HomeMy WebLinkAbout10/19/2011 - STAFF REPORTS - 1.C. 2012 JAM 30 AM 11: 21
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Attn: James Thompson, City Clerk
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City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
EST.JUNE 19,1883
Re: Case 5.1209 Change of Zone and Tentative Parcel Map 35681
The Soboba Band of Luiseho Indians appreciates your observance of Tribal Cultural
Resources and their preservation in your project. The information provided to us on said
project(s)has been assessed through our Cultural Resource Department, where it was
concluded that although it is outside the existing reservation, the project area does fall
within the bounds of our Tribal Traditional Use Areas. At this time the Soboba Band
does not have any specific concerns regarding this project, but wishes to defer to the
Agua Caliente Band of Cahuilla Indians.
[SPECL4L NOTE(for projects other than cell towers):If this project is associated with a city or county specific plan or general plan
action it is subject to the provisions of SB18-Tmdtional Tribal Cultural Places(law became effective January 1,2005)and will require
the city or county to participate in formal,government-to�government consultation with the Tribe. If the city or county are your
client,you may wish to make them aware of this requirement. By law,they are required to contact the Tribe.
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tiverosultural Resource Department
P.O. Box 487
San Jacinto, CA 92581
Phone (951) 654-5544 ext. 4137
Cell (951) 663-5279
Ontiveros@soboba-nsn.gov
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"`'F° % CITY COUNCIL STAFF REPORT
DATE: October 19, 2011 PUBLIC HEARING
SUBJECT: AN APPLICATION BY NOBLE & COMPANY REQUESTING A CHANGE
OF ZONE (CZ) FROM E-1 (ENERGY-INDUSTRIAL) TO M-2
(MANUFACTURING) FOR AN APPROXIMATELY 30-ACRE PARCEL
NORTH OF 19TH AVENUE AND EAST OF HALLECK AVENUE. THE
APPLICATION INCLUDES A TENTATIVE PARCEL MAP (TPM 35681)
TO SUBDIVIDE THE 30-ACRE PARCEL INTO SIX PARCELS. SECTION
15 (APN 666-320-007, 009 and 013)
CASE: 5.1209 CZ TPM 35681
FROM: David H. Ready, City Manager
BY: Craig Ewing, AICP, Director of Planning Services
SUMMARY
The applicant, Noble & Company is requesting a change of zone (CZ) from E-1 to M-2
for a roughly 30-acre parcel on the north side of 19TH Avenue east of Halleck Avenue.
The application includes a Tentative Parcel Map (TPM) to subdivide the property into six
parcels. A public hearing is required.
RECOMMENDATION:
Introduce on first reading Ordinance No. _, "AN ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA APPROVING A CHANGE OF ZONE FROM E-1
(ENERGY-INDUSTRIAL) TO M-2 (MANUFACTURING) FOR A ROUGHLY 30-ACRE
PARCEL (APN 666-320-007, 009, and 013)"
Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 35681
TO SUBDIVIDE 30 ACRES (APN 666-320-007, 666-320-009, AND 666-320-013),
SECTION 15, INTO SIX PARCELS (CASE 5.1209CZ TPM 35681)"
ITEM NO. ,L
City Council Staff Report Oct 19, 2011
5.1209 CZ TPM 35681 Change of Zone and Tentative Parcel Map Page 2 of 7
BACKGROUND:
The subject site is located on the north side of the City, north of Interstate 10. It is
roughly sited west of Indian Canyon Drive on the north side of 19th Avenue (which is a
secondary thoroughfare in the General Plan), east of Halleck Avenue. It is immediately
adjacent to the "peaker plant', a gas powered electrical generating plant.
SITE
AERIAL PHOTO SHOWING THE SUBJECT PARCEL.
The parcels are currently vacant, with sparse natural desert scrub vegetation. The
northeastern parcel has a topographical condition comprising a drainage Swale in the
north-south direction. The parcels slope gently upward from south to north. The
applicant is proposing to subdivide the existing three parcels into six parcels with
access from a proposed new public street.
The General Plan and Zoning designations for the surrounding properties are shown in
Table 1 below.
Table 1: Surrounding land uses, General Plan and Zoning desi nations
Land Use General Plan Zoning
North Vacant Industrial E-1
East Industrial Wind Turbines Industrial M-2
South Industrial Gas Electrical Generating Plant)/Vacant Industrial M-2
West Vacant Industrial E-1
02
City Council Staff Report Oct 19, 2011
5.1209 CZ TPM 35681 Change of Zone and Tentative Parcel Map Page 3 of 7
ANALYSIS:
General Plan
The subject property is designated Industrial (0.5 FAR) in the General Plan. This
designation is intended to promote areas of development of industrial uses that do not
detract from the City's desire to be a premier resort community. Industrial uses within
the City will expand the City's job base and are therefore important to the City's overall
economic vitality and balance of land uses. The parcels are also within the Wind
Energy Overlay. This overlay is intended to identify areas where WECS (Wind Energy
Conversion Systems) or wind turbines are allowed. Not more than 15% of the total
acreage in this overlay area may be developed with industrial and/or regional business
center uses (depending on the underlying General Plan land use designation).
Zoning
The easternmost parcel (APN 666-320-013) is zoned M-2 (Manufacturing) and the other
two parcels (APN 666-320-007 and 009) are zoned E-1 (Energy-Industrial). The change
of zone application proposes that the two lots presently zoned Energy-Industrial be
changed to the M-2 zone (Manufacturing).
The proposed subdivision and M-2 Zone development standards are analyzed in Table
2.
Table 2: Proposed Subdivision and the M-2 Zone Requirements
M-2 Minimum Proposed Subdivision
Re uirements
Lot Depth Lot Width Lot Area Lot Depth Lot Width
(20,000sf min,
40,000 sf min on
secondary
thoroughfare
Lot 1 200 feet 200 feet 8.65 acres 585 feet 644 feet
(fronting a (abutting a
seconda seconda
Lot 2 100 150 9.14 acres 620 feet (average) 664 feet
Lot 3 100 150 1.99 acres 254 feet 290 feet (average
Lot 4 100 150 2.41 acres 300 feet (average) 290 feet (average)
&Lot6
100 150 2.44 acres 332 feet 332 feet
100 150 2.45 acres 328 feet 332 feet
As noted, all proposed lots within TPM 35681 conform to the minimum area and
dimensional standards for the M-2 zone.
The Zoning Ordinance provides the following description for the M-2 zone and the E-1
zone:
92.17.1.00 "M-2" manufacturing zone. The "14-2" manufacturing zone is
intended to provide for the development of industrial uses which include
03
City Council Staff Report Oct 19, 2011
5.1209 CZ TPM 35681 Change of Zone and Tentative Parcel Map Page 4 of 7
fabrication, manufacturing, assembly or processing which do not in their
maintenance, assembly, manufacture or plant operation create by-
products to any degree which will adversely affect the resort-open space
environment of the city.
92.17.2.00 "E-1" energy industrial zone. The E-l" energy industrial zone
is intended to provide areas for alternative energy development and
limited industrial uses in those areas which by virtue of strong prevailing
winds are ideally suited for large-scale development of wind energy.
Alternative energy development is intended as the principal land use, with
the permitted industrial uses serviced directly, and primarily, by alternative
energy for electrical needs. The retention of open space is encouraged.
No industrial use shall be permitted which, by the nature of its
development or operation, will in any way adversely affect the resort
environment of the city.
Alternative energy industries such as solar collectors, Wind Energy Conversion
Systems (WECS), cogeneration plants, and natural gas powered electrical generation
plants are permitted within the M-2 zone with a Conditional Use Permit (CUP). These
uses are also permitted with a CUP in the E-1 zone. Within the E-1 zone, however, the
strict requirements of open space and a 15% limitation on non-WECS industrial uses
presumes that the primary land use would be for wind turbines. The applicant desires
the more expansive set of development opportunities permitted in the M-2 zone, without
the 15% limitation imposed by the E-1 zone.
There currently are no WECS (wind turbines) on any of the subject parcels. The
applicant has noted that the parcels under consideration are not viable wind sites
because of wind access setbacks (between rows of turbines) from existing turbines. Up-
wind projects (or anticipated re-powering of existing upwind projects) make the subject
land non-viable for wind development.
FINDINGS:
Change of Zone Findings.
The findings for a Change of Zone are found in PSZO Section 94.07.00 (A) as follows:
1. The proposed change of zone is in conformity with the general
plan map and report. Any amendment of the general plan
necessitated by the proposed change of zone should be made
according to the procedure set forth in the State Planning Law
either prior to the zone change, or notice may be given and
hearings held on such general plan amendment concurrently with
notice and hearings on the proposed change of zone.
04
City Council Staff Report Oct 19, 2011
5.1209 CZ TPM 35681 Change of Zone and Tentative Parcel Map Page 5 of 7
The M-2 zone conforms to the General Plan Land Use Designation of Industrial. Of the
three parcels that comprise this project one is already zoned M-2, thus, the applying the
proposed M-2 zone to the other two parcels would establish a contiguous M-2 zone with
other land with the same zone designation. The General Plan Industrial land use
designation encourages manufacturing and industrial uses of the type that are permitted
in the M-2 zone that are not detrimental to the premier resort nature of Palm Springs.
Staff therefore believes the proposed change of zone and land uses permitted therein
are in conformity with the General Plan. The change of zone will permit greater
development density because the E-1 zone restricts non-WECS uses to 15% of the total
lot, whereas the M-2 zone allows up to 60% of the total lot area to be developed with
buildings and uses consistent with the zone. This increased density is evaluated in the
associated environmental analysis.
2. The subject property is suitable for the uses permitted in the
proposed zone, in terms of access, size of parcel, relationship to
similar or related uses, and other considerations deemed relevant
by the commission and council.
The application proposes six lots each of which are conforming to the minimum size and
dimensional requirements for the M-2 zone. The area in which the parcels are located
is a zone in which industrial uses are permitted and current development patterns are
already emerging that are consistent with the uses permitted in the M-2 zone.
Therefore, staff has concluded that the property and the proposed parcels are suitable
for the uses permitted in the proposed zone.
3. The proposed change of zone is necessary and proper at this time,
and is not likely to be detrimental to the adjacent property or
residents.
The change of zone request allows consistency in development patterns and proposed
uses that are similar to those in adjacent parcels with the M-2 zone. The parcels are
currently undeveloped and by making the change of zone at this time, future
development patterns should emerge that are complementary and consistent with one
another. There are no residential zones in the vicinity of these parcels. For these
reasons, Staff believes the change of zone is necessary and proper at this time and
poses no detrimental impact on adjacent properties.
Tentative Parcel Map Findings
The following findings are required pursuant to Section 66474 of the Subdivision Map
Act.
a. The proposed Tentative Parcel Map is consistent with all applicable
general and specific plans.
