case 5.1068/PD 316 TTM34214 March 15, 2006 Page 3 of 14 The residential units are located on top of the parking garage and commercial building totaling a height of thirty feet. The residential units are attached two-story units. A courtyard separates the residential units on the west side from the units on the east side, and a single unit is proposed on the central-north side. The exterior courtyard includes a pool, spa, containerized plantings and eleven cabanas on the second story directly above the parking garage. A total of thirty-five parking spaces are proposed. Exterior landscaping includes a small public area at the juncture of the northwest corner of the private driveway and North Palm Canyon Drive. In response to the comments by the AAC, the City Police Department reviewed the plans and commented that the lighting does not cause a safety concern within the parking garage. To address the aesthetic concern by the AAC, lighting fixture cut sheets will be submitted to the Planning Department for staff approval prior to the issuance of building permits. A neighborhood meeting was organized by the applicant and held on Monday November 7, 2005 at the Thai Kitchen II Restaurant on the corner of North Palm Canyon and Tamarisk and the neighbors that attended the meeting were satisfied with the design and layout of the proposed project. A more detailed analysis can be viewed in the attached Planning Commission Staff Report dated February 8, 2006. Findings in support of approving the proposed project are included in the attached draft resolution of approval. The Planning Commission determined that combining commercial and residential uses would be compatible with the immediate neighborhood. The Commission noted that the proposed residential units are condominiums and the existing residential uses in the vicinity are apartments. Pursuant to the California Environmental Quality Act, an Environmental Initial Study was conducted for the proposed project. A draft Negative Declaration of environmental impact was prepared for the proposed Planned Development District and Tentative Tract Map and is included as an attachment to this report. 0 i' FISCAL IMPACT: IFinance Director Review �,�` ��> � No fiscal impact. J' A. Ewing, CP homas Wilso , Assistant City Manager Dir c�sx of lann' g Services Development ervices City Council Staff Report Case 5.1068/PD 316 TTM34214 March 15, 2006 Page 4 of 14 David H. Ready, City ,Attachments: 1. Vicinity Map 2. Draft Resolution 3. Conditions of Approval 4. Reduced Site Plans & Elevations 5. Planning Commission Staff report dated 02/08/06 6. Planning Commission Minutes dated 02/08/06 7. Copy of Initial Study and Negative Declaration City Council Staff Report j Case 5.1068/ PD 316 TTM34214 March 15, 2006 �I Page 5 of 14 Department of Planning Services w N E Vicinity Map N S t--r7� L EL ALAMEDA O U G7 W � a TAMARISK RD z O z a U Q O Z MERITO PL � F�ffim J � a o z Legend °� LLJ 4 5�0 Feet z GRANVIA VALMONTE City Council Staff Report Case 5.1068/ PD 316 TTM34214 March 15, 2006 Page 6 of 14 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO ADOPT A NEGATIVE DECLARATION, AND APPROVE CASE 5.1068, A PLANNED DEVELOPMENT DISTRICT 316, AND TENTATIVE TRACT MAP 34214, TO SUBDIVIDE APPROXIMATELY 0.55 ACRES FOR CONSTRUCTION OF A MIXED-USE PROJECT CONSISTING OF TWELVE TWO- STORY RESIDENTIAL CONDOMINIUMS, A COMMERCIAL BUILDING, PARKING, AND ASSOCIATED COMMON SPACE AND LANDSCAPING, LOCATED AT 803 NORTH PALM CANYON DRIVE ZONE C-1 / R-2, SECTION 10, APN: 505-283-009. WHEREAS, 803 North Palm Canyon LLC, owner, has filed an application with the City pursuant to The City of Palm Springs of the Municipal Code Section 9.62, Section 94.02.00 of the Zoning Ordinance, and Section 94.03.00 of the Zoning Ordinance, for the establishment of TTM 34214, and establishment of Planned Development District :316, to construct a mixed-use proposal of twelve two-story residential condominiums, a commercial building, a parking garage, common space, and associated landscaping; and WHEREAS, in accordance with Section 15303 of the California Environmental Quality Act (CEQA) guidelines, a draft Negative Declaration of environmental impact was prepared for the proposed project; and WHEREAS, the proposed Tentative Tract Map would allow re-subdivision of land for condominium purposes, and WHEREAS, said Tentative Tract Map was submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comments and requirements; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 5.1068, PD-316, and TTM 34214, was given in accordance with applicable law; and WHEREAS, on February 8, 2006 a public hearing to consider Case No. 5.1068, PD- 316, and TTM 34214, was held by the Planning Commission in accordance with applicable law and all of the evidence was presented in connection with the public hearing on the proposed project, the Negative Declaration, along with all written and oral testimony presented, with a recommendation that the City Council adopt the City Council Staff Report Case 5.1068/PD 316 TTM34214 March 15, 2006 Page 7 of 14 Negative Declaration, and approve Case Number 5.1068 consisting of a mixed-use proposal of twelve two-story residential condominiums, a commercial building, a parking garage, common space, and associated landscaping; and WHEREAS, the proposed Planned Development District 316 is considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA"), and a Draft Negative Declaration has been prepared for this Project and provided to the Planning Commission on February 8, 2006, and was distributed to local agencies and interested parties for a 20-day review and comment between January 13, 2006 through February 2, 2006, in accordance with CEQA; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider said Case Number 5.1068; and WHEREAS, on March 15, 2006, a public hearing on the application for the project was held by the City Council in accordance with applicable law; and, WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the City Council has considered the effect of the proposed project on the housing needs of the region, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources; and WHEREAS, in accordance with Section 15063 of the California Environmental Quality Act guidelines, an Initial Study was prepared which found that the proposed project could not have a significant effect on the environment; 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, all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that the current environmental assessment for Case No. 5.1068, PD-316, and TTM 34214, adequately addresses the general environmental setting of the proposed. The City Council further finds that no significant environmental impacts will result from this project and therefore recommends adoption of a Negative Declaration for the project. Section 2: Pursuant to Section 94.02.00 of the Zoning Ordinance, the City Council makes the following findings: n � 1. City Council Staff Report Case 5.1068/PD 316 TTM34214 March 15, 2006 Page 8 of 14 a. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code; The Planned Development District requires the findings of a conditional use permit. The zone states that condominiums shall be permitted only by conditional use permit. The R-2 zone allows multi-family development and the C-1 zone permits commercial development, therefore, the Planned Development application is proper. b. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located, The General Plan designation is The Gallery District, which includes the unique corridor of regional-serving art galleries, design furnishings establishments, specialty shops and restaurants, while maintaining a consistent pattern of development. The policies describe accommodating housing units on the second level or higher or to the rear of the building. Based on the neighborhood character, which includes commercial and mixed-use commercial / residential, and the consistent setback to North Palm Canyon Drive, the project design is compatible with the existing adjacent properties. The proposed project consists of a commercial component that could house any number of the uses described in the Gallery District. The uses will be monitored by the requirements of the zoning ordinance. The residential component is proposed on the second level of the building, therefore the proposal is consistent with the General Plan. c. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood; The project is located 42 feet from the Thai Restaurant to the south and 49 feet to the World Market towards the north. The rear of the parking garage is 49.5 feet from the existing wall on the rear property line. The proposed landscape design and designated area is larger of a higher aesthetic quality than most of the surrounding properties, therefore the site is adequate in size and can adjust to existing and permitted future uses. City Council Staff Report Case 5.1068/ PD 316 TTM34214 March 15, 2006 Page 9 of 14 Many properties on North Palm Canyon Drive contain zero lot lines, consistent rear setbacks of approximately forty to sixty feet and commercial and residential combined uses with balconies that front on North Palm Canyon Drive. Staff believes that based on the neighborhood character, the proposed setbacks, walls, landscaping and other features are compatible with the existing adjacent properties. d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use; The site is accessed from North Palm Canyon Drive onto a private shared driveway easement that separates the proposed project from the adjacent restaurant to the south. North Palm Canyon Drive is designed to accommodate the anticipated traffic generated by the surrounding commercial and residential land uses that are existing and proposed. Traffic impacts associated with this land use designation were addressed in the 1993 General Plan Environmental Impact Report. e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. Such conditions may include: i. Regulation of use, The commercial uses will be regulated through the business license process per the requirements of the zone. ii. Requiring street, service road or alley dedications and improvements or appropriate bonds, Right of way dedication is not required for this project. iii. Regulation of points of vehicular ingress and egress, A traffic signal light exists at the intersection of North Palm Canyon Drive and the entrance to the site. iv. Regulation of signs, A separate sign program will be required for the commercial business located in the commercial portion of the development. v. Requiring landscaping and maintenance thereof, AND vi. Requiring maintenance of the grounds, The maintenance of the grounds and landscape plant material will be governed by the Home Owner's Association. City Council Staff Report Case 5.1068/PD 316 TTM34214 March 15, 2006 Page 10 of 14 vii. Regulation of noise, vibration, odors, etc., Noise and vibrations will be regulated during the construction phase by the acceptable hours established in the City Municipal Code. viii. Regulation of time for certain activities, Hours of operation for the commercial businesses will be determined when a commercial / retail use application is submitted to the city. The application will be reviewed in accordance with the municipal code and zone requirements. iv. Time period within which the proposed use shall be developed, The project is required to begin substantial construction within two years after final development approval. Section 3: Pursuant to Zoning Ordinance Section 94.03.00, the City Council finds that: a. The twelve residential condominiums are a permitted use in conformity with the required findings and conditions as set forth in Section 94.02.00 (Conditional use permit), the General Plan and sound community development. b. A full range of development standards are established appropriate to the orderly development of the site which shall include the following: Table 1.0 Z ning and General Plan Designation and Ad'acent Land Uses DEVELOPMENT C-1 STANDARDS R-2 / R-3 PROPOSED STANDARDS STANDARDS Lot Area 20,000 s . ft. 20,000 s . ft. 24,167 s . ft. existing Lot Dimension width 100, 140' 100' existing Lot Dimension depth 150' 175' 241' existing Minimum Frontage on 100' n/a 100, Dedicated/Improved street. Building Height 30' 24' 30' commercial 30' residential 3/stories total Front Setback 5' from PL. 30' Commercial - 5'. balconies — at PL. living space - 7' bedrooms - 20' Open space/usable 50% 30% maximum R-2. combining decks, Landscape space 45% usable open balconies, open space, City Council Staff Report Case 5.1068/ PD 316 TTM34214 March 15, 2006 (Page 11 of 14 space R-3 commons ace - 54%. DEVELOPMENT C-1 STANDARDS R-2 / R-3 PROPOSED STANDARDS STANDARDS Gross floor 2,000 sq.ft. n/a 3500 sq. ft. area/commercial minimum Side Yard Abutting Corner lot 20' 24.3' South Residential 20'. Regular side 10'. 0' North Abutting Alley 10". Collector 20' Rear Yard C1 20' Minimum setback 49.5' equal to its height...30' 150' abutting R-1 Distance between Residential to 42' to Thai Restaurant buildings Residential 15'. 49' to World Market Interior court 30' 7' between unit 7 and 6. 6' between unit 5 and 6. 59' between all units across the courtyard. Parking 12 Retail, 1 18 condo 1 covered 27covered disabled (H.C.) space/ unit 1 8 uncovered = 35 handicapped unit spaces. 2 are 3 Guest = 35 handicapped spaces Density 12 units 12 condo units Handicapped garage 8' 2" 8' 2" 8' 2" height c. This Planned Development District is established through application of the property owner in accordance with the public hearing procedures of the Conditional Use Permit as set forth in Section 94.02.00(B), the requirements of the California Environmental Quality Act, and the approval of preliminary and final development plans. d. Development of this Planned Development District shall be subject to the requirements of section 94.03.00 and shall conform to the specifications of the final development plan as approved by the City Council. e. The approval of the preliminary development plans constitutes approval of the preliminary Planned Development District, which shall be incorporated into and become a part of the Final Planned Development District City Council Staff Report Case 5.1068/ PD 316 TTM34214 March 15, 2006 Page 12 of 14 f. The applicant shall submit a final development plan for approval by the planning commission. The final plan shall be substantially in conformance with the approved preliminary plan and shall incorporate all modifications and conditions made to the preliminary development plan made by the Planning Commission and City Council, and shall be submitted with the final development plan checklist provided by the Department of Planning Services. g. The proposed Planned Development is necessary because of the shortage of housing in California, and proper at this time, and is not likely to be detrimental to the adjacent property or residents. Section 4: Additional findings are required for the proposed subdivision pursuant to Section 66474 of the Subdivision Map Act. These findings, and a discussion of the project as it relates to these findings follow: a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The General Plan designation is Resort Commercial using The Gallery District provisions. The Gallery District is described in the General Plan as a unique corridor of regional-serving art galleries, design furnishings establishments, specialty shops and restaurants, while maintaining a consistent pattern of development. The policies describe accommodating housing units on the second level or higher or to the rear of the building. The neighborhood character includes commercial and mixed-use commercial / residential development with consistent setback to North Palm Canyon Drive. The project design is compatible with the existing adjacent properties because it proposes similar setbacks, commercial use on North Palm Canyon Drive and housing units located on the second level, therefore consistent with the policies and objectives of the General Plan. b. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. The proposed project design and improvements are consistent with the proposed PD-316 in which the property for the proposal is located. Development standards proposed as part of the planned development district provide flexibility in design details related to setbacks, on-site parking, building arrangement, and building height. C. The site is physically suited for this type of development. City Council Staff Report Case 5.1068/ PD 316 TTM34214 • March 15, 2006 Page 13 of 14 The site was previously a commercial development, is flat, and measures approximately 0.55 acres which is large enough to accommodate the proposal applying the adopted development standards. 9. The site is physically suited for the proposed density of development. The proposed 0.55 acre development area of project site can accommodate 12 condominium units, a commercial building, a parking garage, common space, and associated landscaping without significant grading, the site abuts an improved shared easement with existing utilities, and the site is accessed by a major thoroughfare. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The Negative Declaration prepared for the proposal adequately addresses the general environmental setting of the project and for the project and finds that the project will have no adverse impact on the environment. 1° The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the proposed subdivision includes the provision of public water and sewer systems, a drainage design that protects the development area and an access system that provides an orderly system of internal driveways and parking. 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. The design of the subdivision will not conflict with existing easements for access through or through the use of the property. The design of the subdivision accommodates the existing and proposed drainage way. Section 5: The City Council adopts the Negative Declaration for Case Number fi.1068 — PD-316, Tentative Tract Map 34214, and project architectural approval, and directs staff to file the associated Notice of Exemption. Section 6: The City Council approves Case Number 5.1068, PD-316, and Tentative Tract Map 34214. ADOPTED, this 15th day of March, 2006. City Council Staff Report Case 5.1068/ PD 316 TTM34214 March 15, 2006 Page 14 of 14 MAYOR ATTEST: City Clerk CERTIFICATION: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 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 March 15, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California v' �7 Case No. 5.1068 803 North Palm Canyon LLC. 803 North palm Canyon Drive March 15, 2006 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 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. PROJECT SPECIFIC CONDITIONS Administrative 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1068. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. City Council Meeting/COA March 15, 2006 Page 2 of 13 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. Pursuant to Fish and Game Code Section 711.4 a filing fee of $64.00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the form of a money order or cashier's check payable to Riverside County. 5. 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 or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision 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 Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 6. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. The applicant shall submit a property appraisal to the Planning Services Department for the purposes of calculating the Park Fee. The Park Fee shall be payable prior to the issuance of building permits. CC&R's 7. The applicant prior to issuance of building permits shall submit three (3) sets of a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director i City Council Meeting/COA March 15,2006 Page 3 of 13 of Planning Services for approval in a form to be approved by the City Attorney, to be recorded prior to certificate of occupancy. The CC&Rs shall be submitted with a list of the adopted conditions of approval and an indication of where applicable conditions are addressed in the CC&Rs. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances. 8. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2000, for the review of the CC&R's by the City Attorney. A filing fee, in accordance with the fee schedule adopted by the City Council, shall also be paid to the City Planning Services Department for administrative review purposes. 9. 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. 10. The CC&R's shall state that storage and signage on the second floor balconies is prohibited. Cultural Resources 11. 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. 12. Given that portions of the project area are within an alluvial formation, the possibility of buried resources is increased. A Native American Monitor shall be present during all ground-disturbing activities. Finial Design 13. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. 14. The final development plans shall be submitted in accordance with Section 94.03.00 of the Zoning Ordinance. Final development plans shall include site plans, building City Council Meeting/COA March 15,2006 Page 4 of 13 elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. 15. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning Services prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of the hillside is permitted. 16. Lighting design and manufacturer's specification sheets must be approved by the Planning Department prior to the issuance of building permits. Public Safety CFD 17. 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. GENERAL CONDITIONS/CODE REQUIREMENTS 18. Architectural approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 19. The Conditional Use Permit approval shall be valid for a period of two (2) years. Once constructed, the conditional use permit, provide all conditions of approval have been complied with, does not have a time limit. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. City Council Meeting/COA March 15,2006 Page 5 of 13 • 20i. The appeal period for a Planned Development District application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 21. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning Services for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 22. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 23, The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 24. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 25. All materials on the flat portions of the roof shall be earth tone in color. 26. All awnings shall be maintained and periodically cleaned. 27. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 28. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 29. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 30. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. � 'v' r) City Council Meeting/COA March 15,2006 Page 6 of 13 31. The street address numbering/lettering shall not exceed eight inches in height. 32'. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. 33. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 34. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 35. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 36, No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 37. 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. 38. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 39. The applicant shall provide all tenants with Conditions of Approval of this project. 40. Loading space facilities shall be provided in accordance with Section 9307.00 of the Zoning Ordinance. Said facilities shall be indicated on the site plan and approved prior to issuance of building permits. 41. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 42. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the City Council Meeting/COA March 15,2006 j Page 7 of 13 path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 43. Compact and handicapped spaces shall be appropriately marked per Section 93.06.00.C.10. 44. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. 45. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 46. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements. 47, Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 48. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 49. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) feet wide. 50. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. POLICE DEPARTMENT 51. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. BUVLDING DEPARTMENT 52. Prior to any construction on-site, all appropriate permits must be secured. FIRE City Council Meeting/COA March 15,2006 Page 8 of 13 5:5. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is required. 54. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. (1002.1 CFC) Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is in the path of exit travel near an exit door. 55. Residential Smoke Detector Installation: Provide Residential Smoke Detectors. Detectors shall receive their primary power from the building wiring, and shall be equipped with a battery backup. 56. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. 57. Fire Alarm System: Fire Alarm System required. Installation shall comply with the requirements of NFPA 72. ENGINEERING STREETS 58„ Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. NORTH PALM CANYON DRIVE 59. All broken or oft grade street improvements shall be repaired or replaced. SANITARY SEWER 60. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 61. All on-site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site sewer system acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. GRADING City Council Meeting/COA March 15, 2006 Page 9 of 13 62. 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. 63. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Precise Grading and Paving Plan. 64. 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 Tentative Tract Map; a copy of current Title Report; and a copy of Soils Report. 65. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 66. A 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 soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Grading Plan. 67, In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The City Council Meeting/COA March 15,2006 Page 10 of 13 California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 68. This project may be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating stormwater runoff, may be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. If required, such measures shall be designed and 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). 69. 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. 70. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $9,212.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. ON-SITE 71. The minimum pavement section for all on-site pavement shall be 2'/z 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. 72. A reciprocal access easement shall be prepared in a form acceptable to the City Engineer providing unlimited and unrestricted access to the proposed rear parking lot from North Palm Canyon Drive across Lot 117 of Merito Vista in Map Book 12, Page 94. The reciprocal access easement shall be executed by the appropriate parties City Council Meeting/COA March 15,2006 Page 11 of 13 prior to issuance of a building permit, and shall be recorded, with a copy provided to the City Engineer, prior to issuance of a certificate of occupancy. GENERAL 7211. 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. 74. All proposed utility lines shall be installed underground. 75. 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. A detailed plan approved by the owner(s) of the affected utilities depicting all above ground facilities in the area of the project to be under- grounded, shall be submitted to the Engineering Division prior to approval of any grading plan. a. The existing overhead utilities across the west property line meet the requirement to be installed underground. The applicant is advised to investigate the nature of these utilities, the availability of undergrounding these utilities with respect to adjacent and off-site properties, and to present its case for a waiver of the Municipal Code requirement, if appropriate, to the Planning Commission and/or City Council as part of its review and approval of this project. City Council Meeting/COA March 15,2006 •i� Page 12 of 13 i 76. All existing utilities shall be shown on the Precise Grading and Paving Plan required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. 77. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD drawing file) and DXF (AutoCAD ASCII drawing exchange file). Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 78. The original Precise Grading and Paving Plan prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as-built" information and returned to the Engineering Division prior to issuance of a certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 79. Contact Whitewater Mutual Water Company to determine impacts to any existing water lines and other facilities that may be located within the property. Make appropriate arrangements to protect in place or relocate any existing Whitewater Mutual Water Company facilities that are impacted by the development. A letter of approval for relocated or adjusted facilities from Whitewater Mutual Water Company shall be submitted to the Engineering Division prior to issuance of a grading permit. 80. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 81. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. MAP 82. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 83, A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Engineer for review and approval for any restrictions related to the i City Council Meeting/COA March 15, 2006 Page 13 of 13 i Engineering Division's recommendations. The CC&R's shall be provided with the first submittal of the final map, and shall be approved by the City Engineer prior to approval of the Final Map. 84. Upon approval of a final map, the final map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of- way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD drawing file), DGN (Microstation drawing file), and DXF (AutoCAD ASCII drawing exchange file). Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC 85. A minimum of 48 inches of clearance shall be provided on public sidewalks for handicap accessibility. Minimum clearance on public sidewalks 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 Farrell Drive, Tahquitz Canyon Way, Baristo Road, and Civic Drive frontages of the subject property. 86. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, and striping associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 87. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones" dated 1996, or subsequent additions in force at the time of construction. 88. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. 01/18/2006 02:02 7603419321 PAGE 02 it ROEMER HARNIK & NE?HER YLL P 1,AWYFRS 45-025 MAI+rn>l.DRIVE. IADIAN WL*LLs,CMAK)RIIA 92210 RICHARD 1.ROF.mm- TELEPHONE.(760)360-2400 BRr 4N S.I1ARfQR• F.4cmNm E(760)360-1211 1).MARTINNETIIE.RY' N FI.EFF:P.DREVI•x 0 0011.15n MARY li.(iR SI RAP JAMES T.1.ATI mG: •I•.r ra.rz•>m(;wr January 16, 2006 Descrt Design Builders, Inc. :attention: Wally Hrdficka 74-541 Old Prospect Trail Palm Dcscrt, California 92260 Re: Parking Easement-Lot 1 16 Merito Vista Tract Dear Mr. Hrdlicka: his firm's opinion has been requested concerning the permissible utilization of the parking lot casement set forth in the Declaration of Covenants, Conditions and Restrictions and Grant of Easements dated February 20,2003 and recorded as Document Number 2003-295709. The described easement benefits the oymer of Lot 116 and establishes an"exclusive" easement for parking for the benefit of Lot 116. We are advised that you plan to build over that casement but leave the parking below fire building. 11 appears that the only"encroachment"on the casement would lie the foundation and walls on the pet imctcr of the described easement which would be slight and not interfere with parking. The CC&R's dated February 20, 2003, were for the benefit of the then owner, Paula Summers,who owned all three Lots, 115 ,1 16 and 117, By the terms of sections E and h on page Iwo of the CC&R's it appears tha(one of the purposes i f not the main purpose of the preparation and recording of the CC&R's covering those lots and creating lhen2 was to accommodate"the design and construction of improvements on Lot 116 as shown by exhibit C to the CC&R's". Exhibit C clearly shows construction on a portion of the so-called "exclusive"casement oil Lot 116. The next to last paragraph in section 3 of the CC&R's refers to an access area to provide the owner of Lot 116 arecss"to the private driveway to be utilized by the owner of Lot 116 to -ain access to the exclusive oarkina area to be secured upon Lot 116, as described in section 6 below". 01/1.8/2006 02,02 7603419321 PAGE 03 i i i i Desert Dc.vign Builders, Inc. Attention: Wally Hrdlicka Jamraiy 16. 2006 ['age 2 Paragraph 6 of the CC&R's clearly describes what the owner of Lot 116 is entitled to do with Lot 116 and the various easements over Lots 115 and 117 with respect to landscaping and access. Section 6 goes on to state"all properly be located to the east of the wall,within the boundaries of Lot 1 16 shall lie used to constitute an exclusive parljngarca,with such area to be utilized only by the owner, occupants and patrons of Lot t lG"(emphasis added). "Exhibit G depicts the location of the walls to be.constructed on Lot 116 and further describes and depicts location of the exclusive parking area to be used only by the owner of Lot 116. Ilte owner of Lot 116 shall be responsible for all design and improvement and maintenance costs for the property described in exhibit G". The later quotes clearly state the difference between "common parking easement"and "exclusive parking easement". Lastly,paragraph 12 of the CC&R's indicates that the forgoing are covenants running With the land for the benefit and detriment,i f you will,of future owners and occupants of each ofthe three Lots. The third edition of Miller&Starr California Real Estate Chapter 15 section 15.65 discusses the nature of an easement. It states "an casement is non-exclusive unless it has been made exclusive buy the express terns of the instrument creating it or the parties have evidence of their intent that it is exclusive." There are a great number of cases supporting the forgoing statement. It goes on to state"that an exclusive easement is an unusual interest in land; it is close to becoming a fee title. More importantly an exclusive casement is terminated because a person cannot have an easement on his or her own land. California Civil Code section 805, Ponevich v. G' Neat 0963)219 C42d 553, 557 In light of the forgoing it is the opinion of this writer that the so-called exclusive parking casement on Lot 116 has been terminated by merger, therefore the owner of Lot 116 could if it so wished build on the so-called exclusive easement area. The building of course cannot interfere with the common casement around the perimeter of Lots 115_ 116 and 117. Please advise ifyou require further information. Yours very trul, Rot1,m F?t�.HARNIK&NETI1tiRY LL.P i r ,/" i.i f,'y f RICITARn 1. RoEMER RIR:ci 4. The property described and depicted in.Exhibit "F," as consisting of a portion of the paved parking areas now situated•upon and servicing Lots 115, 116 and 117, shall be deemed to be subject to a non-exclusive parking and access easement burdening and benefitting Lots 115, 116, and 117. The property described on Exhibit "F" shall be utilized as a common parking area benefitting each of Lots 115, 116 and 117. With respect to Lot 116, the non-exclusive parking casementlarea shall be deemed to affect only the westerly 50 feet of Lot 116. In addition to being utilized as a common parking area'for-each of the lots, the Westerly 50 feet of Lot 116 shall also be utilized to provide a non-exclusive access to Lot 115. The easement created pursuant to the provisions of this Section 4 and the land and improvements located within and/or described in Exhibit"F" may hereinafter sometimes be referred to as the "Common Parking Easement." 5. Subject to the rights and obligations of the owners of Lots 115, 116 and 117 with respect to the use and maintenance of the Common Parking Easement described in Exhibit "F," the owner of each of Lots 115, 116 and 117, respectively, shall be responsible in the first instance far maintaining all improvements located on such owner's lot. 6. Summers, as the present owner of Lots 115, 116-,and 117, now contemplates the sale of Lot 116, with Lot 116 to be improved generally in accor$ance with the plans attached as Exhibit "C.".To accommodate the design, improvement and operation of Lot 116, Summers, as the owner of the Property, consents to the construction of a wall on Lot 116, with such wall to be located approximately 50 feet to the east of the westerly property line of Lot 116. The wall to be constructed on Lot 116 shall enclose a portion of the existing paved parking area. All property to be located to the east of the wall and otherwise"within the boundaries of Lot 116, shall be deemed-to constitute an exclusive parking area, with such area to be utilized only by the owner, occupants and patrons of Lot 116. Exhibit "G," which is attached hereto shall depict the location of the wall(s) to be constructed on Lot 116 and shall further describe and/or depict the location of the exclusive parking area to be utilized"only by the owner of Lot 116. The owner of Lot 116 shall be solely responsible for all design, improvement and maintenance costs for the property described in Exhibit "G." 7. Except as provided in this Declaration, the owner of each of Lots 115, 116 and 117 will be responsible for and will bear the risk and liability associated with the design and construction of improvements to be located on the respective lots. Subject to the provisions of Sections 9 and 10, the owners of each of Lots 115, 116 and 117 will contribute equally to the expense of cleaning, maintaining and/or repairing the Access Easement described in Exhibit "E," as well as the Common Parking Easement described in Exhibit "F." 8. The Access Easement described in Exhibit "E" is intended to accommodate the installation and/or undergrounding of utilities to serve Lots L15, 116 and 117, respectively. The owners of each of the lots shall be responsible for all construction costs incurred in installing utility lines to serve the respective lot, With the owner responsible for the construction to also be responsible for all costs incurred in repairing any damage to the improvements located on Exhibit "E." The non-exclusive access/entry road to be constructed and maintained on Exhibit "E" shall be maintained to a width of not less than 30 feet. K:1DAT'A\SISCHELL112369.2VrEASE.DL21021403109:MM 4 :k v EXHIBIT "►F"► � L2 T.P.0.6. • LOT 993 50.00' c i W X 0 U n X� L®4 99� Q � � W I O a 0 LOT LINE BETWEEN Z ACCESS EASEMENT LOT 116 AND LOT 117 Q U — LANDSCAPE - EASEMENT Q � LANDSCAPE EXISTING ( - EASEMENT ACCESS PROPOSED EASEMENT ACCESS Z — EASEMENT L4 — — LOY 997 - -L5 LINE DATA NUMBER DIRECTION DISTANCE Lt N 00'09'00" W 294.08' L2 N 89'36'30" E 50.00', L3 N 00'09'00" W 253.31' L4 N 89'52'33" E 75.00' 0' 50' 100' 150' 200' L5 N 89'36'30" E 125.00' L6 N 00'09'00" W 40?