05
City Council Staff Report Oct 19, 2011
5.1209 CZ TPM 35681 Change of Zone and Tentative Parcel Map Page 6 of 7
The proposed project is consistent with the General Plan designation of Industrial land
use which allows a maximum density of 0.5 FAR (Floor area ratio) per lot.
b. The design and improvements of the proposed Tentative Tract Map are
consistent with the zone in which the property is located.
The proposed lots meet or exceed the development standards for the zone in terms of
minimum area, dimensional requirements, and access to a designated public roadway.
Therefore staff has concluded that the proposed subdivision is consistent with the
development standards for the zone in which they are located.
C. The site is physically suited for this type of development.
The project site is generally flat, gently sloping native desert without major topographical
features or challenges. Manufacturing and industrial uses are already developed in the
vicinity of the project site. Drainage issues, if any, will be addressed as a condition of
approval. Roadways are proposed that meet or exceed the minimum standards set
forth by the City's Public Works Department. The site is immediately adjacent to major
and secondary thoroughfares that, upon final buildout, would be conducive for carrying
traffic to future industrial uses on the site. Therefore, staff believes the site is indeed
suitable for this type of development.
d. The site is physically suited for the proposed density of development.
The lots proposed to be created exceed the minimum lot size for the zone and are
adequate in physical condition to allow 0.5 FAR as the allowable maximum density
outlined in the General Plan. The lots are generally flat and lack any challenging
topography or other physical barriers to development. Therefore the project site is
physically suited for the proposed density of development.
e. The design of the subdivision is not likely to cause environmental damage
or substantially and avoidably injure fish, wildlife, or their habitats.
An environmental study has been performed on the project and through that analysis it
has been determined that the project is not likely to cause environmental damage or
substantially and avoidably injure fish, wildlife, or their habitats.
f. The design of the subdivision or type of improvements is not likely to
cause serious public health problems.
All typical or routine municipal services will be required for any future develop that is
anticipated. Proposed roadway access, widths, and other characteristics are consistent
with the City's development standards and regulatory guidelines for this type of
subdivision. There are no known issues related to the design of the proposed
subdivision that would cause any adverse public health problems.
06
City Council Staff Report Oct 19, 2011
5.1209 CZ TPM 35681 Change of Zone and Tentative Parcel Map Page 7 of 7
g. The design of the subdivision or type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of
the property within the proposed subdivision.
There is no known public access across the subject property; therefore, the subdivision
will not conflict with easements for access through or use of the property.
ENVIRONMENTAL ASSESSMENT:
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the application
has been deemed "a project". An initial study was conducted and potentially significant
impacts caused by the proposed project were identified and a 20-day period for public
review was provided. Comments were received and Staff has responded to all
comments. The comments did not provide any new information or cause further
analysis to be initiated. A series of mitigation measures have been proposed that would
reduce any potentially significant impacts to levels less than significant. The owner has
agreed in writing to all the proposed mitigation measures. Thus a Notice of Intent to
Adopt a Mitigated Negative Declaration has been filed.
NOTIFICATION:
A public hearing notice was advertised and was mailed to all property owners within 400
feet of the subject property. As of the writing of this report, staff has not received any
comment.
FISCAL IMPACT: None.
E ng, C Thomas J. Wil
4D c of Plan ing ervices Assistant City Manager
David H. Ready, C' nager
Attachments:
1. 400' Vicinity Map
2. Draft Ordinance
3. Draft Resolution and Conditions of Approval
4. Minutes of Planning Commission Meeting of September 28, 2011
5. Planning Commission Staff Report and Resolution No. 6231
6. Tentative Parcel Map 35681
07
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ParcelsA' �A 4
CITY OF PALM SPRINGS
CASE: 5.1209 CZ DESCRIPTION: A request by Noble & Company,
TPM 35681 LLC for a Change of Zone from Energy-Industrial
(E-1) to Manufacturing (M-2) for an approximately
APPLICANT: Noble & 30 acre parcel north of 19th Avenue, west of
Company, LLC Indian Canyon Drive, and east of Karen Avenue.
The application includes a Tentative Parcel Map
(TPM) proposing to subdivide the site into 6
parcels:
08
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE
PARCEL MAP 35681 TO SUBDIVIDE 30 ACRES (APN 666-
320-007, 666-320-009, AND 666-320-013), SECTION 15,
INTO SIX PARCELS (CASE 5.1209CZ TPM 35681)
WHEREAS, Noble & Company, LLC, "applicant', has filed an application with the City
pursuant to Section 94.07.00 (Change of Zone) of the Zoning Code seeking approval
for a zone change from Energy Industrial (E-1) to Manufacturing (M-2) for a roughly 30
acre parcel, north of 19th Avenue and east of Karen Avenue; and
WHEREAS, the applicant has also filed an application with the City pursuant to Chapter
9.62 of the City's Municipal Code (Maps) and Section 66474 of the State of California
Subdivision Map Act, for a Tentative Parcel Map proposing to subdivide the same 98
acre parcel into three lots; and
WHEREAS, a notice of public hearing for Case 5.1209 CZ TPM 35681 was given in
accordance with applicable law; and
WHEREAS, on September 28, 2011, a public meeting on Case 5.1209 CZ TPM 35681
was held by the Planning Commission in accordance with applicable law; and
WHEREAS, the proposed project is considered a "project" pursuant to the terms of the
California Environmental Quality Act ("CEQA") An Initial Study was conducted and the
project was found to cause potentially significant impacts to the environment. Mitigation
measures have been proposed reducing any potentially significant impacts to less than
significant. The applicant has agreed in writing to all proposed mitigation measures. A
Notice of Intent to Adopt a Mitigated Negative Declaration was prepared and circulated
for public comment for a period of 20 days. No new information was discovered that
would require further analysis under CEQA; and
WHEREAS, the Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with the hearing on the project, including, but not
limited to, the staff report, and all written and oral testimony presented and voted 6-0-1
(Klatchko absent) to approve the project and recommend approval by the City Council
subject to conditions of approval.
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to
consider Case 5.1209 CZ TPM 35681, was given in accordance with applicable law;
and
WHEREAS, on October 19, 2011, a public hearing on the application for the project
was held by the City Council in accordance with applicable law; and,
09
City Council Resolution No. _ October 19, 2011
Case 5.1209 CZ TPM 35681 30 Acre Parcel on 19`"Avenue Page 2 of 4
WHEREAS, at said public hearing the City Council considered Case 5.1209 CZ TPM
35681 Change of Zone, including the staff report, the associated MND, and all written
and public testimony related to Case 5.1209 CZ TPM 35681.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. Pursuant to CEQA, the City Council hereby adopts the Mitigated Negative
Declaration as an adequate analysis of the potential environmental impacts of the
proposed Change of Zone and Tentative Parcel map. The City Council further finds that
with adoption of the proposed mitigation measures, all potentially significant impacts will
be reduced to less than significant impacts.
SECTION 2: Pursuant to Municipal Code Chapter 9.64 (Maps) and the State of
California Subdivision Map Act Section 66474, the City Council finds as
follows:
The following findings are required pursuant to Section 66474 of the State of California
Subdivision Map Act.
a. The proposed Tentative Parcel Map is consistent with all applicable
general and specific plans.
The proposed project is consistent with the General Plan designation of Industrial land
use which allows a maximum density of 0.5 FAR (Floor area ratio) per lot.
b. The design and improvements of the proposed Tentative Tract Map
are consistent with the zone in which the property is located.
The proposed lots meet or exceed the development standards for the zone in terms of
minimum area, dimensional requirements, and access to a designated public roadway.
The proposed subdivision is consistent with the development standards for the zone in
which they are located.
C. The site is physically suited for this type of development.
The project site is generally flat, gently sloping native desert without major
topographical features or challenges. Manufacturing and industrial uses are already
developed in the vicinity of the project site. Drainage issues, if any, will be addressed
as a condition of approval. Roadways are proposed that meet or exceed the minimum
standards set forth by the City's Public Works Department. The site is immediately
adjacent to major and secondary thoroughfares that, upon final build out, would be
conducive for carrying traffic to future industrial uses on the site. Therefore, the site is
indeed suitable for this type of development.
10
City Council Resolution No._ October 19, 2011
Case 5.1209 CZ TPM 35681 30 Acre Parcel on 19" Avenue Page 3 of 4
d. The site is physically suited for the proposed density of
development.
The lots proposed to be created exceed the minimum lot size for the zone and are
adequate in physical condition to allow 0.5 FAR as the allowable maximum density
outlined in the General Plan. The lots are generally flat and lack any challenging
topography or other physical barriers to development. Therefore the project site is
physically suited for the proposed density of development.
e. The design of the subdivision is not likely to cause environmental
damage or substantially and avoidably injure fish, wildlife, or their habitats.
An environmental study has been performed on the project and through that analysis it
has been determined that the project is not likely to cause environmental damage or
substantially and avoidably injure fish, wildlife, or their habitats.
f. The design of the subdivision or type of improvements is not likely
to cause serious public health problems.
All typical or routine municipal services will be required for any future develop that is
anticipated. Proposed roadway access, widths, and other characteristics are consistent
with the City's development standards and regulatory guidelines for this type of
subdivision. There are no known issues related to the design of the proposed
subdivision that would cause any adverse public health problems.
g. The design of the subdivision or type of improvements will not
conflict with easements, acquired by the public at large, for access
through or use of the property within the proposed subdivision.
There is no known public access across the subject property, therefore, the subdivision
will not conflict with easements for access through or use of the property.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council hereby approves Case 5.1209 CZ TPM 35681 a Tentative Parcel Map
subdividing into six parcels a roughly 30 acre parcel north of 19th Avenue and east of
Halleck Avenue, subject to the attached conditions set forth in Exhibit A.
ADOPTED this 19" day of October, 2011.
CITY OF PALM SPRINGS, CALIFORNIA
MAYOR
ATTEST:
City Clerk
City Council Resolution No._ October 19, 2011
Case 5.1209 CZ TPM 35681 30 Acre Parcel on 19t°Avenue Page 4 of 4
CERTIFICATION:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby
certify that Resolution No. is a full, true, and correct copy, and was adopted at a
regular meeting of the City Council held on by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California \
12
ORDINANCE NO. _
AN ORDINANCE OF THE CITY COUNCIL OF PALM
SPRINGS, CALIFORNIA AMENDING THE ZONING MAP
TO CHANGE THE ZONING DESIGNATION OF AN
APPROXIMATELY 30-ACRE PARCEL (APN 666-320-007,
009, and 013) FROM E-I (ENERGY-INDUSTRIAL) TO M-2
(MANUFACTURING); THE PARCEL IS LOCATED NORTH
OF 19T" AVENUE AND EAST OF HALLECK AVENUE,
SECTION 15.