%2O SCALE 1"=50' MATATIERO, SMITH AND ASSOCIATES, INC. PLANNING / CIVIL ENGINEERING / LAND SURVEYING 777 E. TAHQUIT2 CANYON IIAY, S= 301 PAW SPRWU% CALIFO.RAU 02262-6784ID TELEPHONE (760) 320-9811 /FA% 323-7883 ' u PL PL t III � . moA• , I a 2. WEST COURTYARD ELEVATION 1.EAST ELEVATION (FROM N. PALM CANYON) — 1. a. ` 11 r .a` 3.SOUTH ELEVATION (FROM ACCESS ROAD( ✓] Z O F- MATERIAL KEYNOTES PL.t swrmrma mm� "I rmewuacsaa• PT-1 n mTn'f9 W MT.Y un+usNv.nn MA-1 w ieena•arem' W MT-2 "wuean..a irr n "c P.1 �amwe«uR N ai PT-]ax w.p.mm d MT9 a m[w,Yasen F.mm OW.1 uf'nit¢anik_a. PT•/w xvsnaf wo-i DW-R�,m °- .ayuw .P.;6mp`."7.x.m p N J - ENTIAL COMMERCIAL SCALE: 1P•I • Q - , ff � SE RESIO b R - xw • LAJ 7,7: ... -----—— 2. EAST COURTYARD ELEVATION I.WEST ELEVATION PL -------------- PIT ................. 3, NORTH ELEVATION O MATEPIALK YNOTES PL.1 P— .T.1 bus xP'n MA-1 F cnraanam PT2 MT-2 MT. DW-1 won 2 LEE SCALE SZNPALIfC P—I L--�—wmwo 2.WEST COURTYARD ELEVATION 1-EAST ELEVATION (FROM N. PALM CANYON) 'IT -------------- L A. 3. SOUTH ELEVATION (FROM ACCESS ROAD) O MATERIAL KEYNOTES ILI sxrruarm CN.1 'T, MAI PT-2 MTh m—nlo-- T.T DWI N—A Vnr PT.,I. n— .0-1 ow-2 ORTH PALM rAN� "--q��DUEf R ESIDENTIALICOMMERCIAL SCALE! x � --------V,Iv, 2. 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U GRADE 1 0 ) J F � ❑ Q rm a I 2�I z II I l POOL - - • I I 77, '�2$1.,G7' SPA _ COMMON PARKING LANDSCAPE EASEMENT EASEMENT 'E%IST INGRE RESTAURANT STORY, RE STAURANT C-1 I� ROOF/SITE PLAN SCALE:1/1 V-1'-0' i I ;aQ p ALM Sp�i ,A 2 c v � i k C "3P q<iFORa` PLANNING COMMISSION STAFF REPORT Date: February 8, 2006 To: Planning Commission Application I.D.: Case 5.1068 PD 316 TTM34214 Application Type: Planned Development District (PDD) and Tentative Tract Map (TTM) Location: 803 North Palm Canyon Drive Applicant: Design Arc on behalf of North Palm Canyon, LLC APN: 505-283-009 Zoning: C-1 Retail Business Zone and R-2, Limited Multi-family Residential General Plan Designation: RC, Resort Commercial From: Craig A. Ewing, AICP, Director of Planning Services (Planner: Diane Bullock, Associate Planner DESCRIPTION The project application consists of a Planned Development District (PDD) to establish design standards and guidelines on a site approximately 24,170 square feet, or 0.55 acres, for a mixed-use proposal of twelve two-story residential condominiums, a commercial building, parking garage and associated landscaping. In conjunction with the PDD, a Tentative Tract Map has been filed to allow re- subdivision of the site for condominium purposes. Architectural approval for the proposed project is also requested. The site is accessed from North Palm Canyon u.).- n i Planning Commission Staff Report February 8,2006 Final PD 316 Case 5.1068TTM34214 Page 2 of 33 I Drive onto a private shared driveway easement that separates the proposed project from the adjacent restaurant to the south. The first level contains a single story commercial building, nine-feet tall, approximately 3,500 square feet, and fronts on North Palm Canyon Drive, a major thoroughfare. The parking garage, also on the first level, is attached to the west side or rear of the commercial building and is subterranean by approximately two feet. Parking also exists on the ground level behind the parking garage. The parking garage includes private residential and retail parking spaces. The residential units are located on top of the parking garage and commercial building equaling a height of thirty feet. The residential units are attached two-story units. A courtyard separates residential Units 7-12 on the west side, Units 1-5 on the east side, and Unit six on the central-north side. The exterior courtyard includes a pool, spa, containerized plantings and eleven cabanas on the second story directly above the parking garage. A total of thirty-five parking spaces are proposed. Exterior landscaping will also include a small public area at the juncture of the northwest corner of the private driveway and North Palm Canyon Drive. RECOMMENDATION That the Planning Commission: 1. Recommend that the City Council approve the adoption of proposed Negative Declaration (Section 1507) in accordance with the California Environmental Quality Act (CEQA); and 2. Recommend that the City Council approve Tentative Tract Map 34214 for the subdivision of approximately 0.55 acres into a twelve residential condominiums, an attached commercial / retail building, a parking garage, and associated landscaping; and 3. Recommend that the City Council approve Planned Development District 316 for the construction of 12 condominium residences, an attached commercial / retail building, a parking garage, and associated landscaping, located at 803 North Palm Canyon Drive, Zone C-1, R-2, Section 10, APN: 505-283-009. PRIOR ACTIONS The lot was established as Lot 116 of the Merito Vista Tract recorded April 28, 1931. The site has been vacant since the previous building that occupied the site burned down several years ago. On August 3, 2005, Design Arc on behalf of 803 North Palm Canyon Drive, LLC submitted an application for a Tentative Parcel Map and Planned Development District. I Planning Commission Staff Report February 8,2006 i Final PD 316 Case 5.1068TTM34214 Page 3 of 33 I i On October 12, 2005 the Architectural Advisory Committee (AAC) reviewed the architecture and voted 6-0 to recommend approval with the following suggestions: 1. In the open garage, lighting can be problematic when it comes to addressing both safety and aesthetics. The lighting should be safe and aesthetically pleasing. 2. The CC&R's are important for the tenant's usage, and should solve important potential issues that will need to be addressed once the site is inhabited with residents. In response to the comments by the (AAC), the City Police Department reviewed the plans and commented that the lighting does not cause a safety concern within the parking garage. To address the aesthetic concern by the (AAC), lighting fixture cut sheets will be submitted to the Planning Department for staff approval prior to the issuance of building permits. A neighborhood meeting was held on Monday November 7, 2005 at the Thai Kitchen II Restaurant on the corner of North Palm Canyon and Tamarisk and the neighbors that attended the meeting were satisfied with the design and layout of the proposed project. BACKGROUND AND SETTING 'The site is located on North Palm Canyon Drive, a major thoroughfare, and was previously occupied by a furniture store that burned down many years ago. The site was cleared of debris and has remained vacant since the fire. The proposed project is an infill mixed-use commercial / residential building. The site is generally flat, does not include any significant plant material, and is not identified as having any natural community that could be affected by the project. Scenic vistas to the mountains west of North Palm Canyon Drive are through the corridors created between buildings and through the streets running east /west. The majority of the existing buildings fronting North Palm Canyon Drive are two-story, some with architectural features that meet and exceed approximately thirty feet. Several of the buildings in the vicinity of the proposed project that front North Palm Canyon Drive are a combination of residential apartments and commercial uses. ADJACENT LAND USES Table 1.0 Zoning and General Plan Designation and Adjacent Land Uses Orientation Land Use General Plan Zoning North Commercial RC Resort C1 Central Retail Commercial Business Zone Gallery District South Commercial RC Resort C1 Central Retail a_ i Planning Commission Staff Report February 8,2006 i Final PD 316 Case 5.1068TTM34214 Page 4 of 33 Commercial Business Zone Gallery District East Commercial RC Resort C1 Central Commercial Retail Business Gallery District Zone West Single- L-2 Low Density Residential R-2 Limited Multi- Family family Residential PROJECT DESCRIPTION COMMERCIAL BUILDING The commercial component, measures 3,500 square feet and is approximately two feet below the sidewalk. The project proposes a height of approximately nine feet tall for the commercial portion of the building. Residential units located on top of the commercial building contain street-front balconies that recede westerly, six feet. The front of the building is twenty-six tall at the third story and recedes another seven feet west culminating at thirty feet tall, which is the maximum permitted height in the C-1 Zone. The building is taller than several other buildings in the vicinity that front North Palm Canyon Drive. The front setback on North Palm Canyon Drive is five feet, and includes the required 50% landscaped area and associated decorative paving. The main entrance to the commercial space is located directly on the north-east side of the building with stairs leading into the interior space. A handicapped accessible pedestrian entrance is located off North Palm Canyon Drive on the south side of the commercial building and includes a ramp leading down into the interior space. The interior space contains columns and could potentially be divided into more than one unit or remain one large commercial space. The exterior space in front of the south entrance includes a public space with a water feature, decorative paving and landscaping. RESIDENTIAL UNITS The two-story residential units consist of the second and third story of the building and are connected to the parking garage and commercial component. Units (1-4) measure 1,440 square feet, Unit 5 is 1,350 square feet, Unit 6 is 1,871 square feet and Units (7- 12) are 1,440 square feet. All units are two-bedroom and contain their own private balconies. The first floor of the residential unit, (second story of the building), is nine feet four inches tall and the second floor, (third story), is ten feet tall. ARCHITECTURAL ELEMENTS The style of the building is modern and the color palette contains five colors that relate to areas of the building designated with letter symbols shown on the elevations. PT-1 is called Limey and is a light lime green color, PT-2 is called Ardmore Green and is an Planning Commission Staff Report February 8,2006 Final PD 316 Case 5.1068TTM34214 Page 5 of 33 olive tone green color, PT-3 is called Blue Room and is a medium blue color, PT-4 is called Mysterious and is a light sand color, and WD-1 is recycled composite wood, painted Mackay Cedar which is a medium reddish-brown color. The exterior of the building will be finished in an exterior cement plaster painted a sand float finish. Color finished corrugated steel panels are used throughout the project. Other metals used in the proposed project include metal cable guardrail, and metal security screen. The block used is a pigmented concrete masonry unit called, Angeles Block and is painted Summer Precision, a dark tan color. Windows and doors in the commercial component are glazed a light grey and the mullions are aluminum with a bronze anodized finish. COURTYARD The outdoor courtyard is the recreational portion of the proposed project. It contains a lap pool, which bears its load in a walled earth-filled containment area on the first level of the parking garage. The courtyard contains eleven assigned cabanas and roof top planters. PARKING and PARKING GARAGE The partially enclosed parking garage is the first story of the mixed-use project (behind the street-front commercial building) and is accessed from a common parking easement between the proposed project and the restaurant to the south. The entrance into the parking garage is proposed at the required height standard of eight feet two inches high to accommodate a van with a lift. The parking garage is approximately two feet subterranean. The parking proposal includes the required eighteen parking spaces and three guest spaces for the residential units. Twelve of the residential spaces are enclosed private spaces measuring 11' x 22'. The commercial component proposes the required fourteen parking spaces with one van accessible space and one regular handicapped space located adjacent to the residential lobby that houses the elevator and the garage entrance to the commercial component. The required thirty-five parking spaces are represented as twelve enclosed residential spaces, twenty-one shared commercial / residential spaces, and two disabled spaces. Fifteen of the spaces are compact and twenty-seven are covered. EASEMENTS The site (Lot 116) and surrounding lots 115 and 117, contain CC&R's recorded on February 20, 2003. The CC&R's (1)(4) describes the utilization of easement space delineated on the Easement Diagram on Cover Sheet / Roof Plan drawing # A.0.0. Shared easements between all lots are depicted accurately on the Easement Diagram according to the CC&R's. A letter from Roemer Harnik and Nethery LLP is included in the attachments outlining the area listed as "exclusive parking area", and interprets that the easement is proposed for parking and will only contain walls, therefore a parking lot is in keeping with the intent of the "exclusive parking area". Planning Commission Staff Report February S,2006 Final PD 316 Case 5.1068TTM34214 Page 6 of 33 PUBLIC AMENITY and LANDSCAPE The public amenity is located on the northwest corner of North Palm Canyon Drive and Tamarisk. The proposal includes a twenty-four foot wide landscaped area along the landscape easement, shade trees, a water feature, a seating area, decorative paving and a water feature. The rear of the parking garage and the rear yard next to the wall also contains landscaped space. Plant species include, Agave, Soft Rush, Soap Aloe, Palo Verde, and other various water efficient plant material. ANALYSIS GENERAL PLAN The General Plan designation is Resort Commercial using The Gallery District provisions. The Gallery District is described in the General Plan as a unique corridor of regional-serving art galleries, design furnishings establishments, specialty shops and restaurants, while maintaining a consistent pattern of development. The policies describe accommodating housing units on the second level or higher or to the rear of the building. The neighborhood character includes commercial and mixed-use commercial / residential development with consistent setback to North Palm Canyon Drive. The project design is compatible with the existing adjacent properties because it proposes similar setbacks, commercial use on North Palm Canyon Drive and housing units located on the second level, therefore consistent with the policies and objectives of the General Plan. RESORT OVERLAY The proposed project is located within the Resort-Combining Zone. The zone states that condominiums shall be permitted only by conditional use permit, but are subject to the R-2 / R-3 standards. Commercial development is subject to the C-1 standards. The Resort overlay is intended to provide for accommodations and services for visitors to the city while guarding against the intrusion of competing land uses. The zone states that the Planning Commission must make the findings that the proposed use is compatible with its surroundings and that the site is not appropriate for other uses allowed by right within the underlying zone. The Planned Development is a conditional use permit for the residential condominium component and the commercial component will provide a service to the visitors of the city as a retail use. Staff believes that combining commercial and residential uses is compatible with the immediate neighborhood, the only difference being that the proposed residential component are condominiums and the existing residential uses in the vicinity of the proposal are apartments. A discussion of the project in light of the specific findings is presented below. Planning Commission Staff Report February 8,2006 Final PD 316 Case 5.1068TM34214 Page 7 of 33 PLANNED DEVELOPMENT DISTRICTS Section 94.03.00 of the Zoning Ordinance states that: "the Planned Development District is designed to provide various types of land use, which can be combined in compatible relationships with each other as part of a totally planned development. It is the intent of this district to insure compliance with the general plan and good zoning practice while allowing certain desirable departures from the strict provisions of specific zone classifications. The advantages, which are intended to result from the application of the planned development district, are to be insured by the adoption of a precise development plan with a specific time limit for commencement of construction." Under the PDD, the applicant has requested relief from some of the R-2 / R-3 development standards, and requests the use of development standards in C1 for the project as shown in Table 2.0. Table 2.0 compares the development standards for the R-2 Zone, the C-1 Zone and the proposed development standards. Table 2.0 Existing and Proposed Development Standards DEVELOPMENT C-1 STANDARDS R-2I R-3 PROPOSED STANDARDS STANDARDS Lot Area 20,000 s . ft. 20,000 s . ft. 24,167 s . ft. exstn Lot Dimension width 100' 140' 100' existing Lot Dimension depth 150' 175' 241' existin Minimum Frontage 100, n/a 100, on Dedicated/Improved street. Building Height 30' maximum 24' two story 30' commercial commercial Residential 30' residential 3/stories total Front Setback 5' 30' commercial- 5'. decks at PL. living space at 7' bedrooms at 20' Open space/usable 50% 30% maximum for R- combining decks, Landscape space 2. balconies, open 45% usable open space, common space space for R-3 - 54%. Gross floor 2,000 sq.ft. minimum n/a 3500 sq. ft. area/commercial Side Yard Abutting Residential Corner lot 20' 24.3' South 20'. Regular side 10'. 0' North Abutting Alley 10". Collector 20' DEVELOPMENT C-1 STANDARDS R-2 / R-3 PROPOSED Planning Commission Staff Report February 8,2006 Final PD 316 Case 5.1068TTM34214 Page 8 of 33 STANDARDS STANDARDS Rear Yard 20' 30' 49.5' 150' abuttin R-1 Distance between Residential to 42' to Thai Restaurant buildings Residential 15'. min. 49' to World Market Distance in interior 7' between unit 7 and court 30' 6. 6' between unit 5 and 6. 59' between all units across the courtyard. Parking 12 Retail, 1 disabled 18 condo 1 covered 27covered (H.C.) space/unit 1 H.C. 3 8 uncovered = 35 Guest = 35 spaces. 