WHEREAS, On April 14, 2008, Noble & Company (the Applicant) filed an
application for a Change of Zone, requesting to change the zoning designation of
an approximately 30 acre parcel identified as APN 666-320-007, 009, and 013
from zone E-I (Energy Industrial) to zone M-2 (Manufacturing); and
WHEREAS, the applicant has also filed an application with the City pursuant to
Chapter 9.62 of the City's Municipal Code (Maps) and Section 66474 of the State
of California Subdivision Map Act, for a Tentative Parcel Map proposing to
subdivide the same 30 acre parcel into six lots; and
WHEREAS, a notice of public hearing for Case 5.1209 CZ TPM 35681 was given
in accordance with applicable law; and
WHEREAS, on September 28, 2011, a public meeting on Case 5.1209 CZ TPM
35681 was held by the Planning Commission in accordance with applicable law;
and
WHEREAS, the proposed project is considered a "project" pursuant to the terms
of the California Environmental Quality Act ("CEQA") An Initial Study was
conducted and the project was found to cause potentially significant impacts to
the environment. Mitigation measures have been proposed reducing any
potentially significant impacts to less than significant. The applicant has agreed
in writing to all proposed mitigation measures. A Notice of Intent to Adopt a
Mitigated Negative Declaration was prepared and circulated for public comment
for a period of 20 days. No new information was discovered that would require
further analysis under CEQA; and
WHEREAS, at said hearing the Planning Commission carefully reviewed and
considered all of the evidence presented in connection with the hearing on the
project, including, but not limited to, the staff report, and all written and oral
testimony presented and voted 6-0-1 (Klatchko absent) to approve the Change of
Zone and Tentative Parcel Map and recommend its approval to the City Council
subject to Conditions of Approval.
13
Ordinance No. October 19, 2011
Case 5.1209 TPM 35681 30 Acre Change of Zone Page 2 of 4
WHEREAS, notice of public hearing of the City Council of the City of Palm
Springs to consider Case 5.1209 CZ TPM 35681, was given in accordance with
applicable law; and
WHEREAS, on October 19, 2011, a public hearing on the application for the
project was held by the City Council in accordance with applicable law; and,
WHEREAS, a Change of Zone is adopted by ordinance and includes two
readings and a thirty-day period before it is effective; and
WHEREAS, an ordinance was prepared for two readings before Council for the
approval of Case 5.1209 CZ TPM 35681, and
WHEREAS, at said public hearing the City Council considered Case 5.1209 CZ
TPM 35681 Change of Zone, including the staff report, the associated MND, and
all written and public testimony related to Case 5.1209 CZ TPM 35681.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Pursuant to CEQA, the City Council hereby adopts the Mitigated
Negative Declaration as an adequate analysis of the potential
environmental impacts of the proposed Change of Zone and
Tentative Parcel map. The City Council further finds that with
adoption of the proposed mitigation measures, all potentially
significant impacts will be reduced to less than significant impacts.
SECTION 2: Pursuant to Zoning Code Section 94.07.00 (Change of Zone) —'the
council in reviewing a proposed change of zone shall consider
whether the following conditions exist in reference to the proposed
zoning of the subject property".
1. The proposed change of zone is in conformity with the general plan
map and report. Any amendment of the general plan necessitated by the
proposed change of zone should be made according to the procedure set
forth in the State Planning Law either prior to the zone change, or notice
may be given and hearings held on such general plan amendment
concurrently with notice and hearings on the proposed change of zone.
The M-2 zone conforms to the General Plan Land Use Designation of Industrial.
Of the three parcels that comprise this project one is already zoned M-2, thus,
the applying the proposed M-2 zone to the other two parcels would establish a
contiguous M-2 zone with other land with the same zone designation. The
General Plan Industrial land use designation encourages manufacturing and
industrial uses of the type that are permitted in the M-2 zone that are not
detrimental to the premier resort nature of Palm Springs. The proposed change
14
Ordinance No. October 19, 2011
Case 5.1209 TPM 35681 30 Acre Change of Zone Page 3 of 4
of zone and land uses permitted therein are in conformity with the General Plan.
The change of zone will permit greater development density because the E-1
zone restricts non-WECS uses to 15% of the total lot, whereas the M-2 zone
allows up to 60% of the total lot area to be developed with buildings and uses
consistent with the zone. This increased density is evaluated in the associated
environmental analysis.
2. The subject property is suitable for the uses permitted in the
proposed zone, in terms of access, size of parcel, relationship to similar or
related uses, and other considerations deemed relevant by the
commission and council.
The application proposes six lots each of which are conforming to the minimum
size and dimensional requirements for the M-2 zone. The area in which the
parcels are located is a zone in which industrial uses are permitted and current
development patterns are already emerging that are consistent with the uses
permitted in the M-2 zone. Therefore, the property and the proposed parcels are
suitable for the uses permitted in the proposed zone.
3. The proposed change of zone is necessary and proper at this time,
and is not likely to be detrimental to the adjacent property or residents.
The change of zone request allows consistency in development patterns and
proposed uses that are similar to those in adjacent parcels with the M-2 zone.
The parcels are currently undeveloped and by making the change of zone at this
time, future development patterns should emerge that are complementary and
consistent with one another. There are no residential zones in the vicinity of
these parcels. For these reasons, the change of zone is necessary and proper at
this time and poses no detrimental impact on adjacent properties.
SECTION 3. Pursuant to California Law, an ordinance was prepared for two
readings before Council for the approval of Case 5.1209 CZ
Change of Zone and a thirty-day waiting period before it is effective
allowing the approval of Case 5.1209 CZ.
SECTION 4. The City Council adopts an ordinance to approve the zone map
change which changes the zoning designation from E-I (Energy-
Industrial) to M-2 (Manufacturing) for an approximately 30 acre
parcel in conjunction with Case 5.1209 CZ TPM 35681.
SECTION 5. Effective Date: This Ordinance shall be in full force and effect thirty
(30) days after passage.
SECTION 6. Publication: The City Clerk is hereby ordered to and directed to
certify to the passage of this Ordinance, and to cause the same or
15
Ordinance No. October 19, 2011
Case 5.1209 TPM 35681 30 Acre Change of Zone Page 4 of 4
summary thereof or a display advertisement, duly prepared
according to law, to be published in accordance with law.
ADOPTED this 1 W' day of October, 2011.
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, California, do
hereby certify that Ordinance No. is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on
and adopted at a regular meeting of the City Council held on by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California \
16
til� r
�j III► Jf�;,11 ate -
t e
Planning Commission Minutes
September 28, 2011
1. CONSENT CALENDAR:
1A. Case 5.0856 CUP - A request by Freeway Development, LLC, for a one-year time
extension for a previously approved Conditional Use Permit for a 65-unit hotel with
two drive-thru restaurants located at 610 West Garnet Avenue, Zone M-1-P, Section
15. (Project Planner, Glenn Mlaker, AICP, Assistant Planner)
ACTION: To approve a one-year time extension from August 13, 2011 to August 12, 2012.
Motion J.R. Roberts, seconded by Leslie Munger and unanimou rried 5-0 on a roll call
vote.
AYES: Leslie Munger, Tracy Conrad, J.R. R C onenfeld, Vice Chair
Hudson
ABSENT: Philip Klatchko
2. OTHER BUSINESS:
2A. Case SP 11-009 Sign Program - A request by Signs, Inc. to implement a sign
program for a restaurant, hotel nnis club co located at 701 West Baristo
Road, Zone R-2 and R-G-A (8), 15. (Prof ner: David A. Newell,
Associate Planner)
David Newell, Associate P r, provided groun rmation as outlined in the staff
report dated Septemb
Commissioner Co ress appreciation the applicant brought forward the sign
program; however, she t of the n design did not appear to be in keeping
with the hist Lures s' e.
Commi ner Munge a in o he proposed signage.
ACTION: prove, sub to nditions of Approval. Motion J.R. Roberts, seconded
by Leslie Mu and unani usly carried 5-0 on a roll call vote.
AYES: Les un Tracy Conrad, J.R. Roberts, Chair Donenfeld, Vice Chair
Hudso
ABSENT: Philip chko
3. PUBLIC HEARINGS:
3A. Case 5.1209 CZ / TPM 35681 - A request by Noble & Company for a Change of
Zone (CZ) from Energy Industrial (E-1) to Manufacturing (M-2) and a Tentative Parcel
Map (TPM) 35681 to subdivide a roughly 30 acre parcel into 6 parcels, located north
of 19th Avenue and west of Indian Canyon Drive, Zone E-I, Section 15. (Project
Planner: Ken Lyon, Associate Planner)
2 18
Planning Commission Minutes
September 28, 2011
Ken Lyon, Associate Planner, provided background information as outlined in the staff
report dated September 28, 2011.
Chair Donenfeld opened the public hearing:
-Fritz Noble, applicant, stated that the parcels under consideration are not viable wind
sites because of wind access setbacks from the surrounding turbines. He requested that
engineering condition #35 specify that the bond will be requir t the time of grading
permit.
There being no further appearances the public hearing w clo
ACTION: To adopt the draft Negative Declaration rove C .1209 Change of
Zone and Tentative Parcel Map 35681, subje Conditions of App as amended:
-Engineering Condition #35, to be modified to e, " e time a gr ng permit is
issued."
Motion Tracy Conrad, seconded by Ahicthair Hudson nanimously carried 5-0 on a
roll call vote.
AYES: Leslie Munger, Tracy Con J. rfe hair Donenfeld, Vice Chair
Hudson
ABSENT: Philip KI
3B. Case 5.1272 ZTA by t City of Palm Springs to amend the Palm
Spring Cod sta ations allowing off-site advertising displays
(bill s . AICP, Director of Planning Services)
Dire ing provid ckgro information as outlined in the staff report dated
Septembe 2011.
Chair Donenfe ned p c comments:
-Betsy Hayes-Gonz eal estate leasing manager, Lamar Outdoor Advertising, stated
that their intent is no o bring a large number of signs to the city but provide information
and help promote business for merchants by reaching out to tourists.
-William Houck, digital manager for Lamar Advertising, reiterated that they are not looking
at building new billboards but instead use new digital technology that will allow
them to maximize the real estate footprint.
There being no further appearances the public hearing was closed.
3 19
i
A. P A`M Spy
iy
O
V N
Cq<fFORN�P Planning Commission Staff Report
Date: September 28, 2011
Case: 5.1209 CZ and TPM 35681
Application Type: Change of Zone and Tentative Parcel Map
Location: North of 19th Avenue and west of Indian Canyon Drive
Applicant: Fred Noble for Wintec Energy, LP
Zone: E-1 and M-2
General Plan: Industrial /Wind Energy Overlay
APN: 666-320-007, 009 and 013
From: Craig A. Ewing, AICP, Director of Planning Services
Project Planner: Ken Lyon, Associate Planner
PROJECT DESCRIPTION:
The application is a request by Fred Noble of Wintec Energy, LP, for Tentative Parcel Map
35681 to subdivide three parcels comprising approximately 30.19 acres into six lots. The
project is located north of 19th Avenue and west of Indian Canyon Drive; Section 15/T3/R3.
It is also a Change of Zone request to change the zone designation of two of the three
parcels (APN 666-320-007, 009 and 013)from E-1 (Energy-Industrial) to M-2 (Manufacturing).
RECOMMENDATION:
That the Planning Commission recommends that the City Council:
• Certify the Negative Declaration pursuant to the California Environmental Quality Act
(CEQA),
• Approve Tentative Parcel Map 35681 as proposed and subject to the attached
conditions of approval, and
• Approve the Change of Zone request for parcels 666-320-007, 009 and 013 from E-1
(Energy Industrial)to M-2 (Manufacturing).
20
Planning Commission Staff Report September 28, 2011
Case 5.1209 CZ TPM 35681 Page 2 of 7
PRIOR ACTIONS TAKEN ON THE PROJECT:
There are no prior actions for this project.
BACKGROUND AND SETTING:
The subject site is located on the north side of the City of Palm Springs, north of Interstate
10. It is roughly sited west of Indian Canyon Drive on the north side of 19th Avenue (which is
a secondary thoroughfare in the General Plan), immediately adjacent to the "peaker plant', a
gas powered electrical generating plant.
IIi I I
I IIiI, I
SITE
AERIAL PHOTO SHOWING PROJECT AREA(INTERSTATE-10 IS AT THE BOTTOM OF THIS PHOTO)
The parcels are currently vacant, with sparse natural desert scrub vegetation. The
northeastern parcel has a topographical condition comprising a drainage Swale in the north-
south direction. The parcels slope gently upward from south to north. The applicant is
proposing to subdivide the existing three parcels into six parcels with access from a proposed
new public street.
The General Plan and Zoning designations for the surrounding properties are shown in Table
1 below.
Table 1: Surrounding land uses, General Plan and Zoning des! nations
Land Use General Plan Zonin
North Vacant Industrial E-1
East Industrial Wind Turbines Industrial M-2
South Industrial (Gas Electrical Generating Plant)/Vacant Industrial M-2
West Vacant Industrial E-I
21
Planning Commission Staff Report September 28, 2011
Case 5.1209 CZ TPM 35681 Page 3 of 7
ANALYSIS:
General Plan
The subject property is designated Industrial (0.5 FAR) in the General Plan. This designation
is intended to promote areas of development of industrial uses that do not detract from the
City's desire to be a premier resort community. Industrial uses within the City will expand the
City's job base and are therefore important to the City's overall economic vitality and balance
of land uses. The parcels are also within the Wind Energy Overlay. This overlay is intended
to identify areas where WECS (Wind Energy Conversion Systems) or wind turbines are
allowed. Not more than 15% of the total acreage in this overlay area may be developed with
industrial and/or regional business center uses (depending on the underlying General Plan
land use designation).
Zoning
The easternmost parcel (APN 666-320-013) is zoned M-2 (Manufacturing) and the other two
parcels (APN 666-320-007 and 009) are zoned E-1 (Energy-Industrial). The change of zone
application proposes that the two lots presently zoned Energy-Industrial be changed to the M-
2 zone (Manufacturing).
The proposed subdivision and M-2 Zone development standards are analyzed in Table 2.
Table 2: Proposed Subdivision and the M-2 Zone Requirements
M-2 Minimum Proposed Subdivision
Requirements
Lot Depth Lot Width Lot Area Lot Depth Lot Width
(20,000sf min,
40,000 sf min on
secondary
thoroughfare
Lot 1 200 feet 200 feet 8.65 acres 585 feet 644 feet
(fronting a (abutting a
secondary) secondary
Lot 2 100 150 9.14 acres 620 feet (average) 664 feet
Lot 3 100 150 1.99 acres 254 feet 290 feet (average)
Lot 4 100 150 2.41 acres 300 feet (average) 290 feet (average)
Lot 5 100 150 2.44 acres 332 feet 332 feet
Lot 6 100 150 2.45 acres 328 feet 332 feet
As noted, all proposed lots within TPM 35681 conform to the minimum area and dimensional
standards for the M-2 zone.
The Zoning Ordinance provides the following description for the M-2 zone and the E-I zone:
92.17.1.00 "M-2" manufacturing zone. The "M-2" manufacturing zone is
intended to provide for the development of industrial uses which include
fabrication, manufacturing, assembly or processing which do not in their
maintenance, assembly, manufacture or plant operation create by-products to
any degree which will adversely affect the resort-open space environment of
the city.
22
Planning Commission Staff Report September 28, 2011
Case 5.1209 CZ TPM 35681 Page 4 of 7
92.17.2.00 "E-1" energy industrial zone. The "E-1" energy industrial zone is
intended to provide areas for alternative energy development and limited
industrial uses in those areas which by virtue of strong prevailing winds are
ideally suited for large-scale development of wind energy. Alternative energy
development is intended as the principal land use, with the permitted industrial
uses serviced directly, and primarily, by alternative energy for electrical needs.
The retention of open space is encouraged. No industrial use shall be
permitted which, by the nature of its development or operation, will in any way
adversely affect the resort environment of the city.
Alternative energy industries such as solar collectors, Wind Energy Conversion Systems
(WECS), cogeneration plants, and natural gas powered electrical generation plants are
permitted within the M-2 zone with a Conditional Use Permit (CUP). These uses are also
permitted with a CUP in the E-I zone. Within the E-1 zone, however, the strict requirements of
open space and a 15% limitation on non-WECS industrial uses presumes that the primary
land use would be for wind turbines. The applicant desires the more expansive set of
development opportunities permitted in the M-2 zone, without the 15% limitation imposed by
the E-I zone.
There currently are no WECS (wind turbines) on any of the subject parcels. The applicant
has noted that the parcels under consideration are not viable wind sites because of wind
access setbacks (between rows of turbines) from existing turbines. Up-wind projects (or
anticipated re-powering of existing upwind projects) make the subject land non-viable for
wind development.
FINDINGS:
Change of Zone Findings.
The findings for a Change of Zone are found in PSZO Section 94.07.00 (A) as follows:
1. The proposed change of zone is in conformity with the general plan map
and report. Any amendment of the general plan necessitated by the
proposed change of zone should be made according to the procedure
set forth in the State Planning Law either prior to the zone change, or
notice may be given and hearings held on such general plan amendment
concurrently with notice and hearings on the proposed change of zone.
The M-2 zone conforms to the General Plan Land Use Designation of Industrial. Of the three
parcels that comprise this project one is already zoned M-2, thus, the applying the proposed
M-2 zone to the other two parcels would establish a contiguous M-2 zone with other land with
the same zone designation. The General Plan Industrial land use designation encourages
manufacturing and industrial uses of the type that are permitted in the M-2 zone that are not
detrimental to the premier resort nature of Palm Springs. Staff therefore believes the
proposed change of zone and land uses permitted therein are in conformity with the General
Plan. The change of zone will permit greater development density because the E-1 zone
restricts non-WECS uses to 15% of the total lot, whereas the M-2 zone allows up to 60% of
23
Planning Commission Staff Report September 28, 2011
Case 5.1209 CZ TPM 35681 Page 5 of 7
the total lot area to be developed with buildings and uses consistent with the zone. This
increased density is evaluated in the associated environmental analysis.
2. The subject property is suitable for the uses permitted in the proposed
zone, in terms of access, size of parcel, relationship to similar or related
uses, and other considerations deemed relevant by the commission and
council.
The application proposes six lots each of which are conforming to the minimum size and
dimensional requirements for the M-2 zone. The area in which the parcels are located is a
zone in which industrial uses are permitted and current development patterns are already
emerging that are consistent with the uses permitted in the M-2 zone. Therefore, staff has
concluded that the property and the proposed parcels are suitable for the uses permitted in
the proposed zone.
3. The proposed change of zone is necessary and proper at this time, and
is not likely to be detrimental to the adjacent property or residents.
The change of zone request allows consistency in development patterns and proposed uses
that are similar to those in adjacent parcels with the M-2 zone. The parcels are currently
undeveloped and by making the change of zone at this time, future development patterns
should emerge that are complementary and consistent with one another. There are no
residential zones in the vicinity of these parcels. For these reasons, Staff believes the
change of zone is necessary and proper at this time and poses no detrimental impact on
adjacent properties.
Tentative Parcel Mai) Findings
The following findings are required pursuant to Section 66474 of the Subdivision Map Act.
a. The proposed Tentative Parcel Map is consistent with all applicable general and
specific plans.
The proposed project is consistent with the General Plan designation of Industrial land use
which allows a maximum density of 0.5 FAR (Floor area ratio) per lot.
b. The design and improvements of the proposed Tentative Tract Map are
consistent with the zone in which the property is located.
The proposed lots meet or exceed the development standards for the zone in terms of
minimum area, dimensional requirements, and access to a designated public roadway.
Therefore staff has concluded that the proposed subdivision is consistent with the
development standards for the zone in which they are located.
C. The site is physically suited for this type of development.
The project site is generally flat, gently sloping native desert without major topographical
features or challenges. Manufacturing and industrial uses are already developed in the
24
Planning Commission Staff Report September 28, 2011
Case 5.1209 CZ TPM 35681 Page 6 of 7
vicinity of the project site. Drainage issues, if any, will be addressed as a condition of
approval. Roadways are proposed that meet or exceed the minimum standards set forth by
the City's Public Works Department. The site is immediately adjacent to major and
secondary thoroughfares that, upon final buildout, would be conducive for carrying traffic to
future industrial uses on the site. Therefore, staff believes the site is indeed suitable for this
type of development.
d. The site is physically suited for the proposed density of development.
The lots proposed to be created exceed the minimum lot size for the zone and are adequate
in physical condition to allow 0.5 FAR as the allowable maximum density outlined in the
General Plan. The lots are generally flat and lack any challenging topography or other
physical barriers to development. Therefore the project site is physically suited for the
proposed density of development.
e. The design of the subdivision is not likely to cause environmental damage or
substantially and avoidably injure fish, wildlife, or their habitats.
An environmental study has been performed on the project and through that analysis it has
been determined that the project is not likely to cause environmental damage or substantially
and avoidably injure fish, wildlife, or their habitats.
f. The design of the subdivision or type of improvements is not likely to cause
serious public health problems.