2 are handicapped spaces Density_ 12 units 12 condo units Handicapped garage 8' 2" 8' 2" 8' 2" height There is no specific zone or ordinance that addresses a combination of commercial and residential uses in the same building or on the same lot. This results in a project being evaluated according to the portion of the zone in which it is located. A Planned Development District is currently the best available zoning tool to evaluate this project, which is requesting certain departures from three different zones (C-1, R-2, and R-3). The C-1 zone permits many types of commercial uses in conjunction with multi-family development subject to the R-3 zone development standards. The C-1 zone allows a building height of 30 feet. The R-2 and R-3 zone allows a building height of 24 feet, unless abutting an R-1 residential zone, which requires a maximum height of 15 feet, not exceeding one story, and with a setback of 150-feet. • Section 94.03.00 (C)(1) states that "building heights shall conform to the requirements of the underlying zoning district." The height requirement for the underlying zone C-1 is thirty-feet, therefore, based on the Planned Development District portion of the zoning ordinance, the overall building height of thirty feet tall for the proposed project is compliant. Regarding setbacks, the R-2 zone refers to the R-3 zone for setbacks. The R-3 standards require not less than thirty feet of setback facing a major thoroughfare and setback equivalent to building height on the side and rear yards (this could vary from 24-30 feet). When abutting an R-1 residential zone, a height not greater than fifteen feet, not exceeding one story, and with a 150-foot setback is required. (Staff notes that The C-1 zone requires a minimum front yard setback of five feet and a side and rear yard setback of twenty feet where it abuts a residential zone.) • Section 94.03.00(C)(3) states that....."front yard setbacks compatible with the existing or potential development adjacent and / or opposite from existing development shall be required to provide for an orderly and uniform transition Planning Commission Staff Report February 8,2006 Final PD 316 Case 5.1068TTM34214 Page 9 of 33 along streetscapes to preserve, protect and enhance the properties adjacent to • the proposed PD." Many properties on North Palm Canyon Drive contain zero lot lines, consistent rear setbacks of approximately forty to sixty feet and commercial and residential combined uses with balconies that front on North Palm Canyon Drive. Staff believes that based on the neighborhood character, the proposed setbacks are compatible with the existing adjacent properties. Open space requirements of the R-2 zone conflict with the C-1 zone. The C-1 zone requires a minimum of 50% of all yards to be maintained as landscaped space. The R- 2 zone requires 30% maximum for R-2. The R-3 requires 45% open space of usable landscaped space. Based on the above discussion, staff has identified the following zoning standards that are proposed to be modified by the requested Planned Development District. • Section 94.03.00 (C)(5) states that "open space for planned districts shall be equal to or greater than the minimum open space requirement for the zone in which the planned district is located, unless otherwise approved by the planning commission and city council. Recreational areas, drainage facilities and other man-made structures may be considered to meet a part of the open space requirements. • Section 94.03.00(C)(5)(b) states that: 'open space for commercial, industrial and mixed uses shall be determined by the development plan approved by the planning commission and city council. Open space for C-1 is 50% of the building setback yielding a requirement of 205 square feet for the subject site. The project proposes 222 square feet. The proposal for the residential portion is to consider open space as balconies, common space / recreation area at the pool deck, the landscape easement, and additional landscaping. The aforementioned areas equal 54% open space. The zoning ordinance does not define 'open space" in the definition section. While placing open space in areas other than the ground floor is permissible,under Section 94.02.00(C)(5)(b), past interpretations of open space for other projects have required that the open space be located on the ground floor. Since the proposed mixed-use is a new development type for the city, an opportunity for interpretation of open space exists. Staff believes that if the project were located on the ground surface, the outdoor recreational space would be considered as open space. The second story recreational space and terrace are usable open space, so therefore, may reasonably be considered as counting toward the open space requirement. 'The mixed-use project proposal of mixed-use residential and commercial is consistent with the intent of the Gallery district and with the permitted uses of the C-1 and R-2 Planning Commission Staff Report February 8,2006 Final PD 316 Case 5.1WMIV134214 Page 10 of 33 zones. The modifications requested are not out of place with the neighboring context, and staff believes that the requested departures from the R-2 zone are reasonable requests and that this development would benefit the immediate neighborhood because by combining housing and commercial in the urban setting, people will live close to the retail services and also utilize the proposed commercial uses. REQUIRED FINDINGS Findings are required for the proposed Planned Development pursuant to Section 94.02.00 of the Zoning Ordinance. These findings and a discussion of the project as it relates to these findings are as follows: a. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code; The Planned Development District requires the findings of a conditional use permit. The zone states that condominiums shall be permitted only by conditional use permit. The R-2 zone allows multi-family development and the C-1 zone permits commercial development, therefore, the Planned Development application is proper. b. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located, The General Plan designation is The Gallery District, which includes the unique corridor of regional-serving art galleries, design furnishings establishments, specialty shops and restaurants, while maintaining a consistent pattern of development. The policies describe accommodating housing units on the second level or higher or to the rear of the building. Based on the neighborhood character, which includes commercial and mixed-use commercial, / residential, and the consistent front and rear setback to North Palm Canyon Drive, the project design is compatible with the existing adjacent properties. The proposed project consists of a commercial component that could house any number of the uses described in the Gallery District. The uses will be monitored by the requirements of the zoning ordinance through the business license or use permit application. The residential component is proposed on the second level of the building, therefore the proposal is consistent with the General Plan. c, That the site for the intended use is adequate in size and shape to accommodate :such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood; "ml i Planning Commission Staff Report February 8,2006 it Final PD 316 Case 5.1068TTM34214 Page 11 of 33 The project is located forty-two feet from the Thai Restaurant to the south and forty-nine feet to the World Market towards the north. The rear of the parking garage is 49.5-feet from the existing wall on the rear property line. The proposed landscape design and designated public area is larger and the aesthetic quality of the proposed design is more appealing than most of the surrounding properties, therefore the site is adequate in size and can adjust to existing and permitted future uses. Many properties on North Palm Canyon Drive contain zero lot lines, consistent rear setbacks of approximately forty to sixty feet and commercial and residential combined uses with balconies that front on North Palm Canyon Drive. Staff believes that based on the neighborhood character, the proposed setbacks, walls, landscaping and other features are compatible with the existing adjacent properties. d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use; The site is accessed from North Palm Canyon Drive onto a private shared driveway easement that separates the proposed project from the adjacent restaurant to the south. North Palm Canyon Drive is designed to accommodate the anticipated traffic generated by the surrounding commercial and residential land uses that are existing and proposed. Traffic impacts associated with this land use designation were addressed in the 1993 General Plan Environmental Impact Report. e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. Such conditions may include: i. Regulation of use, The commercial uses will be regulated through the business license process per the requirements of the zone. ii. Fences and walls, A rear property line wall exists and will be maintained by the Home Owner's Association governed by required CC&R's. di. Requiring street, service road or alley dedications and improvements or appropriate bonds, Right of way dedication is not required for this project. iv. Regulation of points of vehicular ingress and egress, l I i Planning Commission Staff Report February 8,2006 Final PD 316 Case 5.106MM34214 Page 12 of 33 i A traffic signal light exists at the intersection of North Palm Canyon Drive and the entrance to the site. v. Regulation of signs, A separate sign program will be required for the commercial business located in the commercial portion of the development. vi. Requiring landscaping and maintenance thereof, AND vii. Requiring maintenance of the grounds, The grounds and landscape maintenance will be governed by the Home Owner's Association. vii. Regulation of noise, vibration, odors, etc., Noise and vibrations will be regulated during the construction phase by the acceptable hours established in the City Municipal Code. viii. Regulation of time for certain activities, Hours of operation for the commercial businesses will be determined at the time any use application is submitted and according to the municipal code and zone requirements. viv. Time period within which the proposed use shall be developed, The project is required to begin substantial construction within two years after final development approval. ENVIRONMENTAL ASSESSMENT Pursuant to Section 15063 of the CEQA guidelines, a draft Negative Declaration of environmental impact was prepared for the proposed project and is included as an attachment to this report. The Environmental Assessment was also distributed to local agencies and interested parties. A Notice of Determination has been sent to the County Riverside. (NOTIFICATION The public hearing notice for the proposed project was published in the Desert Sun newspaper. A public hearing notice was mailed to all property owners within 400 feet of the subject property. As of the writing of this report, staff has received one inquiry from the public on the nature of the project with no comments given. Planning Commission Staff Report February 8,2006 Final PD 316 Case 5.1068TTM34214 Page 13 of 34 i i i Diane A. Bullock Associate Planner �J Arai in i P Dire for of Pn ing Services Attachments 1. Vicinity Map 2. Draft Resolution 3. Conditions of Approval 4. Draft Negative Declaration 5. Reductions I I Planning Commission Staff Report February 8,2006 Final Pb 316 Case 5,1068TTM34214 Page 14 of 33 Department of Planning Services W E Vicinity Map S EL ALAMEDA LU b d TAMARISK RD U Z Q d 2 O MERITO PL Legend � ® stte W�W 500 Feet — Z GRANVIA VALMONTE I Planning Commission Staff Report February 8,2006 Final PD 316 Case 5.1068TTM34214 Page 15 of 33 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING THAT . THE CITY COUNCIL ADOPT A NEGATIVE DECLARATION, AND APPROVE PLANNED DEVELOPMENT DISTRICT 316, TENTATIVE TRACT MAP 34214, AND CASE 5.1068 TO RE-SUBDIVIDE APPROXIMATELY ONE HALF AN ACRE FOR CONSTRUCTION OF A MIXED-USE PROJECT CONSISTING OF TWELVE TWO-STORY RESIDENTIAL CONDOMINIUMS, A COMMERCIAL BUILDING, A PARKING GARAGE, AND ASSOCIATED LANDSCAPING LOCATED AT 803 NORTH PALM CANYON DRIVE ZONE C-1 / R-2, SECTION 10, APN: 505-283-009. WHEREAS, 803 North Palm Canyon LLC, owner, has filed an application with the City pursuant to Section 9.62 of the Municipal Code, Section 94.02.00 of the Zoning Ordinance, and Section 94.03.00 of the Zoning Ordinance, for the establishment of TTM 34214, and establishment of Planned Development District 316, to construct twelve two- story residential condominiums, a commercial building, a parking garage, and associated landscaping; and WHEREAS, in accordance with Section 15303 of the California Environmental Quality Act (CEQA) guidelines, a draft Negative Declaration of environmental impact was prepared for the proposed project; and 'WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 5.1068, TTM 34214, PD 316, and, project architectural approval was given in accordance with applicable law; and WHEREAS, on February 8, 2006, a public hearing was held by the Planning Commission in accordance with applicable law; 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, all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to Section 15063 of the CEQA guidelines, a draft Negative Declaration of environmental impact was prepared for the proposed project. Planning Commission Staff Report February 8,2006 Final PD 316 Case 5.1068TTM34214 Page 16 of 33 Section 2: Pursuant to Section 94.02.00 of the Zoning Ordinance, the Planning Commission finds: a. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code; The Planned Development District requires the findings of a conditional use permit. The zone states that condominiums shall be permitted only by conditional use permit. The R-2 zone allows multi-family development and the C-1 zone permits commercial development, therefore, the Planned Development application is proper. b. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located; The General Plan designation is The Gallery District, which includes the unique corridor of regional-serving art galleries, design furnishings establishments, specialty shops and restaurants, while maintaining a consistent pattern of development. The policies describe accommodating housing units on the second level or higher or to the rear of the building. Based on the neighborhood character, which includes commercial and mixed-use commercial / residential, and the consistent setback to North Palm Canyon Drive, the project design is compatible with the existing adjacent properties. The proposed project consists of a commercial component that could house any number of the uses described in the Gallery District. The uses will be monitored by the requirements of the zoning ordinance. The residential component is proposed on the second level of the building, therefore the proposal is consistent with the General Plan. c. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood; The project is located 42 feet from the Thai Restaurant to the south and 49 feet to the World Market towards the north. The rear of the parking garage is 49.5 feet from the existing wall on the rear property line. The proposed landscape design and designated area is larger of a higher i Planning Commission Staff Report February 8,2006 Final PD 316 Case 5.1068TTM34214 Page 17 of 33 II aesthetic quality than most of the surrounding properties, therefore the site is adequate in size and can adjust to existing and permitted future uses. Many properties on North Palm Canyon Drive contain zero lot lines, consistent rear setbacks of approximately forty to sixty feet and commercial and residential combined uses with balconies that front on North Palm Canyon Drive. Staff believes that based on the neighborhood • character, the proposed setbacks, walls, landscaping and other features are compatible with the existing adjacent properties. d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use; The site is accessed from North Palm Canyon Drive onto a private shared driveway easement that separates the proposed project from the adjacent restaurant to the south. North Palm Canyon Drive is designed to accommodate the anticipated traffic generated by the surrounding commercial and residential land uses that are existing and proposed. Traffic impacts associated with this land use designation were addressed in the 1993 General Plan Environmental Impact Report. e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. Such conditions may include: i. Regulation of use, The commercial uses will be regulated through the business license process per the requirements of the zone. ii. Requiring street, service road or alley dedications and improvements or appropriate bonds, Right of way dedication is not required for this project. iii. Regulation of points of vehicular ingress and egress, A traffic signal light exists at the intersection of North Palm Canyon Drive and the entrance to the site. iv. Regulation of signs, A separate sign program will be required for the commercial business located in the commercial portion of the development. i Planning Commission Staff Report February 8,2006 Final PD 316 Case 5.1068TTM34214 Page 18 of 33 i v. Requiring landscaping and maintenance thereof, AND vi. Requiring maintenance of the grounds, The maintenance of the grounds and landscape plant material will be • governed by the Home Owner's Association. vii. Regulation of noise, vibration, odors, etc., Noise and vibrations will be regulated during the construction phase by the acceptable hours established in the City Municipal Code. viii. Regulation of time for certain activities, Hours of operation for the commercial businesses will be determined when a commercial / retail use application is submitted to the city. The application will be reviewed in accordance with the municipal code and zone requirements. iv. Time period within which the proposed use shall be developed, The project is required to begin substantial construction within two years after final development approval. Section 3: Pursuant to Zoning Ordinance Section 94.03.00, the Planning Commission finds that: a. The twelve residential condominiums are a permitted use in conformity with the required findings and conditions as set forth in Section 94.02.00 (Conditional use permit), the General Plan and sound community development. b. A full range of development standards are established appropriate to the orderly development of the site which shall include the following: DEVELOPMENT C-1 STANDARDS R-2 / R-3 PROPOSED STANDARDS STANDARDS Lot Area 20,000 s . ft. 20,000 s . ft. 24,167 s . ft. exstn Lot Dimension width 100' 140' 100' existing Lot Dimension depth 150' 175' 241' existin Minimum Frontage on 100' n/a 100, Dedicated/Improved street. Building Height 30' maximum 24' two story 39 commercial commerciaI Maximum 30' residential residential 3/stories total I I Planning Commission Staff Report February 8,2006 Final PD 316 Case 5.1068TTM34214 Page 19 of 33 Front Setback 5'from PL. 30' Commercial -5'. balconies—at PL. living space - 7' bedrooms - 20' Open space/usable 50% 30% maximum R-2. combining decks, Landscape space 45% usable open balconies, open space, space R-3 commons ace - 54%. Gross floor 2,000 sq.ft. 3500 sq. ft. area/commercial minimum Side Yard Abutting Corner lot 20' 24.3' South Residential 20'. Regular side 10'. 0' North Abutting Alley 10". Collector 20' Rear Yard C1 not less than Minimum setback 49.5' 20'. equal to its height...30' 150' abuttin R-1 Distance between Residential to 42' to Thai Restaurant buildings Residential 15'. min. 49' to World Market Distance in interior 7' between unit 7 and court 30' 6. 