All typical or routine municipal services will be required for any future develop that is
anticipated. Proposed roadway access, widths, and other characteristics are consistent with
the City's development standards and regulatory guidelines for this type of subdivision.
There are no known issues related to the design of the proposed subdivision that would
cause any adverse public health problems.
g. The design of the subdivision or type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of the
property within the proposed subdivision.
There is no known public access across the subject property; therefore, the subdivision will
not conflict with easements for access through or use of the property.
ENVIRONMENTAL ASSESSMENT:
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the application has
been deemed "a project". An initial study was conducted and potentially significant impacts
caused by the proposed project were identified and a 20-day period for public review was
provided. Comments were received and Staff has responded to all comments. The
comments did not provide any new information or cause further analysis to be initiated. A
series of mitigation measures have been proposed that would reduce any potentially
significant impacts to levels less than significant. The owner has agreed in writing to all the
25
Planning Commission Staff Report September 28, 2011
Case 5.1209 CZ TPM 35681 Page 7 of 7
proposed mitigation measures. Thus a Notice of Intent to Adopt a Mitigated Negative
Declaration has been filed.
NOTIFICATION:
A public hearing notice was advertised and was mailed to all property owners within 400 feet
of the subject property. As of the writing of this report, staff has not received any comment.
Ken Lyon Craig A. Ewing, AICP
Associate Planner Director of Planning Services
ATTACHMENTS
• Vicinity Map
• Draft Resolution with Conditions of Approval
• Reduced copy of Tentative Parcel Map 35681
26
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs, CA 92262
760-778-4578/Fax 760-778-4731
State Of California ss:
County of Riverside
Advertiser: No 7
NOTICE 00 Pu�ouOcI�NEARING
CITY OF PALM SPRINGS/LEGALS art PAtawGs
PO BOX 2743 CASEsilos %ZAOPNEAND
PALM SPRINGS CA 922632 tf?NrATW PARCEL MAP A5AQ1"
NOTICE IS HER GIVEN that me City Council
of the City of P Spfkgs;Celdornta,.will bold a
oupY�hewing at meeting of October 19,2011.
The Cily Ow ' mean oegiris at a:00 p.m
2000280768 T�1quBi ey,:Palm SSppringl.
rm rpoAee�a Ne�ied�CCeZtc�1°wrro��fuEcrerar��
p Wetr veto M- (Manale4'airirt9)fodra>
qF 1SMh Avenue,
eepppp Drive, ������d a
Tin�ve P Mp.to aWeaAdelhe'slto into six
I am over the age of 18 years old, a citizen of the United parcbe. .
States and not a party to, or have interest in this matter. I ,,,,,,,,,,x
hereby certify that the attached advertisement appeared aiemiww.a .
in said newspaper (set in type not smaller than non pariel)
in each and entire issue of said newspaper and not in any
supplement thereof on the following dates,to wit:
Newspaper: .The Desert Sun i I
10/8/2011
ENVIRON AL DETERMINATION: An emd-
I acknowledge that I am a principal clerk of the printer of rrooenmeeuntal has been prepared under
The Desert Sun, printed and y City B�B ZI of and California Negative
e Emilia Miles!
p published tale in the Ci landi n hhaas �pro� 0� htembi m GreD�ab
of Palm Springs, County of Riverside, State of California. Ac view, document at qre Many 9en-
The Desert Sun was adjudicated a newspaper of general ices antCanyon W , CINg�Hmelgls.3and
East T�armudz
circulation on March 24, 1988 by the Superior Court of the commane or pw to,me City Council hearring.
County of Riverside, State of California Case No. REVIEW PROJECT INFORMATION:The steH
191236. mmopoodr1 and sapteirting documents mgerrfirig
misare Ir o�Ip rewew at City HeII ae-
leeantheh ris 8:00 am.to ll a.m.and 2 p.m..
to S:OD m Monday 7hurstlay. PIM
I declare under penalty of perjury that the foregoing is true •contact LT ofihe"C dark at Iid)323-.
82001f you uld like to schedule an appointment
and correct. Executed on this 8th day of October, 2011 in torenee documents.
COM ON THIS APPLICATION: Response
Palm Springs,California. to this may be:made verbally at the public
hearing' or in writing before the hearing.Wris.
tsn con msybemedeto the PlanmIrgCom-
mi mission by f(for mail or hand delivery)Io:
5,�.pp ,Thompson,City
Clark
Palm Sp g CA 92282WaY
1� Any of the proposed project in court
they be A' fed to raising only those issues raised
DeA7ranewsi Ure at the hasrfng described in this notice,or in
vrtrmen delivered to the City Clerk
c.. OD Y e[ or the trio,hearing. (Goearmnerd
ssao9 N2)Y
y` be gim
Q � i6 ated'An nity wiA to coat said Questions for all-
J J—J irgmh badirectedtoKenLyon;Assoo-
tu.J< C7 `U ate'Plan )323-32C,4.
LLJ V n- r Si can eqe raha,porIs Ilame
�� '\ `'\\ a ta de Pelm Springe y Puada hebler con.
C i U Nadiine Fieger fekfam (780) 323-
e � \L8245. James Thompson,City Clerk
N PWIINNp;tORriT _.
fi
i
i)
RESOLUTION NO. 6231
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA FOR
APPROVAL OF CASE 5.1209 CZ / TPM 35681, A
REQUEST FOR A CHANGE OF ZONE FROM ENERGY-
INDUSTRIAL (E-1) TO MANUFACTURING (M-2) AND A
TENTATIVE PARCEL MAP TO SUBDIVIDE A ROUGHLY
30 ACRE PARCEL INTO SIX PARCELS NORTH OF 19T"
AVENUE, EAST OF HALLETT AVENUE; ZONE E-I,
SECTION 15/T3/R4; APN 666 320 007, 009, AND 013.
WHEREAS, Noble & Company, LLC, "applicant", has filed an application with the City
pursuant to Section 94.07.00 (Change of Zone) of the Zoning Code seeking approval
for a zone change from Energy Industrial (E-1) to Manufacturing (M-2) for a roughly 30
i
acre parcel, north of 19"' Avenue and east of Karen Avenue; and
WHEREAS, the applicant has also filed an application with the City pursuant to Chapter
9.62 of the City s Municipal Code (Maps) and Section 66474 of the State of California
Subdivision Map Act, for a Tentative Parcel Map proposing to subdivide the same 98
acre parcel into three lots; and
i
WHEREAS, a notice of public hearing for Case 5.1209 CZ TPM 35681 was given in
accordance with applicable law; and
WHEREAS, on September 28, 2011, a public meeting on Case 5.1209 CZ TPM 35681
was held by the Planning Commission in accordance with applicable law; and
WHEREAS, the proposed project is considered a "project' pursuant to the terms of the
California Environmental Quality Act ("CEQA") An Initial Study was conducted and the
project was found to cause potentially significant impacts to the environment. Mitigation
measures have been proposed reducing any potentially significant impacts to less than
significant. The applicant has agreed in writing to all proposed mitigation measures. A
Notice of Intent to Adopt a Mitigated Negative Declaration was prepared and circulated
for public comment for a period of 20 days. No new information was discovered that
would require further analysis under CEQA; and
WHEREAS, the Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with the hearing on the project, including, but not
limited to, the staff report, and all written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to the California Environmental Quality Act (CEQA) Guidelines,
the Planning Commission recommends that the City Council adopts a
Mitigated Negative Declaration including mitigation measures that reduce
any potentially significant impacts caused by the project to less than
significant.
27
Planning Commission Resolution No.6231 September 28, 2011
Case 5.1209 CZ TPM 3568130 Acre Parcel on 19th Avenue Page 2 of 4
Section 2: Pursuant to PSZC Section 94.07.00 (Change of Zone), the Planning
Commission finds as follows:
1. The proposed change of zone is in conformity with the general plan map
and report. Any amendment of the general plan necessitated by the
proposed change of zone should be made according to the procedure set
forth in the State Planning Law either prior to the zone change, or notice
may be given and hearings held on such general plan amendment
concurrently with notice and hearings on the proposed change of zone.
The M-2 zone conforms to the General Plan Land Use Designation of Industrial. Of the
three parcels that comprise this project one is already zoned M-2, thus, the applying the
proposed M-2 zone to the other two parcels'would establish a contiguous M-2 zone with
other land with the same zone designation. The General Plan Industrial land use
designation encourages manufacturing and industrial uses of the type that are
3 permitted in the M-2 zone that are not detrimental to the premier resort nature of Palm
i Springs. The proposed change of zone and land uses permitted therein are in
conformity with the General Plan. The change of zone will permit greater development
density because the E-1 zone restricts non-WECS uses to 15% of the total lot, whereas
the M-2 zone allows up to 60% of the total lot area to be developed with buildings and
uses consistent with the zone. This increased density is evaluated in the associated
environmental analysis.
2. The subject property is suitable for the uses permitted in the proposed
zone, in terms of access, size of parcel, relationship to similar or related
uses, and other considerations deemed relevant by the commission and
council.
The application proposes six lots each of which are conforming to the minimum size
and dimensional requirements for the M-2 zone. The area in which the parcels are
located is a zone in which industrial uses are permitted and current development
patterns are already emerging that are consistent with the uses permitted in the M-2
zone. Therefore, the property and the proposed parcels are suitable for the uses
permitted in the proposed zone.
3. The proposed change of zone is necessary and proper at this time, and is
not likely to be detrimental to the adjacent property or residents.
The change of zone request allows consistency in development patterns and proposed
uses that are similar to those in adjacent parcels with the M-2 zone. The parcels are
currently undeveloped and by making the change of zone at this time, future
development patterns should emerge that are complementary and consistent with one
another. There are no residential zones in the vicinity of these parcels. For these
reasons, The change of zone is necessary and proper at this time and poses no
detrimental impact on adjacent properties.
28
I
3
Planning Commission Resolution No. 6231 September 28, 2011
Case 5.1209 CZ TPM 3568130 Acre Parcel on 19"
Avenue Page 3 of 4
e
6
Section 3: Pursuant to Municipal Code Chapter 9.64 (Maps) and the State of
California Subdivision Map Act Section 66474, the Planning Commission
finds as follows:
s
The following findings are required pursuant to Section 66474 of the State of California
Subdivision Map Act.
i a. The proposed Tentative Parcel Map is consistent with all applicable
1 general and specific plans.
The proposed project is consistent with the General Plan designation of Industrial land
use which allows a maximum density of a5 FAR(Floor area ratio)per lot.
b. The design and improvements of the proposed Tentative Tract Map
are consistent with the zone in which the property is located.
i
j 'Fhe proposed lots meet or exceed the development standards for the zone in terms of
minimum area, dimensional requirements, and access to a designated public roadway.
The proposed subdivision is consistent with the development standards for the zone in
which They are located.
i
C. The site is physically suited for this type of development.
The project site is generally flat, gently sloping native desert without major
topographical features or challenges. Manufacturing and industrial uses are already
developed in the vicinity of the project site. Drainage issues, if any, will be addressed
as a condition of approval. Roadways are proposed that meet or exceed the minimum
standards set forth by the City's Public Works Department. The site is immediately
adjacent to major and secondary thoroughfares that, upon final build out would be
conducive for carrying traffic to future industrial uses on the site. Therefore, the site is
indeed suitable for this type of development.
d. The site is physically suited for the proposed density of
development.
The lots proposed to be created exceed the minimum lot size for the zone and are
adequate in physical condition to allow 0.5 FAR as the allowable maximum density
outlined in the General Plan. The lots are generally flat and lack any challenging
topography or other physical barriers to development. Therefore the project site is
physically suited for the proposed density of development.
e. The design of the subdivision is not likely to cause environmental
damage or substantially and avoidably injure fish, wildlife, or their habitats.
An environmental study has been performed on the project and through that analysis it
29
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Planning Commission Resolution No.6231 September 28, 2011
Case 5.1209 CZ TPM 3568130 Acre Parcel on 1 r Avenue Page 4 of 4
has been determined that the project is not likely to cause environmental damage or
s substantially and avoidably injure fish, wildlife, or their habitats.
f. The design of the subdivision or type of improvements is not likely
to cause serious public health problems.
All typical or routine municipal services will be required for any future develop that is
anddpated. Proposed roadway access, widths, 'and other characteristics are consistent
with the City's development standards and regulatory guidelines for this type of
subdivision. There are no known issues related to the design of the proposed
subdivision that would cause any adverse public health problems.
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.
a
9
There is no known public access across the subject property, therefore, the subdivision
will not conflict with easements for access through or use of the property.
I NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby recommends that the City Council approves Case 5.1209 CZ TPM
35681 a change of zone from Energy Industrial (E-1) to Manufacturing (M-2) and a
Tentative Parcel Map subdividing into six parcels a roughly 30 acre parcel north of 19th
Avenue and east of Karen Avenue, subject to the attached.conditions set forth in
i Exhibit A.
ADOPTED this 28th day of September 2011,
AYES: 5, Conrad, Vice Chair Hudson, Munger, Roberts and Chair Donenfeld
NOES: None
ABSENT: 1, Klatchko
ABSTAIN: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
r ving,
Dir oFof
Pla in Services
30
i
RESOLUTION NO. 6231
EXHIBIT A
Case 5.1209 CZ TPM 35681
A Change of Zane from E-1 to M-2 and a Tentative Parcel Map
19t' Avenue west of North Indian Canyon Drive
I
September 28, 2011
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Director of Building
and Safety, the Chief of Police, the Fire Chief or their designee, depending on which
department recommended the condition.
j Any agreements, easements or covenants required to be entered into shall be in a form
j approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Descrigtion. This approval is for the project described per Case 5.1209
CZ TPM 35681; except as modified with the approved Mitigation Monitoring
i Program and the conditions below;
i `
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped (March 26, 2009), including
site plans, tentative parcel map, and grading on file in the Planning Division
except as modified by the approved Mitigation Measures and conditions below.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply..
ADM 4. Minor Deviations. The Director of Planning or designee. may approve minor
deviations to the project description and approved plans in accordance with the
provisions of the Palm Springs Zoning Code.
ADM 5. Tentative Map. This approval is for Tentative Parcel Map 35681 located at 19th
Avenue west of North Indian Canyon Drive date stamped March 26, 2009. This
approval is subject to all applicable regulations of the Subdivision Map Act, the
Palm Springs Municipal Code, and any other applicable City Codes, ordinances
and resolutions.
ADM 6. Indemnification. The owner shall defend, indemnify, and hold harmless the City
of Palm Springs, its agents, officers, and employees from any claim, action, or
31
Resolution No.6231
September 28,2011
Conditions of Approval Page 2 of 19
Case 5.1209 CZ TPM 35681 Change of Zone and Tentative Parcel Map
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
5.1209 CZ TPM 35681. The City of Palm Springs will promptly notify the
applicant of any such claim, action, or proceeding against the City of Palm
Springs and the applicant will either undertake defense of the matter and pay
the City's associated legal costs or will advance funds to pay for defense of the
matter by the City Attorney. If the City of Palm Springs fails to promptly notify
the applicant of any such claim, action or proceeding or fails to cooperate fully in
the defense, the applicant shall not, thereafter, be responsible to defend,
indemnify, or hold harmless the City of Palm Springs. Notwithstanding the
foregoing, the City retains the right to settle or abandon the matter without the
applicant's consent but should it do so, the City shall waive the indemnification
herein, except, the City's decision to settle or abandon a matter following an
adverse judgment or failure to appeal, shall not cause a waiver of the
indemnification rights herein.
ADM 7. Time Limit on Approval. Approval of the Tentative Parcel Map (TPM) shall be
valid for a period of two (2) years from the effective date of the approval.
Extensions of time may be granted by the Planning Commission upon
demonstration of good cause.
Extensions of time may be approved pursuant to Code Section 9.63.110. Such
I extension shall be required in writing and received prior to the expiration of the
original approval.
ADM 8. Riuht to Appeal. Decisions of an administrative officer or agency of the City of
Palm Springs may be appealed in accordance with Municipal Code Chapter
2.05.00. Permits will not be issued until the appeal period has concluded.
ADM 9: Community Services District. 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
Goverment 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.
32
Resolution No.6231 September 28,2011
Conditions of Approval Page 3 of 19
Case 5.1209 CZ TPM 35681 Change of Zone and Tentative Parcel Map
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP) Local
Development Mitigation Fee (LDMF) required. All projects within the City of
Palm Springs, not within the Agua Caliente Band of Cahuilla Indians reservation
are subject to payment of the CVMSHCP LDMF prior to the issuance of
certificate of occupancy.
ENV 2. California Fish & Game Fees Required. The project is required to pay a fish and
game impact fee as defined in Section 711.4 of the California Fish and Game
Code. This CFG impact fee plus an administrative fee for filing the action with
the County Recorder shall be submitted by the applicant to the City in the form
of a money order or a cashier's check pavable to the Riverside County Clerk
prior to the final City action on the project (either Planning Commission or City
Council determination). This fee shall be submitted by the City to the County
Clerk with the Notice of Determination. Action on this application shall not be
final until such fee is paid. The project may be eligible for exemption or refund
of this fee by the California Department of Fish & Game. Applicants may apply
for a refund by the CFG at www.dfg.ca.gov for more information.
I ENV 3. Mitigation Monitoring. The mitigation measures of the environmental
assessment shall apply. The applicant shall submit a signed agreement that the
mitigation measures outlined as part of the negative declaration or EIR will be
I included in the plans prior to Planning Commission consideration of the
i environmental assessment. Mitigation measures are defined in the approved
project description.
ENV 4. Cultural Resource Survey Required. Prior to any ground disturbing activity,
including clearing and grubbing, installation of utilities, and/or any construction
related excavation, an Archaeologist qualified according to the Secretary of the
Interior's Standards and Guidelines, shall be employed to survey the area for the
presence of cultural resources identifiable on the ground surface.
ENV 5. Cultural Resource Site Monitoring. There is a possibility of buried cultural or
Native American tribal resources on the site. A Native American Monitor shall
be present during all ground-disturbing activities. (check for duplication in
engineering conditions)
ENV 6. a). A Native American Monitors) shall be present during all ground disturbing
activities including clearing and grubbing, excavation, burial of utilities, planting
of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural
Office for additional information on the use and availability of Cultural Resource
Monitors. Should buried cultural deposits be encountered, the Monitor shall
contact the Director of Planning. After consultation the Director shall have the
authority to halt destructive construction and shall notify a Qualified
Archaeologist to further investigate the site. If necessary, the Qualified
Archaeologist shall prepare a treatment plan for submission to the State Historic
33
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Resolution No.6231 September 28,2011
Conditions of Approval Page 4 of 19
Case 5.1209 CZ TPM 35681 Change of Zone and Tentative Parcel Map
i Preservation Officer and Ague Caliente Cultural Resource Coordinator for
approval.
b). Two copies of any cultural resource documentation generated in connection
with this project, including reports of investigations, record search results and
site records/updates shall be forwarded to the Tribal Planning, Building, and
Engineering Department and one copy to the City Planning Department prior
to final inspection.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a photometric
site plan showing the project's conformance with Section 93.21.00 Outdoor
Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted for
approval by the Department of Planning prior to issuance of a building permit.
Manufacturer's cut sheets of all exterior lighting on the building and in the
landscaping shall be included. If lights are proposed to be mounted on buildings,
down-lights shall be utilized. No lighting of hillsides is permitted.
PLN 2. Sign Applications Required. No signs are approved by this action. Separate
approval and permits shall be required for all signs in accordance with Zoning
Ordinance Section 93.20.00. The applicant shall submit a sign program to the
Department of Planning Services prior to the issuance of building permits.
e
PLN 3. Prior to recordation of the final subdivision map, the developer shall submit for
review and approval the following documents to the Planning Department which
shall demonstrate that the project will be developed and maintained in
accordance with the intent and purpose of the approved tentative map:
a. The document to convey title.
b. Deed restrictions, easements, covenant conditions and restrictions that are
to be recorded.
c. The approved documents shall be recorded at the same time that the
subdivision map is recorded. The documents shall contain provisions for
joint access to the proposed parcels and open space restrictions. The
approved documents shall contain a provision which provides that they may
not be terminated or substantially amended without the consent of the City
and the developer's successor-in-interest.
PLN 4. Update of Citv's Zoning Map. Upon approval of the proposed Change of Zone,
Tract Map and/or Planned Development District, the applicant shall be
responsible for costs associated with update of the City's GIS based zoning
maps.
34
Resolution No.6231 September 28,2011
Conditions of Approval Page 5 of 19
Case 5.1209 CZ TPM 35681 Change of Zone and Tentative Parcel Map
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04"Building Security Codes"
of the Palm Springs Municipal Code.
9
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
The Engineering Division recommends that if this application is approved, such approval is
! subject to the following conditions being completed in compliance with City standards and
ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer.
i
STREETS
ENG 1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
ENG 2. Submit street improvement plans prepared by a registered California civil engineer
to the Engineering Division. The plans shall be approved by the City Engineer prior
to issuance of any building permits.
ENG 3. The proposed public streets shall be designed to convey the tributary 100-year
stormwater runoff within proposed street right-of-way and public drainage
easements. Final right-of-way and/or drainage easement widths shall be
determined upon approval of a final hydraulic and hydrology study for this project.