6' between unit 5 and 6. 59' between all units across the courtyard. Parking 12 Retail, 1 18 condo 1 covered 27covered disabled (H.C.) space/ unit 1 H.C. 3 8 uncovered = 35 Guest = 35 spaces. 2 are handicapped spaces Density 12 units 12 condo units Handicapped garage 8' 2" 8' 2" 8' 2" height c. This Planned Development District is established through application of the property owner in accordance with the public hearing procedures of the Conditional Use Permit as set forth in Section 94.02.00(B), the requirements of the California Environmental Quality Act, and the approval of preliminary and final development plans. d. Development of this Planned Development District shall be subject to the requirements of section 94.03.00 and shall conform to the specifications of the final development plan as approved by the City Council. e. The approval of the preliminary development plans constitutes approval of the preliminary Planned Development District, which shall be incorporated into and become a part of the Final Planned Development District Planning Commission Staff Report February 8,2006 Final PD 316 Case 5.1068TTM34214 Page 20 of 33 f. The applicant shall submit a final development plan for approval by the planning commission. The final plan shall be substantially in conformance with the approved preliminary plan and shall incorporate all modifications and conditions made to the preliminary development plan made by the Planning Commission and City Council, and shall be submitted with the final development plan checklist provided by the Department of Planning Services. Section 4: The proposed Planned Development is necessary because of the shortage of housing in California, and proper at this time, and is not likely to be detrimental to the adjacent property or residents. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing the Planning Commission hereby recommends that the City Council approve: 1. Filing of a negative declaration of environmental impact. 2. Approval of Tentative Tract Map 34214 for the re-subdivision of approximately .55 acres into 12 residential condominiums; and 3. Approval of Case 5.1068 a Planned Development District 316 for the construction of 12 residential condominiums, a commercial building, covered parking, and associated landscaping. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby recommends that the City Council approve Case No. 5.1068, TTM 34214, and PDD 316. ADOPTED this day of 2006. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Chairman of the Planning Commission Secretary of the Planning Commission Planning Commission Staff Report February 8,2006 Final PD 316 Case 5.1068TfM34214 Page 21 of 33 Case No. 5.1068 803 North Palm Canyon LLC. 803 North palm Canyon Drive February 8, 2006 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 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. PROJECT SPECIFIC CONDITIONS ,Administrative 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1068. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall .maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that Planning Commission Staff Report February 8,2006 Final PD 316 Case 5.1068TfM34214 Page 22 of 33 extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. Pursuant to Fish and Game Code Section 711.4 a filing fee of $64.00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the form of a money order or cashier's check payable to Riverside County. 5. 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 or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision 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 Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the all work and protect the public rights of access and viewing. 6. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. The applicant shall submit a property appraisal to the Planning Services Department for the purposes of calculating the Park Fee. The Park Fee shall be payable prior to the issuance of building permits. CC&R's 7. The applicant prior to issuance of building permits shall submit three (3) sets of a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning Services for approval in a form to be approved by the City Attorney, to be recorded prior to certificate of occupancy. The CC&Rs shall be submitted with a list of the adopted conditions of approval and an indication of where applicable conditions are addressed in the CC&Rs. The CC&R's shall be enforceable by the Planning Commission Staff Report February 8,2006 Final PD 316 Case 5.1068TTM34214 Page 23 of 33 City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances. 8. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2000, for the review of the CC&R's by the City Attorney. A filing fee, in accordance with the fee schedule adopted by the City Council, shall also be paid to the City Planning Services Department for administrative review purposes. 91. 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. Cultural Resources 10. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. 11. Given that portions of the project area are within an alluvial formation, the possibility of buried resources is increased. A Native American Monitor shall be present during all ground-disturbing activities. Final Design 12. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. 13. The final development plans shall be submitted in accordance with Section 94.03.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. 14. An exterior lighting plan in accordance with Zoning Ordinance Section 93,21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning Services prior to the issuance of building permits. Manufacturer's Planning Commission Staff Report February 8,2006 ' Final PD 316 Case 5.1068TTM34214 Page 24 of 33 it cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of the hillside is permitted. 15. Lighting design and manufacturer's specification sheets must be approved by the Planning Department prior to the issuance of building permits. Public Safety CFD 16. 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. GENERAL CONDITIONS/CODE REQUIREMENTS 17. Architectural approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 18. The Conditional Use Permit approval shall be valid for a period of two (2) years. Once constructed, the conditional use permit, provide all conditions of approval have been complied with, does not have a time limit. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 19. The appeal period for a Planned Development District application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 20. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning Services for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 21. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. Planning Commission Staff Report February 8,2006 Final PD 316 Case 5.1068TTM34214 Page 25 of 33 22. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 23. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 24. All materials on the flat portions of the roof shall be earth tone in color. 25. All awnings shall be maintained and periodically cleaned. 26. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 27. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 28. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 29. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 30. The street address numbering/lettering shall not exceed eight inches in height. 31. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. 32. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 33, Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 34. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. Planning Commission Staff Report February 8,2006 Final PD 316 Case 5.1068TTM34214 Page 26 of 33 35. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 36. 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. 37. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 38. The applicant shall provide all tenants with Conditions of Approval of this project. 39. Loading space facilities shall be provided in accordance with Section 9307.00 of the Zoning Ordinance. Said facilities shall be indicated on the site plan and approved prior to issuance of building permits. 40. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 41. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 42. Compact and handicapped spaces shall be appropriately marked per Section 93.06.00.C.10. 43. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. 44. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. Planning Commission Staff Report February 8,2006 Final PD 316 Case 5.10681TM34214 Page 27 of 33 445. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements. 46. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 47. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 4:8. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) feet wide. 49. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. POLICE DEPARTMENT 50. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 51. Prior to any construction on-site, all appropriate permits must be secured. FIRE 52. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is required. 53, Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. (1002.1 CFC) Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is in the path of exit travel near an exit door. 54. Residential Smoke Detector Installation: Provide Residential Smoke Detectors. Detectors shall receive their primary power from the building wiring, and shall be equipped with a battery backup. 55. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Planning Commission Staff Report February 8,2006 Final PD 316 Case 5.1068TfM34214 Page 28 of 33 56. Fire Alarm System: Fire Alarm System required. Installation shall comply with the requirements of NFPA 72. ENGINEERING STREETS 57. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. NORTH PALM CANYON DRIVE 58. All broken or off grade street improvements shall be repaired or replaced. SANITARY SEWER 59, All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 60. All on-site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site sewer system acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. GRADING 61. 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. 62. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance Planning Commission Staff Report February 8,2006 Final PD 316 Case 5.1068TTM34214 Page 29 of 33 with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Precise Grading and Paving Plan. 63. 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 Tentative Tract Map; a copy of current Title Report; and a copy of Soils Report. 64. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 65. A 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 soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Grading Plan. 66. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 67. This project may be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating stormwater runoff, may be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. If required, such measures shall be designed and 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). c Planning Commission Staff Report February 8,2006 Final PD 316 Case 5.1068TfM34214 Page 30 of 33 68. 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. 69. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $9,212.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. ON-SITE 70. The minimum pavement section for all on-site pavement shall be 2'/z 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. 71. A reciprocal access easement shall be prepared in a form acceptable to the City Engineer providing unlimited and unrestricted access to the proposed rear parking lot from North Palm Canyon Drive across Lot 117 of Merito Vista in Map Book 12, Page 94. The reciprocal access easement shall be executed by the appropriate parties prior to issuance of a building permit, and shall be recorded, with a copy provided to the City Engineer, prior to issuance of a certificate of occupancy. GENERAL 72'. 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. 73. All proposed utility lines shall be installed underground. Planning Commission Staff Report February 8,2006 Final PD 316 Case 5.1068TTM34214 Page 31 of 33 74. 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. A detailed plan approved by the owner(s) of the affected utilities depicting all above ground facilities in the area of the project to be undergrounded, shall be submitted to the Engineering Division prior to approval of any grading plan. a. The existing overhead utilities across the west property line meet the requirement to be installed underground. The applicant is advised to investigate the nature of these utilities, the availability of undergrounding these utilities with respect to adjacent and off-site properties, and to present its case for a waiver of the Municipal Code requirement, if appropriate, to the Planning Commission and/or City Council as part of its review and approval of this project. b. If utility undergrounding is deferred in accordance with specific direction by the Planning Commission and/or City Council, the record property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee of $135 shall be paid by the developer prior to issuance of any grading or building permits. 75. All existing utilities shall be shown on the Precise Grading and Paving Plan required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. 76. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD drawing file) and DXF (AutoCAD ASCII drawing exchange file). Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 77. The original Precise Grading and Paving Plan prepared for the proposed development and approved by the City Engineer shall be documented with record . drawing "as-built" information and returned to the Engineering Division prior to issuance of a certificate of occupancy. Any modifications or changes to approved Planning Commission Staff Report February 8,2006 Final PD 316 Case 5.1068TfM34214 Page 32 of 33 improvement plans shall be submitted to the City Engineer for approval prior to construction. 78. Contact Whitewater Mutual Water Company to determine impacts to any existing water lines and other facilities that may be located within the property. Make appropriate arrangements to protect in place or relocate any existing Whitewater Mutual Water Company facilities that are impacted by the development. A letter of approval for relocated or adjusted facilities from Whitewater Mutual Water Company shall be submitted to the Engineering Division prior to issuance of a grading permit. 79. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 80. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. MAP 81 A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 82. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Engineer for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be provided with the first submittal of the final map, and shall be approved by the City Engineer prior to approval of the Final Map. 83. Upon approval of a final map, the final map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of- way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD drawing file), DGN (Microstation drawing file), and DXF (AutoCAD ASCII drawing exchange file). Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. Planning Commission Staff Report February 8,2006 Final PD 316 Case 5.106817M34214 Page 33 of 33 TRAFFIC 84. A minimum of 48 inches of clearance shall be provided on public sidewalks for handicap accessibility. Minimum clearance on public sidewalks 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 Farrell Drive, Tahquitz Canyon Way, Baristo Road, and Civic Drive frontages of the subject property. 8t5. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, and striping associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 86. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones" dated 1996, or subsequent additions in force at the time of construction. 87'. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. CITY OF PALM SPRINGS PLANNING COMMISSION MINUTES February 08, 2006 Council Chambers, City Hall 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Present: Hutcheson, Ringlein, Roath, Cohen, Shoenberger, Vice Chair Hochanadel, and Chair Marantz. Absent: None. 1. PUBLIC COMMENTS: (Three minute time limit.) Chair Marantz opened Public Comments, there being no comments, Public Comments was closed. CONSENT AGENDA: Chair Marantz stated there are two corrections for Item 2D, should be "102 single-family residences" and "in Planning Area #8". Commissioner Ringlein requested Item 2D be pulled for further discussion. 2A. Approval of Minutes: January 25, 2006 To approve, minutes of January 25, 2006. M/S/C (Hutcheson/Roath, 6-0, 1 absent/Shoenberger) To approve, minutes of January 25, 2006. 2B. Adoption of Resolution of Denial for Case 5.0830 PD 260 / Tentative Tract Map 29692 for a time extension for 254 timeshare units located at 961 South Palm Canyon Drive, Zones C-1 and R- 3, Sections 22 and 23. M/S/C (Hutcheson/Roath, 5-0, 2 absent/Chair Marantz, and Shoenberger) To adopt, Resolution of Denial for Case 5.0830 PD 260 /Tentative Tract Map 29692 for a request of a time extension. 2C. Case 3.2779 SFR - An application by Brad Kious to construct a 3,976 square foot single family-residence residence located at 3133 Barona Road, Zone R-1-13, Section 35. M/S/C (Hutcheson/Roath, 6-0, 1 absent/Shoenberger) To approve, subject to Conditions of Approval. 2D. Case 5.0666 PD 231 -An application by Standard Pacific Coachella Valley for final development plans to for 32 single- family residences on 12 acres in Planning Area 6 and 12 acres in Planning Area at Escena Palm Springs located on the southeast corner of Gene Autry and Vista Chino, Zone PD-231, Sections 7 and 18. Associate Planner, Diane Bullock, gave background information as outlined in the staff report dated February 8, 2006. Commissioner Shoenberger entered the Council Chamber at 1:38 p.m. Chair Marantz requested a condition be added to indicate the balconies are not be used for storage. Commissioner Hutcheson felt it was not appropriate to change the rules this late stage of the process but should be on the look out for these types of concerns in future projects. Commissioner Ringlein stated she attended the AAC meeting on Monday, February 6th, and indicated there was a concern regarding the placement of windows on several of the homes posing significant privacy issues and reiterated the importance of set-back requirements. Commissioner Roath stated he was in favor of clay tile roofs and could not vote for the this project with concrete tile roofs. Diane Bullock, Associate Planner, reported that the approved Design Guidelines did not include a specific tile designation for the Spanish Style homes. M/S/C (Hutcheson/Ringlein, 5-1/Roath, 1 absent/Shoenberger) To approve, subject to Conditions of Approval, as amended; "Balconies not to be used as a storage area" and "A restudy by the Architectural Advisory Committee on the windows of the homes facing the courtyard for review and modification, as needed". PUBLIC HEARINGS: 3. Case 8.260 SIGN VAR - An application by Tennyson Flowers,for the Palm Springs Pavilion Theatre for a sign variance to allow exceeded size restrictions imposed by the Sign Ordinance located at 123 North Palm Canyon Drive, Zone CBD, Section 15, APN 513-560-008. ) Commissioner Ringlein stated she has a financial related conflict of interest and would not participate in the discussion and vote and left the council chamber at 1:54 p.m. Assistant Planner, Michael Blumson, gave background information as outlined in the staff report dated February 8, 2006. Chair Marantz opened the Public Hearing. There being no comments the Public Hearing was closed. Chair Marantz stated her concern to the applicant regarding the lack of maintenance for the parking lot and the landscaping area. Commissioner Roath stated he has an objection to the advertising on the lower corner of the sign. M/S/C (Hutcheson/Cohen, 6-0, 1 absent/Ringlein) To approve, subject to Conditions of Approval, as amended, "No off-site advertsing on the sign". Commissioner Ringlein returned to Council Chamber at 2:02 p.m. 4. Case 5.1068 PD-316 /TTM 34214 - An application by Wally Hrdlicka, owner, 803 North Palm Canyon LLC, for a mixed-use commercial/residential building on an approximately 24,200 square foot lot located at 803 North Palm Canyon Drive, Zones C-1 and R-3, Section 10, APN 505-283-009. Associate Planner, Diane Bullock, gave background information as outlined in the staff report dated February 8, 2006. Chair Marantz recommended a condition be added stating: The balconies are not to be used as a storage area or for any type of signage. Discussion was made regarding building height, driveway easements, set- backs and parking. Chair Marantz opened the Public Hearing. Mark Kirkhart, Design Architect, gave additional information at the exhibits and indicated the units are not connected but are separate, either live-in or work units. Bill Scott, Palm Springs, gave a historical overview of surrounding buildings and spoke in favor of the project. Wally Hrdlicka, developer of the project, available for questions and requested a waiver of deferral for Condition #74 until further clarification from the City Engineer. There being no further comments, the Public Hearing was closed. Marcus Fuller, Assistant Director of Engineering, reported the overhead lines are long the western property line which would greatly benefit the view and therefore undergrounding is recommended. He further indicated it would be difficult to defer to covenant because of the mixed use for commercial and residential. Commissioner Ringlein stated she did not receive the staff report for this project and indicated she would not participate in the vote. M/S/C (Roath/Cohen, 6-0) To approve, subject to Condition of Approval, as amended, 'Balconies not to be used as storage area" and "Undergrounding of utility lines along said property to the nearest off-site pole'. S. Case 5.1076 CUP - An application by Oasis Plaza - Brandenburg and Lyle, for a Conditional Use Permit for the adaptive reuse of a hotel to a restaurant/bar, Architectural Approval for exterior modifications to a historic structure and related site improvements located at 121South Palm Canyon Drive, Zone CBD, Section 15, APN 513-143-008 and 513- 143-009. Chair Marantz stated she has a potential conflict, she would not participate in the discussion and vote and left Council Chamber at 2:38 p.m. The meeting was turned over to Vice Chair Hochanadel. Associate Planner, Diane Bullock, gave background information as outlined in the staff report dated February 8, 2006. She gave additional information regarding review and recommendations of the Historic Site Preservation Board and the Architectural Advisory Committee. Chair Hochanadel opened the Public Hearing: Steve Lyle, applicant, requested the hours of operation be changed from 11 a.m. - 2 p.m. to 7 a.m. - 2 p.m. David Christian, architect, addressed concerns of the stairwell and clarified the proposed color of the building. Bill Scott, HSPB member, reported they are very pleased with the out-come but concerned with the demolition of the 2 building to the west; indicating the HSPB agreed to the demolition contingent upon approval of the front building. There being no further comments, the Public Hearing was closed. 4 803 NORTH PALM CANYON, LLC A Mixed-Use Project NEGATIVE DECLARATION * ?ALM SA A. Prepared by: THE CITY OF PALM SPRINGS RPpRATEID q<�FORN�P January 2006 803 N.Palm Canyon, LLC, Initial Study gip` 'ay /anuary2006 c" N Page I of 37 803 NORTH PALM CANYON DRIVE, LLC/INITIAL STUDY/NEGATIVE DECLARATION 803 NORTH PALM CANYON, LLC CITY OF PALM SPRINGS PROJECT LOCATION MAP Brni of�tii3F�'Ms`�" y#'x - I �."�ilrb Martargo HsYghts h.� Skm range Valley i .asr- "u„ S`caM`iaa - r ..,, ., R:rrerslt �•- ,r:. m<'i�as r�,i oHIHh Sprinys and ", i 62 Ddsert}tc�$P.►Irq# fioha't Yarll`r :"„' ._. . �.._.Bannls call c ' 4s t,Wh1Aq` YaSsr N4rlhiPalm, Prings i'=3 4 _ f3- a4t,;u d$nP4l Cr" 3 r •. 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Palm Canyon LLC, Initial Study/Negative Declaration eNovember 2005 Page 3 of 37 803 NORTH PALM CANYON DRIVE, LLC/INITIAL STUDY/ NEGATIVE DECLARATION l. Project title: 803 North Palm Canyon LLC Planning Case # 5.1068 TTM 34214 2. Lead agency name and address: City of Palm Springs 3200 E.Tahquitz Way Palm Springs, California 92262 3. Contact person and phone number: Edward Robertson, Principal Planner 760-323-8245 4. Project location: 803 North Palm Canyon Drive 5. Project sponsors name and address: 803 North Palm Canyon, LLC Wally Hrdlicka 74671 Old Prospector Trail Palm Desert, CA 92260 6. General plan designation RC (Resort Commercial) (Gallery District) meant to act as a corridor of regional art galleries, design furnishings establishments, specialty shops and restaurants as prime uses. It also accommodates a full diversity of commercial uses, including retail, office, food sales, and service, general merchandise, apparel and accessories. Housing units are to be developed on the second level or higher, or to the rear of the building, provided the impact of noise, odor and other adverse characteristics of commercial activity can be adequately mitigated, and for artists to have studios in concert with residential units. 7. Zoning: The site includes a combination of two zones, C-1, which abuts North Palm Canyon Drive is intended as a business district, primary retail business in character with related hotels, service, office, cultural and institutional uses. The second zone is R-3, which is intended to provide for the development of high-density apartments, hotels, and similar permanent and resort housing and certain limited commercial uses directly related to the housing facilities. B. Description of Project: 803 N.Palm Canyon LLC, Initial Study/Negative Declaration R.RiM,.k November 2005 Page 4 of 37 `��hoRHP 803 NORTH PALM CANYON DRIVE, LLC/INITIAL STUDY IN EGATIVE DECLARATION The project applicant proposes construction of a combination of twelve attached two-story residential condominiums and a commercial building of approximately 3,000 square feet, a ' parking garage and associated landscaping. The commercial building is 30 feet tall and fronts on North Palm Canyon Drive, a major thoroughfare. The parking garage is attached to the east side of the commercial building and is tucked underground by approximately two feet. Parking also exists on the ground behind the structure. The parking garage includes private residential and retail parking spaces. The residential units are constructed on top of the parking garage and commercial building. The residential units are attached two story units. A courtyard separates each row of six residential units and includes a pool, containerized plantings and cabanas on the second story directly above the parking garage. A total of 35 spaces are proposed. Exterior landscaping will also include a small public area on the corner of Tamarisk and North Palm Canyon. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North- Commercial South- Commercial East - Commercial / Residential West - Single-family residential 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) a. None 803 N. Palm Canyon LLC, Initial Study/Negative Declaration November 2005 Page 5 of 37 803 NORTH PALM CANYON DRIVE, LLC/INITIAL STUDY/ NEGATIVE DECLARATION ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils Hazards & Hazardous ❑ Materials ❑ Hydrology/WaterQuality ❑ Land Use/Planning ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance 803 N. Palm Canyon LLC, Initial Study/Negative Declaration ieuM s" November 2005 Page 6 of 37 �[irotNP 803 NORTH PALM CANYON DRIVE, LLC/INITIAL STUDY/NEGATIVE DECLARATION DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: ® I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the Ei environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one ❑ effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Ewin AICP Date Director of Plan ing S vices 803 N.Palm Canyon LLC, Initial Study Negative Declaration 1 November 2005 u Page 7 of 37 803 NORTH PALM CANYON DRIVE, LLC/INITIAL STUDY/NEGATIVE DECLARATION EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact"answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on- site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. 'Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more 'Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from 'Potentially Significant Impact" to a "Less Than Significant Impact" The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures"Earlier Analyses,"as described in (5) below, may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 13) This is only a suggested form, and lead agencies are free to use different formats; however,' j l 'euM. 803 N. Palm Canyon I.I.C. Initial Study/Negative Declaration 4= November 2005 s. . u Page 8 of 37 o�/IeotN�� 803 NORTH PALM CANYON DRIVE, LLC/INITIAL STUDY/NEGATIVE DECLARATION lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance a 803 N.Palm Canyon LLC, Initial Study/Negative Declaration November 2005 Page 9 of 37 803 NORTH PALM CANYON DRIVE, LLC INITIAL STUDY/NEGATIVE DECLARATION `Significant ` Potentially 'With -Lees Thane °Significant. ;htitigation' Significant ImpactIncp rporated � .Impact No Impact, I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic El El ® ❑ vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock El ❑ Eloutcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its ❑ ❑ ❑ surroundings? d) Create a new source of substantial light or glare that would adversely affect day or nighttime ❑ ❑ ® ❑ views in the area? a) Less than significant Impact. The site was occupied at one time by a commercial building that functioned as a furniture store. It burned down many years ago. It has since been cleared and has remained vacant since the fire. The site is generally flat and is located on North Palm Canyon Drive, which contains scenic vistas to the mountains in the west. The project is an infill commercial project with street frontage comprised of buildings with zero setback lines. The project proposes a height of approximately 30 feet, which is taller than several of the other buildings in the area. Most buildings in the vicinity of the project are two-story, some with architectural features that meet and exceed thirty feet. The proposed project eliminates the potential unsightly qualities that unattended vacant lots can develop. There is a less than significant impact to scenic vistas because view corridors exist through the sides of the building, and the residential component of the project contains balconies located over the commercial component that recede back in a westerly direction, softening the mass that fronts North Palm Canyon. b) No Impact. This project is not located on a street designated as a state scenic highway. Several historic buildings are scattered along North Palm Canyon Drive. The proposed project is located adjacent to existing commercial buildings. North Palm Canyon Drive is not a scenic highway and there are no trees, rock outcroppings, historic buildings, etc. either on or adjacent to the site. c) No Impact. The adjacent property to the north has been addressed by breaking up the mass of the building to allow light to continue to enter the site and also by not building the full distance to the rear of the site as is done on other lots in the vicinity of the subject property. d) Less Than Significant Impact. The potential for any reflected light to impact the properties to the west is diffused through the use of deep recesses on the buildings, the 50 ft. distance that the project sits from the westerly property line, and the fact that the properties to the west are low scale buildings set close to an existing six foot high block wall which also serves as a visual barrier. These properties also are oriented primarily to the west for their views and have no existing provisions for views to the east. ov, "� 803N. Palm Canyon LLC, Initial Study/Negative Declaration November 2005 Page 10 of 37 803 NORTH PALM CANYON DRIVE, LLC INITIAL STUDY NEGATIVE DECLARATION Less'Thah ` Significant . Potentially ' iVith Less Than Significant .Mitigation 'Significant - hhpact ,Irjcorporated �: - Impact "P{o1mpact It. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997), prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the ❑ ❑ ❑ Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural ❑ ❑ ❑ use, of a Williamson Act contract? c) Involve other changes in the existing environment that, due to their location or ❑ ❑ ❑ nature, could result in conversion of Farmland to non-agricultural use? a) No Impact. The Farmland Mapping and Monitoring Program of the California Resources Agency has not designated this area as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. No impact to farmland would occur. b) No Impact. The proposed project site is zoned for service manufacturing I use and is not covered by a Williamson Act contract. Furthermore, no Williamson Act Contracts are located in the immediate vicinity of the project site. Therefore, no impacts to Williamson Act Contracts would occur. c) No Impact. The proposed project is designated for commercial / residential uses, the surrounding land consists of developed commercial / residential buildings. The area has existed as an urban area for many years and is not designated farmland, therefore no impacts to conversion of agricultural land will occur. 803 N. Palm Canyon LLC, Initial Study/Negative Declaration November 2005 N Page 11 of 37 T.. •O7FFORH� 803 NORTH PALM CANYON DRIVE, LLC/INITIAL STUDY/ NEGATIVE DECLARATION LeS TMn .^ Significant .Potentially :: with'-, L'ess-Than - Significant,', ,. Mitigation significant :" - Impac org t,.�;;,`"Irprated _Impact 'No.tmpact III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the ❑ ❑ ❑ N applicable air quality plan? b) Violate any air quality standard or contribute El ❑ ❑ substantially to an existing or projected air El quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an El El Elapplicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant ❑ ❑ ❑ N concentrations? e) Create objectionable odors affecting a substantial ❑ ❑ ❑ N number of people? a-e) No Impact. The project is within the jurisdiction of the South County Air Quality Management District (SCAQMD). The SCQAMD Governing Board adopted the 2003 Air Quality Management Plan (AQMP) on August 1, 2003. The 2003 AQMP updates the attainment demonstration for federal standards for ozone and PM10; replaces the 1997 attainment demonstration for the federal carbon monoxide (CO) standard and provides a basis for a maintenance plan for CO for the future; and updates the maintenance plan for the federal nitrogen dioxide (NO2) standard that the South Coast Air Basin has rnet since 1992. The revision of the AQMP points to the urgent need for additional emissions reductions (beyond those incorporated in the 1997/99 Plan) from all sources, specifically those under the jurisdiction of the California Air Resources Board and the US EPA which account for approximately 80 percent of the ozone precursor emissions in the Basin (www.aqmd.gov/aqmp/). ,..un,. 803 N.Palm Canyon LLC, Initial Study/Negative Declaration *k November 2005 £ Page 12 of 37 • awn 803 NORTH PALM CANYON DRIVE, LLC/INITIAL STUDY/ NEGATIVE DECLARATION The Federal and California State Ambient Air Quality Standards for important pollutants are summarized in Table 1 and described in detail below. TABLE 1 FEDERAL AND STATE AMBIENT AIR QUALITY STANDARDS Poilutant, - Averaging Tit)te "Fedetahprilnary Standard.., State Standard Ozone(03) 1-Hour 0.12 ppm 0.09 PPM 8-HOUR 0.08 ppm — 8-Hour 9.0 ppm 9.0 ppm Carbon Monoxide (CO) 1-Hour 35.0 ppm 20.0 ppm Annual 0.05 ppm — Nitrogen Oxide(NOx) 1-Hour — 0.25 ppm Annual 0.03 ppm — Sulfur Dioxide(SO,) 24-Hour 0.14 ppm 0.05 ppm 1-Hour — 0.5 ppm Annual 50Xjm' 30JWm' PM10 24-Hour 150X/M 50Orn' Annual 15Ig/m3 — PM,,s 24-Hour 65om' — Lead 30-Day Avg. — 1.5 pjm' Month Avg. 1.5 orn" - Source: California Air Resources Board,"Ambient Air Quality Standards,'January 25, 1999. from —parts per million 1g/m3 = Micrograms per Cubic Meter Ozone lox)is the most prevalent of a class of photochemical oxidants formed in the urban atmosphere. The creation of ozone is a result of complex chemical reactions between hydrocarbons and oxides of nitrogen in the presence of sunshine. Unlike other pollutants, ozone is not released directly into the atmosphere from any sources. The major sources of oxides of nitrogen and reactive hydrocarbons,known as ozone precursors, are combustion sources such as factories and automobiles,and evaporation of solvents and fuels. The health effects of ozone are eye irritation and damage to lung tissues. Carbon Monoxide (CO) is a colorless, odorless, toxic gas formed by incomplete combustion of fossil fuels. CO concentrations are generally higher in the winter, when meteorological conditions favor the build-up of directly emitted contaminants. CO health warning and emergency episodes occur almost entirely during the winter. The most significant source of carbon monoxide is gasoline- powered automobiles, as a result of inefficient fuel usage in internal combustion engines. Various industrial processes also emit carbon monoxide. Nitrogen Oxides(NOx) the primary receptors of ultraviolet light initiating the photochemical reactions to produce smog. Nitric oxide combines with oxygen in the presence of reactive hydrocarbons and sunlight to form nitrogen dioxide and ozone. Oxides of nitrogen are contributors to other air pollution problems including:high levels of fine particulate matter,poor visibility and acid deposition. Sulfur Dioxide(SO2) results from the combustion of high sulfur content fuels. Fuel combustion is the major source of 502, while chemical plants, sulfur recovery plants, and metal processing are minor contributors. Sulfates result from a relation of sulfur dioxide and oxygen in the presence of sunlight. S02 levels are generally higher in the winter than in the summer(when sunlight is plentiful and sulfate is more readily formed). Particulate Matter (PMl0 and PM2.5) consists of particles in the atmosphere as a by-product of fuel combustion, through abrasion such as tire wear, and through soil erosion by wind. Particulates can also be formed through photochemical reactions in the atmosphere. PM70 refers to finely divided solids or liquids such as soot, dust, and aerosols which are 10 microns or less in diameter and can enter the lungs. Fine particles are those less than 2.5 micrometers in diameter and are also referred to as PM2.5. Lead is found in old paints and coatings,plumbing and a variety of other materials. Once in the blood stream,lead can cause damage to the brain, nervous system,and other body systems. Children are most susceptible to the effects of lead. The South County Air Basin and riverside County portion of the Salton Sea Air Basin are in attainment for the federal and State standards for lead. The SCQAMD has established significance thresholds for operational and construction- related emissions. Daily and quarterly thresholds are established. Since a project''s quarterly emissions are determined by averaging over a 3-month period (including only actual working days), it is possible to not exceed the quarterly thresholds while exceeding the daily thresholds shown in Table 2. 