LOT A: 19TH AVENUE
ENG 4. Dedicate the ultimate half street right-of-way of 44 feet along the entire frontage,
together with a property line - corner cut-back at the northwest and northeast
comers of the intersection of 19th Avenue and Contractor Drive, in accordance with
City of Palm Springs Standard Drawing No. 105.
ENG 5. Construct an 8 inch curb and gutter, 32 feet north of centerline along the entire
frontage, to match existing curb and gutter east of the site, with a 35 feet radius
curb return and spandrel at the northwest and northeast corners of the intersection
of 19th Avenue and Contractor Drive in accordance with City of Palm Springs
Standard Drawing No. 200 and 206.
35
Resolubon No.6231 September 28,2011
Condifions of Approval Page 6 of 19
Case 5.1209 CZ TPM 35681 Change of Zone and Tentative Parcel Map
ENG 6. Construct a 6 feet wide cross gutter across the intersection of 19th Avenue and
Contractor Drive with a flow line parallel with and located 32 feet north of the
centerline of 19th Avenue in accordance with City of Palm Springs Standard
Drawing No. 200 and 206.
ENG 7. Construct a 5 feet wide sidewalk behind the curb along the entire frontage, in
accordance with City of Palm Springs Standard Drawing No. 210.
ENG 8. Construct Type A curb ramp meeting current California State Accessibility
standards at the northeast and northwest comers of the intersection of 19th Avenue
and Contractor Drive in accordance with City of Palm Springs Standard Drawing
No. 212.
ENG 9. Construct pavement with a minimum pavement section of 3 inches asphalt concrete
pavement over 6 inches crushed miscellaneous base with a minimum subgrade of
24 inches at 95% relative compaction, or equal, from edge of proposed gutter to
centerline along the entire 19th Avenue frontage in accordance with City of Palm
Springs Standard Drawing No. 110 and 330. 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.
i
ENG 10. Install a redwood header along the new edge of pavement located along the
I centerline of 19th Avenue, as required by the City Engineer.
I
ENG 11. All required street improvements for 19th Avenue shall be completed prior to
approval of a Parcel Map, or shall be secured pursuant to a subdivision
improvement agreement approved in conjunction with the approval of the Parcel
Map.
LOT B: CONTRACTOR DRIVE & CONTRACTOR COURT(PUBLIC STREETS)
ENG 12. Dedicate the ultimate full street right-of-way of 66 feet along the entire proposed
street frontages, along with right-of-way appropriate to accommodate the two
proposed cul-de-sacs, together with property line — comer cut-backs at the
northeast and southeast comers of the intersection of Contractor Drive and
Contractor Court, in accordance with City of Palm Springs Standard Drawing No.
105.
ENG 13. Construct 6 inch curb and gutter, 25 feet from centerline along both sides of the 66
feet wide portion of the frontages of Contractor Drive and Contractor Court, with 35
feet radius curb returns and spandrels at the northeast and southeast comers of the
intersection of Contractor Drive and Contractor Court, in accordance with City of
Palm Springs Standard Drawing No. 200 and 206.
36
E
Resolution No.6231 September 28,2011
Conditions of Approval Page 7 of 19
Case 5.1209 CZ TPM 35681 Change of Zone and Tentative Parcel Map
ENG 14. Construct 6 inch curb and gutter throughout the two proposed cul-de-sacs in
accordance with City of Palm Springs Standard Drawing No. 101, modified with
R=31 feet, and City of Palm Springs Standard Drawing.No. 200. Construct both cul-
de-sacs with a minimum curb radius of 43 feet throughout the cul-de-sac bulb.
ENG 15. Construct a 6 feet wide cross gutter and spandrel across the intersection of
Contractor Drive and Contractor Court with a flow line parallel with and located 25
feet east of the centerline of Contractor Drive in accordance with City of Palm
Springs Standard Drawing No. 200 and 206.
ENG 1.6. Construct a 5 feet wide sidewalk behind the curb along the entire frontages of
Contractor Drive and Contractor Court in accordance with City of Palm Springs
Standard Drawing No. 210.
s
ENG 17. Construct Type A curb ramps meeting current California State Accessibility
standards at the northeast and southeast comers of the intersection of Contractor
Drive and Contractor Court in accordance with City of Palm Springs Standard
Drawing No. 212.
jENG 18. Construct pavement with a minimum pavement section of 3 inches asphalt concrete
pavement over 6 inches crushed miscellaneous base with a minimum subgrade of
24 inches at 95% relative compaction, or equal, within Contractor Drive and
Contractor Lane, in accordance with City of Palm Springs Standard Drawing No.
110 and 310. If an alternative pavement section is proposed, the proposed
pavement section shall be designed by a California registered Geotechnical
Engineer using "R" values from the project site and submitted to the City Engineer
for approval.
ENG 19. All required street improvements for Lot B (Contractor Drive and Contractor Court)
shall be completed prior to approval of a Parcel Map, or shall be secured pursuant
to a subdivision improvement agreement approved in conjunction with the approval
of the Parcel Map.
SANITARY SEWER
ENG 20. This project is subject to the requirements of the Mission Springs Water District
(MSWD). Upon the development of any of the six parcels, provisions for public
sanitary sewer service must be arranged for directly with MSWD. The applicant
should contact MSWD (at 760-329-6448) and determine what requirements MSWD
may have for provisions of sanitary sewer service to the property.
ENG 21. This project is subject to the requirements of the Mission Springs Water District
(MSWD), as outlined in their letter to the City of Palm Springs dated April 4, 2011.
ENG 22. Submit public sewer improvement plans prepared by a California registered civil
engineer to Mission Springs Water District (MSWD) for review and approval. All
37
Resolution No.6231 September 28,2011
Conditions of Approval Page 8 of 19
Case 5A209 CZ TPM 35681 Change of Zone and Tentative Parcel Map
bonds required by MSWD for the sewer service must_be submitted to MSWD prior
to the final design plans being signed. The plans shall be approved by MSWD prior
to approval of a Parcel Map.
.ENG 23. Construct public sewer improvements, in accordance with sewer improvement
plans approved by Mission Springs Water District (MSWD). A private sewer lateral
shall be installed to each of the six proposed parcels for future connection of the
private on-site sewer systems, to the public sewer, in accordance with the Mission
Springs Water District Master Sewer Plan, specifications, rules, laws, ordinances,
and regulations.
ENG 24. All required sewer improvements within 19th Avenue and Lot "B" shall be completed
prior to approval of a Parcel Map, or shall be secured pursuant to a subdivision
improvement agreement approved in conjunction with the approval of the Parcel
Map.
ENG 25. The applicant shall be required to connect to the MSWD public sewer system as
soon as it is available.
j GRADING
ENG 26. The property is subject to sheet flow storm runoff. Future buildings shall be flood
proofed by sufficiently elevating building pads. Proposed pad elevations shall be
established a minimum of 18 inches above the adjacent flowline of drainage swales
I or surrounding ground surface, as required by the City Engineer.
ENG 27. Submit a Rough Grading Plan prepared by a California registered civil engineer to
the Engineering Division for review and approval. A Fugitive Dust Control Plan
shall be prepared by the applicant and/or its grading contractor and submitted to the
Engineering Division for review and approval. The applicant and/or its grading
contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs
Municipal Code, and shall be required to utilize one or more "Coachella Valley Best
Available Control Measures" as identified in the Coachella Valley Fugitive Dust
Control Handbook for each fugitive dust source such that the applicable
performance standards are met. The applicant's or its contractor's Fugitive Dust
Control Plan shall be prepared by staff that has completed the South Coast Air
Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class.
The applicant and/or its grading contractor shall provide the Engineering Division
with current and valid Certificate(s) of Completion from AQMD for staff that has
completed the required training. For information on attending a Fugitive Dust
Control Class and information on the Coachella Valley Fugitive Dust Control
Handbook and related "PM10" Dust Control issues, please contact AQMD at (909)
396-3752, or at http://www.AQMD.gov. A Fugitive Dust Control Plan, in
conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be
submitted to and approved by the Engineering Division prior to approval of the
38
Resolution No.6231 September28,2011
¢ Conditions of Approval Page 9 of 19
Case 5.1209 CZ TPM 35681 Change of Zone and Tentative Parcel Map
Grading plan. The Grading Plan shall be approved by the City Engineer prior to
issuance of grading permit.
a) The first submittal of the Rough Grading Plan shall include the following
information: a copy of final approved conformed copy of Conditions of Approval;
a copy of a final approved conformed copy of the Tentative Parcel Map and/or
Site Plan; a copy of current Title Report; a copy of Soils Report; a copy of the
associated Final Hydrology Study/Report; and a copy of the associated Water
Quality Management Plan.
ENG 28. Prior to approval of a Grading Plan, the applicant shall obtain written approval to
proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal
Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the
Tribal Historic Preservation Officer or the Tribal Archaeologist at (760) 699-6800, to
determine their requirements, if any, associated with grading or other construction.
The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal
Archaeologist as early as possible. If required, it is the responsibility of the applicant
to coordinate scheduling of Tribal monitors during grading or other construction, and
to arrange payment of any required fees associated with Tribal monitoring.
i ENG 29. In accordance with an approved PM-10 Dust Control Plan, perimeter fencing shall
be installed. Fencing shall have screening that is tan in color; green screening will
not be allowed. Perimeter fencing shall be installed after issuance of Grading
{ Permit, and immediately prior to commencement of grading operations.
1
ENG 30. Perimeter fence screening shall be appropriately maintained, as required by the
City Engineer. Cuts (vents) made into the perimeter fence screening shall not be
allowed. Perimeter fencing shall be adequately anchored into the ground to resist
wind loading.
ENG 31. Within 10 days of ceasing all construction activity and when construction activities
are not scheduled to occur for at least 30 days, the disturbed areas on-site shall be
permanently stabilized, in accordance with Palm Springs Municipal Code Section
8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be
removed, as required by the City Engineer.
ENG 32. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the streets, roadways, or gutters.
ENG 33. Notice of Intent to comply with the California General Construction Stormwater
Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009) is
required for the proposed development via the California Regional Water Quality
Control Board (Phone No. (760) 346-7491). A copy of the executed letter issuing a
Waste Discharge Identification (WDID) number shall be provided to the City
Engineer prior to issuance of a grading or building permit.
39
Resolution No.6231 September 28,2011
Conditions of Approval Page 10 of 19
Case 5.1209 CZ TPM 35681 Change of Zone and Tentative Parcel Map
ENG 34. Projects causing soil disturbance of one acre or more, must comply with, and shall
prepare and implement a stormwater pollution prevention plan (SWPPP). Where
applicable, the project applicant shall .cause the approved final project-specific
WQMP to be incorporated by reference or attached to the project's SWPPP as the
Post-Construction Management Plan. A copy of the up-to-date SWPPP shall be
kept at the project site and be available for review upon request.