803 N. Palm Canyon LLC, Initial Study/Negative Declaration toNovember 2005 Page 13 of 37 803 NORTH PALM CANYON DRIVE, LLC/ INITIAL STUDY/NEGATIVE DECLARATION TABLE 2 EMISSIONS SIGNIFICANCE THRESHOLD CRITERIA(POUNDS/DAY) Pollutant ... CO,', ROG.., Operational Emissions Pounds/Day 550 55 55 150 150 Construction Emissions Pounds/Day 550 75 100 150 150 Source: SCQAMD,CEQA Air Quality Handbook,November 1993 Projects in the Coachella Valley with peak (highest daily) operation-related emissions that exceed any of these emissions thresholds should be considered significant. The project site is also located within the Salton Sea Air Basin. This basin is designated as a "severe-17" Ozone non-attainment area due to violations of the federal ambient air quality standards for ozone primarily due to pollutant transport from the South Coast Air Basin. This designation indicates that the attainment date for Federal ozone standards is November 2007 (17 years after the enactment of the Federal Clean Air Act). The project's proposed land use is consistent with the existing City General Plan and Zoning. When adopted in 1993, the City Council adopted a Statement of Overriding Consideration regarding air quality. This statement acknowledges that it is not feasible to reduce City-growth impacts to air quality to a level of insignificance at this time. The project will also be consistent with the South Coast Air Quality Management District CEQA Air Quality Handbook. Construction of the proposed project will result in the disturbance of the entire site that could generate dust. The project developer will be required to complete a Storm-water Pollution Prevention Plan SWPPP/PM10 Plan that must be prepared and implemented to the satisfaction of the City Building and Safety Department. The Plan must be consistent with the approved AQMD standards intended to minimize health hazards. The project is not anticipated to conflict with or obstruct implementation of 2003 AQMP. The site is located in an established urban area. No sensitive receptors are located within approximately one mile of the project boundary nor is the creation of objectionable orders expected from the proposed project. Therefore, the proposed project will have no potentially significant air quality impacts. The proposed project is situated on a site that had been previously developed as commercial. The previous building burnt down and the site was cleared leaving the site vacant for several years. Since the site had been previously occupied by commercial development, there will be no impact on air quality. 803 N.Palm Canyon LLC, Initial Study/Negative Declaration ".,. November 2005 $ Page 14 of 37 r'r<IFOONP 803 NORTH PALM CANYON DRIVE, LLC INITIAL STUDY NEGATIVE DECLARATION . . . LQss,Thar Significant Potentially With Less Than `Significant Mitigation Significant 'Impact �IncIorpgrated Impact No Impact IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies ❑ ❑ ❑ or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies or ❑ ❑ ❑ regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands, as defined by Section 404 of the Clean Water Act (including, but not limited ❑ ❑ Elto, marsh, vernal pool, coastal wetlands, etc.), through direct removal, filling, hydrological interruption or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or ❑ ❑ ❑ 23 migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree ❑ ❑ ❑ preservation policy or ordinance? 0 Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community ❑ El 1-1Conservation Plan, or other approved local, regional or state habitat conservation plan? a) No Impact. The project will not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. The proposed project site is located in a developed, urban area of Palm Springs, and no sensitive habitat occurs onsite. Therefore, the project will have no impact to endangered, threatened, or rare species or their habitats. b) No Impact. The site is not identified as having any natural community that could be affected by the project. Therefore, the project would not have an adverse effect on any riparian habitat or other sensitive natural community. c) No Impact. Section 404 of the Clean Water Act regulates the dredge and/or fill of waters and wetlands of the United States, specifically relating to how these activities may cause an adverse effect to, or loss of, federal wetland/water resources. Regulatory responsibility falls under the jurisdictional authority of the U.S. Army Corps of Engineers (ACOE). Under ID 803 N. Palm Canyon LLC, Initial Study/Negative DeclarationNovember 2005 Page 15 of 37 803 NORTH PALM CANYON DRIVE, LLC I INITIAL STUDY/ NEGATIVE DECLARATION Section 404, any development or activity, which may result in temporary or permanent impacts to the aforementioned federally protected resources must prepare a Pre- Construction Notification for review, and potential permitting, by the ACOE. The site does not contain any wetland areas or waters. Therefore, no impact to federally protected wetlands as defined by Section 404 would occur. d) No Impact. The project site is located adjacent to commercial / residential uses and is currently vacant. Because the project is located within a developed urban setting, it is unlikely that the site is a migratory path, nor would the development be in anyway associated with native wildlife nursery sites. Based on these facts, is logical to assume that no impact is anticipated. e) No Impact. The project does not propose any removal or disturbance of sensitive biological resources or landmark trees. Therefore, no conflicts with local policies or ordinances protecting biological resources would occur. f) No Impact. The City of Palm Springs does not have an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan. Therefore, the project would have no impact on these types of plans. 803 N. Palm Canyon LLC, Initial Study/Negative Declaration November 20RQ5,,�_ Page 16 of 35 �'� �4f04H�� 803 NORTH PALM CANYON DRIVE, LLC INITIAL STUDY NEGATIVE DECLARATION Less Than-- Significant , PolontIally``_ With; Less Than Sigmficant Mitigation Significant _Impact. >;; Incorporated ImpacYNyLlmmd V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the ❑ ❑ ❑ significance of a historical resource as defined in " 15064.5? b) Cause a substantial adverse change in the ❑ ❑ ❑ El significance of an archaeological resource pursuant to " 15064.5? c) Directly or indirectly destroy a unique ❑ ❑ ❑ paleontological resource or site or unique geological feature? d) Disturb any human remains, including those ❑ ❑ ❑ interred outside of formal cemeteries? a-d) No Impact. The General Plan for the City of Palm Springs indicates there should be no impact to prehistoric archeological resources as a result of this project. The Archeological Research Unit at the University of California, Riverside, conducted a survey in 1993 that included the proposed project site. At that time there were no rock shelters, lithic workshops, milling features or seasonal habitation areas noted within the vicinity of the proposed site. The Agua Caliente Band of Cahuilla Indians utilized a vast territory beyond the bounds of the existing reservation. The possibility of finding human remains does exist in this area. In accordance with Public Resources Code 5.097.94, if human remains are found, the Riverside County Coroner must be notified within 24 hours of the discovery. If the coroner determines that the remains are not recent, the coroner will notify the Native American Heritage Commission in Sacramento to determine the most likely descendent for the area. The designated Native American representative then determines in consultation with the property owner the disposition of the human remains. Due to the proximity of Tribal lands, there is the potential for previously undiscovered cultural resources to be discovered during project construction and site grading activities. Tribal interests in such previously undiscovered resources prescribes the following Conditions of Approval, which shall be incorporated into the entitlement process. 1. An archeologist qualified according to the Secretary of Interior's Guidelines shall perform a record search of the proposed project area, to be conducted prior to the initiation of construction. 2. A Cultural Resources Monitor, designated by the Agua Caliente Cultural Resource Office, shall be present during all ground-disturbing activities. Should buried deposits be encountered, the Cultural Resources Monitor shall have the authority to halt construction and notify a Qualified Archaeologist (Secretary of the Interior's Standards and Guidelines) to prepare a mitigation plan for submission to the City, State Historic Preservation Officer and the Agua Caliente Cultural Resource coordinator for approval 803 N.Palm Canyon LLC, Initial Study/Negative Declaration �'"`b1'�� November 2005�.� L ,� Page 17 of 37' o�4fotN�! ! 803 NORTH PALM CANYON DRIVE, LLC/INITIAL STUDY/NEGATIVE DECLARATION and any repatriation of cultural materials be done in cooperation with the Agua Caliente Band of Cahuilla Indians. 803 N. Palm Canyon LLC, Initial Study/Negative Declaratidri" November 2005 o £ Page 18 of 37 A r�IIFORP�' 803 NORTH PALM CANYON DRIVE, LLC/INITIAL STUDY/ NEGATIVE DECLARATION Significant Potentially ,With' ;Leas Than'"� „Sign"ficant _. Mitigation "significant ; Impact Incorporated J.Impact 'No 1mpac VI. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death, involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other ❑ ❑ ❑ substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ❑ iii) Seismic-related ground failure, including El El Elliquefaction? iv) Landslides? ❑ ❑ ❑ b) Result in substantial soil erosion or the loss of El ❑ ❑ topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off- ❑ ❑ ❑ site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), ❑ ❑ ❑ creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater El ❑ Eldisposal systems where sewers are not available for the disposal of wastewater? a) i) No Impact. The majority of Riverside County lies within areas subject to seismic hazards. The subject site lies approximately one mile south of the Banning Fault, Mission Creek Strand. The site is not located within an Alquist-Priolo earthquake hazard zone and there are no known faults crossing the project site. However, the project site, as with virtually all sites within the state, would be vulnerable to ground shaking in the event of an earthquake. The project site and surrounding vicinity are relatively flat, eliminating the potential for landslides. The City of Palm Springs General Plan requires that the project be designed and constructed in accordance with the requirements of the Uniform Building Code (UBC). Adherence to the provisions of the UBC would reduce potential for structural damage in the event of an earthquake. Therefore, no impact would occur. do 803 N.Palm Canyon LLC, Initial Study/Negative Declaration November 2005 Page 19 of 37 803 NORTH PALM CANYON DRIVE, LLC/ INITIAL STUDY/NEGATIVE DECLARATION if) No impact. Any major earthquake damage in the City of Palm Springs is likely to occur from ground shaking and seismically related ground and structural failures. Local soil conditions, such as topography, soil strength, thickness, density, water content, and firmness of underlying bedrock affect seismic response. Seismically induced shaking and some damage should be expected to occur but damage should be no more severe in the project area than elsewhere in the region. Therefore, no impact would occur. iii) No impact. There are no known geological hazards caused by ground failure or liquefaction, which would prevent use of the site. Therefore, no impact would occur. iv) No impact. The ground is level and approval of the project would not expose people or structures to potential landslides.Therefore, no impact would occur. b) No impact. Existing codes regulate land grading and erosion control if and when construction occurs during winter months (November-March). Therefore, no impact would occur. c-d) No Impact. See items a and b, above. e) No Impact. Although onsite soils tests have not been performed, it is assumed that the soils are suitable for subsurface disposal systems. Properties surrounding the site have been developed as commercial / residential uses using subsurface disposal systems for wastewater disposal, therefore no impact would occur. 803 N.Palm Canyon LLC, Initial Study/Negative Declaration - '�`'"'" November 2005 su Page 20 of 37 803 NORTH PALM CANYON DRIVE, LLC/INITIAL STUDY/NEGATIVE DECLARATION .-.. Less Than , Significant ' i Potentially.., With' lessLess Than. Significant-, iMitigan '� significant=' Impact. Inforp'ufated, ' Impact .No ImpacC VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use or ❑ ❑ ❑ disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the ❑ ❑ ❑ release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste El El Elwithin one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code §65962.5 and, as a result, ❑ ❑ ❑ would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan area or, where such a plan has not been adopted, within two miles of a public airport or a ❑ El ❑ public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard ❑ ❑ ❑ for people residing or working in the project area? g) Impair implementation of, or physically interfere with, an adopted emergency response plan or ❑ ❑ ❑ emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to ❑ ❑ ❑ urbanized areas or where residences are intermixed with wildlands? a, b) No Impact. The proposed project will not create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials Therefore, no impact would occur. c-d) No Impact. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. No impact would occur. e-f) No Impact. The nearest airport is the Palm Springs International Airport located at Gene Autry Trail. The proposed project site is not within the Noise Impact Combining Zone (Palm Springs General Plan 1993) and is outside the adopted Riverside County Airport 803 N.Palm Canyon LLC, Initial Study/Negative Declaration d' ��:"�y November 2005 Page 21 of 37 803 NORTH PALM CANYON DRIVE, LLC I INITIAL STUDY I NEGATIVE DECLARATION Land Use Compatibility Plan area. Therefore, the proposed project would not result in a safety hazard to people working in the area. g) No Impact. The City of Palm Springs Emergency Plan was established to address planned response to extraordinary emergency situations associated with natural disasters and technological incidents. The Plan focuses on operational concepts relative to large- scale disasters, which can pose major threats to life and property requiring unusual emergency responses. Therefore, no impact is anticipated. f) No Impact. Based on the site's location in an urban area, it would not be subject to wild-land fire. No impact would occur. 803 N. Palm Canyon LLC, Initial Study/Negative Declaration November 2005 Page 22 of 37 A 803 NORTH PALM CANYON DRIVE, LLC/INITIAL STUDY/ NEGATIVE DECLARATION g) Less Than , Significant Potentially "Aylth Le,Than - . Stg'nificant ,Inco'g Fated, Significant Si , Impact. Miti at ,. mpact, No Impact rn Vill. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements? ❑ ❑ ❑ b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater El ❑ ❑ table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that ❑ ❑ ❑ would result in substantial erosion or siltation on-or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially ❑ ❑ ❑ increase the rate or amount of surface runoff in a manner that would result in flooding on-or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned ❑ El ❑ stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ❑ ❑ ❑ g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or El El ❑ Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures El El ❑ that would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including ❑ ❑ ❑ flooding as a result of a failure of a levee or dam? j) Inundation by seiche, tsunami or mudflow? ❑ ❑ ❑ a, e) No impact. The project would be required to meet all applicable water quality standards or waste discharge requirements thereby avoiding violation of such standards or requirements. The project is required to provide for the interception of nuisance water from entering adjacent public streets from the project site through the use of a minor storm drain system that collects and conveys nuisance water to landscape and parkway areas. In the event of a storm-water runoff condition, runoff will be passed directly to the streets through parkway or under sidewalk drains. Therefore, the project will not ,F^�M ^ 803 N.Palm Canyon LLC, Initial Study/Negative Declaration �4 November 2005 : Page 23 of 37 �n1F/FOAN�P 803 NORTH PALM CANYON DRIVE, LLC/INITIAL STUDY/NEGATIVE DECLARATION violate any water quality standards or waste discharge requirements and will not create runoff that will exceed the capacity of the existing storm-water drainage system. b) No Impact.The proposed project does not require significant quantities of potable water. The landscape design proposed is a minimal landscape requiring quantities of water similar to other commercial / residential buildings in the area. Primary water consumption on site will be for residential / commercial water usage, and sanitation purposes. A net deficit in aquifer volume or a lowering of the local groundwater table is not anticipated and therefore, no impact would occur. c-d) No Impact. The project would not alter the course of any stream or river, as none are located on-site or in the immediate vicinity of the site.Therefore, no impact would occur. f) No Impact. No additional impacts to water quality are anticipated. g-h) No Impact. The Federal Emergency Management Agency (FEMA) indicates in the Flood Insurance Rate Map, that the site is in Flood Zone B. Flood Zone B is defined as an area between limits of a 100-year flood event and a 500-year flood event; or certain areas subject to 100-year flooding with average depths less than one (1) foot or where the contributing drainage area is less than one square mile; or areas protected by levees from the base flood. Because the project site is not located within the 100-year floodplain, flooding impacts associated with the proposed project are not considered significant. i) No Impact. The Palm Springs General Plan Environmental Impact Report does not identify flooding as a result of levee or dam failure as having a potential to expose people or structures to a significant risk of loss injury or death in City of Palm Springs. Therefore, no impact would occur. No Impact. The City of Palm Springs is not located in an area subject to seiche, tsunami or mudflow. Therefore, no impact would occur. 803 N.Palm Canyon LLC, Initial Study/Negative Declaration November 2005 �, Page 24 of 37 803 NORTH PALM CANYON DRIVE, LLC/INITIAL STUDY/ NEGATIVE DECLARATION Less Than Significant Potenhall lh Lessihan Slgnpfitant A1ttigation 'Signiflcant - - : irn act' ,_ Incotporated ^.,�nPact No Imbact a' IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? ❑ ❑ ❑ b) Conflict with any applicable land use plan, policy or regulation of an agency with jurisdiction over the project (including, but not limited to, the general ❑ ❑ ❑ plan, specific plan, local coastal program or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation El ❑ Elplan or natural community conservation plan? El a) No impact. The proposed project consists of a combination residential / commercial use on a vacant site in an existing developed urban setting. Other surrounding properties contain similar combinations of residential and commercial projects. The project use is consistent with the community; therefore no impact would occur. b) No Impact. The proposed project would be consistent with the allowable uses within the Resort Commercial (RC) land use designation, which allows for commercial development with residential units located on the second floor. All future commercial uses on the property will be consistent with those uses permitted in the C-1, R-3 Zone. Therefore, the proposed project will not conflict with the Palm Springs General Plan or Zoning Ordinance. c) No Impact. The project would not conflict with an applicable habitat conservation plan or natural community conservation plan. The City of Palm Springs does not have an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan. No impact would occur. 803 N. Palm Canyon LLC, Initial Study/Negative Declaration rI"1b1'M November 2005 Page 25 of 37 803 NORTH PALM CANYON DRIVE, LLC INITIAL STUDY NEGATIVE DECLARATION Less Than Significant 'Potential `.`, ;�iYith Le'1is Than ' ignificapt r- Mitigation Significant• ' `-Impact' 'Incorporated : Impact, NO Impact - X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local El El El ID general plan, specific plan or other land use plan? a-b) No Impact. No significant mineral resources have been identified in the project area. The Palm Springs General Plan EIR (Palm Sp(ngs, 1992) has not identified any mineral resources in the planning area. Therefore, no impact to mineral resources would occur. ozo: 803 N. Palm Canyon LLC, Initial Study/Negative Declaration November2005 Page 2G of 37 803 NORTH PALM CANYON DRIVE, LLC INITIAL STUDY NEGATIVE DECLARATION ,Less Than .Signifrhant .. Potentially_ With, - .Less Than ` _Significant; Mitigation- �. Significant Impact' Incorpuf led Impact ';No1oi act XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the ❑ ❑ ® El general plan or noise ordinance or of applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise ❑ ❑ ❑ levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing ❑ ❑ ❑ without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above ❑ ❑ ❑ levels existing without the project? e) For a project located within an airport land use plan area or, where such a plan has not been adopted, within two miles of a public airport or a El ❑ Elpublic use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or El ❑ ❑ working in the project area to excessive noise 19 levels? a) Less than significant Impact. Surrounding uses include commercial and residential land uses throughout the area within a one-mile radius. The project proposes second story balconies on North Palm Canyon Drive. Several properties on North Palm Canyon Drive include second story balconies. Locating the residential units on the second floor and above will lessen the ability for sound to reach the exterior walls of the units, which reduces the noise impact to less than significant. The guardrails are constructed of a solid material, which reduces the ability for noise to impact the face of the units. The areas of the units that are adjacent to Palm Canyon Drive are more public areas of the units (Living/Dining areas) and the more private, quieter areas (bedrooms) of the units are placed more internally on the site. Insulated walls and double glazed windows will provide sufficient noise attenuation to reduce the impacts of noise from vehicles from within the site such that noise levels will not exceed standards adopted in Chapter 11.74 of the Palm Springs Municipal Code. b) No Impact. The proposed project would not subject surrounding residents to noise elevations and/or ground vibration. Construction and site grading activities associated with the proposed project will produce temporary increases in the ambient noise level in the immediate vicinity of the project site. Construction activities are regulated by City Ordinance 1581, which limits construction activities to 7AM-7PM Monday through Friday, 8AM-5PM Saturdays, and prohibits construction activities on Sundays and major holidays. Adherence to this ordinance will ensure that no impact would occur. y e�w 803 N. Palm Canyon LLC, Initial Study/Negative Declaration tr November 2005 a w Page 27 of 37 n </FOM1H�� 1303 NORTH PALM CANYON DRIVE, LLC I INITIAL STUDY/NEGATIVE DECLARATION 1) City of Palm Springs. City of Palm Springs Draft Environmental Impact Report, December 1992. 2) City of Palm Springs. City of Palm Springs General Plan. 1992. 3) City of Palm Springs. City of Palm Springs Zoning Code. 2004. 14) South Coast Air Quality Management District. CEQA Air Quality Handbook. 1993 5) U.S. Code of Federal Regulations, Title 33, Chapter 26, Subchapter IV, "Clean Water Act" 1994 6) Government Code Section 65962.5(f), "Hazardous Waste and Substances Statement" 803 N.Palm Canyon LLC, Initial Study/Negative Declaration ovo: November 2005 Page 37 of 37 r I r J—,� I I PROOF OF PUBLICAT �tN 7 This is space for County Clerk's Filing Stamp (201 rJ.s.C.C.,�) lJ J1"ri J I�QIN 33 L9 No. 0699 -- -- -- NOTICE OF PUBLIC HEARING STATE OF CALIFORNIA CITY COUNCIL County of Riverside CITY OF PALM SPRINGS Code 3.1011111 PD 310 TTM 34214 A Planned Development District(PDp11 and Tentative Treat Map Application ITTM) by 003 North Palm Canyon,LLC Located at 603 North Palm Canyon Drive NOTICE IS HEREBY GIVEN that the Clty Ca ll Of the City of palm Sprinpe,California will hold a publlc hewing at Its meeting of March 15. 2006, I am a Citizen of the United States and a resident of The City Council meetingg be Ina at 6:00 p.m, In the Council Chamber, ClI Hell 3200 East Tah- the County aforesaid;I am over the age of eighteen ci ltZ Canyon Way, Palm ,�prin0s• - years,and not a party to or interested in the Thu purpose of this hearing Is to consider an ep- plicatlon by Wally Hrdllcke, owner of 303 North above-entitled matter.I am the principal clerk of a Palm Canyph, LLC pmposin, a mixed-use earn- printer of the,DESERT SUN PUBLISHING marClal/residential buliding with tuck under park- Ing and associated landecepin on an ap rCxl- COMPANV A newspaper of general circulation, metsly 24,200 square foot to?located ag 503 North Palm Canyon Drive, Zone C-1/R-3, Section printed and published in the city of Palm Springs, 10, County of Riverside,and which newspaper has been adjudged a newspaper of general circulation by the ®o-.•„ ,.,r...,.,wr�•+ wn,ry w Superior Court of the County of Riverside,State of California under the date of March 24, 1988.Case Number 191236•that the notice,of which the 'v. annexed is a printed copy(set in type not smaller than non pariel,has been published in each regular [- and entire issue of said newspaper and not in any _ supplement thereof on the following dales,to wit: �,1���✓'� J 1 r-.I `Ili-1;�I-L'- 5 March 4"',2006 —.....`—.._.,.�.._..._,...�__�.._ �.. All in the year 2006 ENVIRONMENTAL DETERMINATION: An Envl- mmTlentel Assessment has been prepared and will be reviewed by the Ci Councfi at Sh0 maet- 1 certify(or declare)under penalty of perjury that the Ing. Pursuant to the guide Ines of the California foregoing is true and correct. pEprepirred ant Initial St dy Act nd a Negatve Dhe eclare- Ion which has found that the proposed proJett would not have a significant effect an the anvlron- Dated at Palm Springs,California this--1--day ment. // REVIEW p�EW OF PROJECT ROher uEpCT INFO INFORMATION: Thu staff of-- arch---Jy - --,2006 this protect are evaliaolu for public review at Ci{v pHpall between thMonday e-hours of((yy��6:00 a.m. and SyA OU would lllike to sellepu�kantaappalntment2to review these documents. Sig ature COMMENT ON THIS APPLICATION: Respponse to this notice may be made verbally at the PubllD Hearing and/or In writing before the hearing Writ- ten comments may be made to the City Council by letter(for mail or hand delivery) to' James Thompson Clyyty Clerk �•�� 3200palm Springs CA 92262 Way Any challenge of ilia proposed project In court may be thrilled 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 prier, to the public nearing. (Govern- ment Code Section 65009[01[2j). An opportunlry will be given at said hearing for all Interested persona to be heard Questions regard- Ing this case may be directed to Diane BUgock, Planning Servlcos Department at i(760) 323-0245. SI neceslta ayuda can este Darla,ourfavor llama a Is Ciudad de Palm Spring$ v puede hsbiar con Nadine Fleger tell (7 0) 323-0245, -_ Published:3/4/2006 James Thompson, Ciry clerk NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS Case 5.1068 PD 316, TTM 34214 A Planned Development District (PDD) and Tentative Tract Map Application (TTM) by 803 North Palm Canyon, LLC Located at 803 North Palm Canyon 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 15, 2006. The City Council meeting begins at 6:00 p.m., in the Council Chamber, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider an application by Wally Hrdlicka, owner of 803 North Palm Canyon, LLC proposing a mixed-use commercial/residential building with tuck under parking and associated landscaping on an approximately 24,200 square foot lot located at 803 North Palm Canyon Drive, Zone C-1/R-3, Section 10. ENVIRONMENTAL DETERMINATION: An Environmental Assessment has been prepared and will be reviewed by the City Council at the meeting. Pursuant to the guidelines of the California Environmental Quality Act (CEQA), the City has prepared an Initial Study and a Negative Declaration which has found that the proposed project would not have a significant effect on the environment. 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 5:00 p.m. Monday through Friday. 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 Diane Bullock, Planning Services Department at (760) 323-8245. Si necesita ayuda con esta carta, porfavor flame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. J mes Thompson, City CI rk Department of Planning Services INW E Vicinity Map 5 EL ALAMEDA —71 n Uj 0 w o TAMARISK RD z U z <C zZ IY O / - MERITO RL zz _ a z Legend ®Site 600 Feet —Z GRANVIA VALMONTE CITY OF PALM SPRINGS CASE NO: 5.1068 DESCRIPTION: Application by 803 North Palm Canyon, LLC PD-316, TM 34214 proposing a mixed-use commercial/residential building on an approximately 24,200 square foot lot located at 803 North APPLICANT: Wally Hrdlicka Palm Canyon Drive, Zone C-1/R-3, Section 10. APN: 505-283-009. ?ALM SA City ®f Palm Springs V to Office of the City Cleric * "Oo 1 PA ' 3200 E.Tabq uitz Canyon Way ' m Pal Springs, Cabm foia 92262 C, flPOE.AtE� �P Tel: (760) 323-8204 ° Fax (760)322-8332 ° Web: www.ci.palm-springs.ca.us �I FOt�N AFFIDAVIT OF MAILING NOTICES I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing, to consider an application by Wally Hrdlicka, owner of 803 North Palm Canyon, LLC proposing a mixed-use commercial/residential building with tuck under parking and associated landscaping on an approximately 24,200 square foot lot located at 803 North Palm Canyon Drive, Zone C-1/R-3, Section 10, was mailed to each and every person set forth on the attached list on the 15t day of March, 2006, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (73 notices mailed) I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 1st day of March, 2006. LIDI ^.Glt — AMAES THOMPSON 7 c /City Clerk /kdh H:\USERS\C•CLK\Hearing NoticesWildavit-803 North Palm Canyon 03-15-06 PHN.doc Post Office Boat 2743 0 Palm Springs, California 92263-2743 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS Case 5.1068 PD 316, TTM 34214 A Planned Development District (PDD) and Tentative Tract Map Application (TTM) by 803 North Palm Canyon, LLC Located at 803 North Palm Canyon Drive 140TICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of March 15, 2006. The City Council meeting begins at 6:00 p.m., in the Council Chamber, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider an application by Wally Hrdlicka, owner of 803 North Palm Canyon, LLC proposing a mixed-use commercial/residential building with tuck under parking and associated landscaping on an approximately 24,200 square foot lot located at 803 North Palm Canyon Drive, Zone C-1/R-3, Section 10. ENVIRONMENTAL DETERMINATION: An Environmental Assessment has been prepared and will be reviewed by the City Council at the meeting. Pursuant to the guidelines of the California Environmental Quality Act (CEQA), the City has prepared an Initial Study and a Negative Declaration which has found that the proposed project would not have a significant effect on the environment. 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 5:00 p.m. Monday through Friday. 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 Diane Bullock, 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. O` may/ /44mes Thompson, City CI rk NEIGHBORHOOD COALITION REPS Public Hearing Notice MS APRIL HILDNER MR TIM HOHMEIER Case 5.1068 PD-316,TTM 34214 (TAHQUITZ RIVERS ESTATES) (DEEPWELL ESTATES) 803 NORTH PALM CANYON, LLC 241 EAST MESQUITE AVENUE 1387 CALLE DE MARIA CC Meeting-03.15.06 PALM SPRINGS CA 92264 PALM SPRINGS CA 92264 MS ROXANN FLOSS MR STEVEN PERRIN MS SHERYL HAMLIN (BEL DESIERTO NEIGHBORHOOD ) (DEEPWELL RANCH) (HISTORIC TENNIS CLUB AREA) 930 CHIA ROAD 1334 INVIERNO R\DRIVE 565 WEST SANTA ROSA DRIVE PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 MR JOHN HANSEN MS MALLIKA ALBERT MS DIANE AHLSTROM (WARM SANDS NEIGHBORHOOD) (CHINO CANYON ORGANIZATION) (MOVIE COLONY NEIGHBORHOOD) PO BOX 252 2241 NORTH LEONARD ROAD 475 VALMONTE SUR PALM SPRINGS CA 92263 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR KENT CHAMBERLIN MR BOB MAHLOWITZ MS PAULA AUBURN (TENNIS CLUB AREA) (SUNMOR NEIGHBORHOOD GROUP) (SUNRISENISTA CHINO AREA) 373 MONTE VISTA 246 NORTH SYBIL ROAD 1369 CAMPEON CIRCLE PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR BILL SCOTT MR.SEIMA MOLOI MR BOB DICKINSON (OLD LAS PALMAS NEIGHBORHOOD) (DESERT HIGHLAND GATEWAY) VISTA LAS PALMAS HOMEOWNERS 540 VIA LOLA 359 W. SUNVIEW AVENUE 755 WEST CRESCENT DRIVE PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262-1459 PALM SPRINGS CA 92262 MR PETE MORUZZI PALM SPRINGS MODERN COMMITTEE MODCOM&HISTORIC PO BOX 4738 SITE REP 1 1 I PALM SPRINGS CA 92263-4738 CITY OF PALM SPRINGS CASE NO PLANNING&ZONING DEPT MRS JOANNE BRUGGEMANS VERIFICATION NOTICE I I 1 ATTN SECRETARY 506 W SANTA CATALINA ROAD PO BOX 2743 PALM SPRINGS CA 92262 PALM SPRINGS, CA 92263-2743 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA INDIANS 1 1 1 1 1 1 INDIANS 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 MR WALLACE HRDLICKA DESIGN ARC ARCHITECTS 803 N. PALM CANYON, LLC 10500 W. PICO BOULEVARD SPONSORS-APPLICANT 74671 OLD PROSPECTOR TRAIL LOS ANGELES, CA 90064 PALM DESERT, CA 92260 MR ROBERT MAINIERO ORANGE STREET STUDIO MSA CONSULTING, INC. 1506 GARDNER'STREET 34200 BOB HOPE DRIVE LOS ANGELES, CA 90046 2���� RANCHO MIRAGE, CA 92270 U l' ,.S . /o,(P Ab .3/d., ///'y J'y�/�/-• 1. �. //�rya..n_y�e`w.; .S'. A,J. 43 6 Smooth Feed Sheets'rn" Use template 6or 51600 ''' ANGEL VIEW CRIPPLED 850 NORTII+PALM CANYON BABALU LAC f2rl / CHILDRENS FOUNDATION 1011 BOYL.STO AVE E 4 12379 MIRACLE HILL RD 330 WASHINGTO`N BLVD 300 SEAT-_fLE, WA g ✓7102 DESERT HOT SPRINGS, CA MA,MI A DELAF Y, CA 90292 SUZANNE G BARBIS ELLIOT L & JUDY BERNSTEIN BINKOW 1285 N CLARK ST PO BOX 4662 777 E TAHQUITZ CANYON LOS ANGELES, CA 90069 PALM SPRINSG, CA 92263 WAY 111 PALM SPRINGS, CA 92262 DANIEL J BLOOM JEAN-JACQUES BOUCHE STANLEY K& ALAN CLARK 1301 SPRING ST 25J 6252 PRIMROSE AVE 1200 E PASEO EL MIRADOR SEATTLE, WA 98104 LOS ANGELES, CA 90068 PALM SPRINGS, CA 92262 KYLE W & KATHRYN CORWIN DENNIS DEMONTIGNY THOMAS A ROUNDS 219 S TIMM RD PO BOX 646 640 N BELARDO RD RIDGEFIELD, WA 98642 LAKE ELSINORE, CA 92531 PALM SPRINGS, CA 92262 RONALD L & LOUISE ECCARD FWP ENTERPRISES PRESCOTT F GRIFFITH 780 PRESCOTT DR 766 PRESCOTT DR 574 HEATHERLEIGH DR PALM SPRINGS CA 92262 PALM SPRINGS, CA 92262 AKRON, OH 44333 CAROLINE HAKIM BRENT J & DRU HALL W H & HELEN HAMPTON 885 N PRESCOTT DR 894 N PALM CANYON DR 242 W MOUNTAIN VIEW PL PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 INN AT LANGLEY INC DAVID A KAPLAN JAY G UIIIKLE,, IU4 PO BOX 835 PO BOX 8360 1507,4ARWICK LN LANGLEY, WA 98260 PALM SPRINGS, CA 92263 W-i�/PORT'BEACH, CA 92660 ROBERT K:UPERMAN JULIE LEVERENCE MALENA 277 W EL PORTAL 4348 VAN NUYS BLVD 200 1112 SE RIVER FOREST RD PALM SPRINGS, CA 92264 SHERMAN OAKS, CA 91403 OAK GROVE, OR 97267 MALENA LLC M J & MISHELL NAILOR FELIPE & LISBET CASTANEDA 735 N PRESCOTT DR 419 E VALMONTE SUR 140 E PALM CANYON DR PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92264 PRESCOTT S & STEPHEN JOHN OSWALD PAR MONTY OF PALM NICHOLS SPRINGS INC 107 VIA CORDOVA 879 N PALM CANYON DR 175 E EL ALAMEDA PALM SPRINGS, CA 92262 NEWPORT BEACH, CA 92663 PALM SPRINGS, CA 92262 a Smooth reed SheetSTM Use eempe ate for 51600 PRESCOTT SPRINGS REC WARDENS & 860 N INDIIEUtANYON DR HOMEOWNERS ASSN VESTRYMEN OF PARS 2932 CAL LE FRONTERA n 5520 PAC CONCOURSE 270 125 W EL ALAMEDA LOS ANGELES, CA 90045 PALM SPRINGS, CA 92262 S�wNELEMENTE, CA 92673 SAN MECEDONIO CO SECOND IMPERIAL MANOR GERALD & LILLIAN SINGER 1874 S PACIFIC COAST 201 4589 VIA VISTOSA 37730 FESTIVAL DR REDONDO BEACH, CA 90877 SANTA BARBARA, CA 93110 PALM DESERT, CA 92211 PAULA M :WtAMERS A-Ni TALALA PROP SHERROD E TURNER 800 N PAEM CANYON DR 266 S PALM CANYON DR 860 N PRESCOTT DR PALM'SPRINGS, CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 GREGORY B WILCOX JULES & SHIRLEY KRAUT MICHAEL C & SUSAN 241 CAMINO NORTE 411 S ORANGE DR MCCAFFREY PALM SPRINGS, CA 92262 LOS ANGELES, CA 90036 655 HOLLOWS CIRCLE DEERFIELD BEACH, FL 33442 BETTY FORD WAYNE S LONG ANDREW J & FRITZI SCHULTZ PO BOX 2033 14650 1 STAVE S 187 W MERITO PL PALM SPRINGS, CA 92263 SEATTLE, WA 98168 PALM SPRINGS, CA 92262 RYAN &pj<]LI CLASEN ERISHKA FAIRCHILD WINSTON FROST 758 P,RtSCOTT DR t�,H 625 TERESITA BLV 36399 CATHEDRAL CANYON WM SPRINGS, CA 92262 SAN FRANCISCO, CA 94127 DR 6 CATHEDRAL CITY, CA 92234 VILLA H SPARTAN JOHN D &,S ADRA MANN EDMUND W QUARRY 275 BRUNER ST PO BOX'2130 ptd PO BOX 3115 HINSDALE, IL 60521 PASPRINGS, CA 92263 PALM SPRINGS, CA 92263 MODERN PROP SALVATORE J BIANCO ERIK ST LING 1'� 3302 4TH AVE 190 S PALM CANOYON DR 1087 ILSHIRE BLVD 15TH SAN DIEGO, CA 92103 PALM SPRINGS, CA 92262 ANGELES, CA 90024 JAY B JACOBS JOHN P & TERRY ARGYROS JOHN HALDERMAN 950 N PRESCOTT DR 3205 CLAREMORE AVE 30391 MARBELLA VIS PALM SPRINGS, CA 92262 LONG BEACH, CA 90808 SAN JUAN CAPISTRANO 92675 MERITO MANOR COMM ASSC JOY T BELLI 197 W MERITO PL 8355 MARMONT LN PALM SPRINGS, CA 92262 LOS ANGELES, CA 90069