ENG 35. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the
applicant shall post with the City a cash bond of two thousand dollars ($2,000.00)
per disturbed acre for mitigation measures for erosion/blowsand relating to this
property and development at the time a grading permit is issued.
ENG 36. A Geotechnical/Soils Report prepared by a California registered Geotechnical
Engineer shall be required for and incorporated as an integral part of the grading
plan for the proposed development. A copy of the Geotechnical/Soils Report shall
be submitted to the Engineering Division with the first submittal of a grading plan.
ENG 37. The applicant shall provide all necessary geotechnical/soils inspections and testing
in accordance with the Geotechnical/Soils Report prepared for the project. All
backfill, compaction, and other earthwork shown on the approved grading plan shall
be certified by a California registered geotechnical or civil engineer, certifying that
I all grading was performed in accordance with the Geotechnical/Soils Report
prepared for the project. Documentation of all compaction and other soils testing
are to be provided. No certificate of occupancy will be issued until the required
certification is provided to the City Engineer.
ENG 38. In Cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project, .
applicants for grading permits involving a grading plan and involving the export of
soil will be required to present a clearance document from a Department of Food
and Agriculture representative in the form of an approved "Notification of Intent To
Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los
Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan. The
California Department of Food and Agriculture office is located at 73-710 Fred
Waring Drive, Palm Desert (Phone: 760-776-8208).
WATER QUALITY MANAGEMENT PLAN
ENG 39. This project will be required to install measures in accordance with applicable
National Pollution Discharge Elimination System (NPDES) Best Management
Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater
River Region from the Colorado River Basin Regional Water Quality Control Board
(RWQCB). The applicant is advised that installation of BMP's, including mechanical
or other means for pre-treating contaminated stormwater .and non-stormwater
runoff, will be required by regulations imposed by the RWQCB. It shall be the
applicant's responsibility to design and install appropriate BMP's, in accordance
40
Resolution No.6231 September28,2011
Conditions of Approval Page 11 of 19
Case 5.1209 CZ TPM 35681 Change of Zone and Tentative Parcel Map
with the NPDES Permit, that effectively intercept and pre-treat contaminated
stormwater and non-stormwater runoff from the project site, prior to release to the
City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City
Engineer and the RWQCB. Such measures shall be designed and installed on-site;
and provisions for perpetual maintenance of the measures shall be provided to the
satisfaction of the City Engineer, including provisions in Covenants, Conditions, and
Restrictions(CC&R's) required for the development (if any).
ENG 40. A project-specific Water Quality Management Plan (WQMP) shall be submitted to
and approved by the City Engineer prior to issuance of a grading or building permit.
The WQMP shall address the implementation of operational Best Management
Practices (BMP's) necessary to accommodate nuisance water and storm water
runoff from the site. Direct release of nuisance water to the adjacent property or
l public streets is prohibited. Construction of operational BMP's shall be incorporated
€ into the Rough Grading Plan.
I
ENG 41. Prior to issuance of any grading or building permits, the property owner shall record
a "Covenant and Agreement' with the County-Clerk Recorder or other instrument
on a standardized form to inform future property owners of the requirement to
implement the approved project-specific WQMP. Other alternative instruments for
1 requiring implementation of the approved project-specific WQMP include: requiring
the implementation of the project-specific WQMP in Property Owner Association
Conditions, Covenants and Restrictions (CC&Rs); formation of Landscape, Lighting
and Maintenance Districts, Assessment Districts or Community Service Areas
I responsible for implementing the project-specific WQMP; or equivalent. Alternative
instruments must be approved by the City Engineer prior to the issuance of any
grading or building permits.
ENG 42. Prior to City acceptance of the project, the applicant shall.
• Demonstrate that all structural BMP's have been constructed and installed in
conformance with approved plans and specifications;
• Demonstrate that applicant is prepared to implement all non-structural BMP's
included in the approved project-specific WQMP, conditions of approval, or
grading/building permit conditions; and,
• Demonstrate that an adequate number of copies of the approved project-specific
WQMP are available for the future owners/occupants.
DRAINAGE
ENG 43. All stormwater runoff passing through the site shall be accepted and conveyed
across the property in a manner acceptable to the City Engineer. For all stormwater
runoff falling on the site, on-site retention or other facilities approved by the City
41
Resolution No.6231 September 28,2011
Conditions of Approval Page 12 of 19
Case 5.1209 CZ TPM 35681 Change of Zone and Tentative Parcel Map
Engineer shall be required to contain the increased stormwater runoff generated by
the development of the property, as described in the Preliminary Hydrology Study
prepared by Pardue, Cornwell and Associates, Inc. (dated September 20, 2010),
and to determine required stormwater runoff mitigation measures for the proposed
development. The Preliminary Hydrology Study (dated September 20, 2010) shall
be referenced for design of future development within Tentative Parcel Map No.
35681; final sizing and location of on-site individual retention basins on each of six
parcels will be done as individual site plans are proposed. Final sizing and location
of earthen channels, and other specifications for construction of required on-site
storm drainage improvements shall be finalized in the final hydrology study for this
project and approved by the City Engineer. Redesign or changes to site
configuration or layout consistent with the findings of the final hydrology study may
be necessary upon review and approval of the final hydrology study.
ENG 44. Direct release of on-site nuisance water or stormwater runoff shall not be permitted
to 19th Avenue, Contractor Drive, or Contractor Court. 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 an on-site retention basin on each of the six individual parcels,
I and in only a stormwater runoff condition, pass runoff directly to the streets through
parkway or under sidewalk drains.
ENG 45. Construct on-site drainage improvements as necessary to convey the off--site
tributary 100-year stormwater runoff, as described in the Preliminary Hydrology
Study for Tentative Parcel Map No. 35681, prepared by Pardue, Cornwell and
Associates, Inca (dated September 20, 2010). The drainage channels shall be
designed to prevent flooding of upstream properties, and the drainage channels
shall be designed to ensure the developed 100-year stormwater runoff volume and
i velocity released onto 19th Avenue is equal to or less than the undeveloped 100-
year stormwater runoff volume and velocity. The hydrology study for Tentative
Parcel Map No. 35681 shall be amended to include drainage channel sizing, inlet
and outlet design, and other specifications for construction of required on-site storm
drainage improvements.
i
ENG 46. Measures to retain increased stormwater runoff on-site have been deferred for
implementation with development of each individual parcel within Tentative Parcel
Map 35681. Requirements for the construction of on-site stormwater runoff
retention improvements for each parcel shall be noticed by a statement on the
parcel map, with the following note: "For all stormwater runoff failing on each
individual parcel, on-site retention or other facilities approved by the City Engineer
shall be required to contain the increased stormwater runoff generated by
development of each individual parcel. A hydrology study shall be prepared to
determine the volume of increased stormwater runoff due to development of the
parcel, and to determine required on-site stormwater runoff mitigation measures for
the parcel. No off-site retention facility exists to contain increased stormwater runoff
42
Resolution No.6231 September 28,2011
Conditions of Approval Page 13 of 19
Case 5.1209 CZ TPM 35681 Change of Zone and Tentative Parcel Map
from development of each parcel. Construction of on-site retention facilities will be
required as a condition to develop each individual parcel."
GENERAL
!!€ ENG 47. Any utility trenches or other excavations within existing asphalt concrete pavement
of off-site streets required by the proposed development shall be backfilled and
repaired in accordance with City of Palm Springs Standard Drawing No. 115. The
developer shall be responsible for removing, grinding, paving and/or overlaying
existing asphalt concrete pavement of off-site streets as required by and at the
discretion of the City Engineer, including additional pavement repairs to pavement
repairs made by utility companies for utilities installed for the benefit of the
proposed development (i.e. Desert Water Agency, Southern California Edison,
! Southern California Gas Company,- Time Warner, Verizon, etc.). Multiple
excavations, trenches, and other street cuts within existing asphalt concrete
pavement of off-site streets required by the proposed development may require
complete grinding and asphalt concrete overlay of the affected off-site streets, at
the discretion of the City Engineer. The pavement condition of the existing off-site
streets shall be returned to a condition equal to or better than existed prior to
construction of the proposed development.
ENG 48. On phases or elements of construction following initial site grading (e.g., sewer,
storm drain, or other utility work requiring trenching) associated with this project, the
i applicant shall be responsible for coordinating the scheduled construction with the
Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal
Archaeologist. Unless the project site has previously been waived from any
requirements for Tribal monitoring, it is the applicants responsibility to notify the
Tribal Historic Preservation Officer or the Tribal Archaeologist at(760) 699-6800, for
any subsequent phases or elements of construction that might require Tribal
monitoring. If required, it is the responsibility of the applicant to coordinate
scheduling of Tribal monitors during construction, and to arrange payment of any
required fees associated with Tribal monitoring. Tribal monitoring requirements may
extend to off-site construction performed by utility companies on behalf of the
applicant (e.g. utility line extensions in off-site streets), which shall be the
responsibility of the applicant to coordinate and arrange payment of any required
fees for the utility companies.
ENG 49. All proposed utility lines shall be installed underground.
ENG 50. All existing utilities shall be shown on the improvement plans required for the
project. The existing and proposed service laterals shall be shown from the main
line to the property line.
ENG 51. 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
2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe
43
i
Resolution No.6231 September 28,2011
Conditions of Approval Page 14 of 19
Case 5.1209 CZ TPM 35681 Change of Zone and Tentadve Parcel Map
Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data
to be submitted to the City may be authorized, upon prior approval of the City
Engineer.
ENG 52. The original improvement plans prepared for the proposed development and
approved by the City Engineer shall be documented with record drawing "as-built"
information and returned to the Engineering Division prior to acceptance of the
project by the City. Any modifications or changes to approved improvement plans
shall be submitted to the City Engineer for approval prior to construction.
ENG 63. Nothing shall be constructed or planted in the comer cut-off area of any intersection
which does or will exceed the height required to maintain an appropriate sight
distance per City of Palm Springs Zoning Code Section 93.02.00, D.
ENG 54. The applicant shall contact Mission Springs Water District at (760) 329-6448 to
determine the requirements for extending water service to the project site. The
applicant may be responsible for the design and construction of off-site water line
improvements. OR payment of applicable fair-share costs of off-site water line
{
improvements constructed by others.
s
ENG 55. This property is subject to the Coachella Valley Multiple Species Habitat
I Conservation Plan Local Development Mitigation fee (CVMSHCP-LDMF). The
I
LDMF shall be paid prior to issuance of Building Permit.
j MAP
ENG 56, A Parcel Map shall be prepared by a California registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for review and
approval. A Title Report prepared for subdivision guarantee for the subject property,
the traverse closures for the existing parcels and all lots created therefrom, and
copies of record documents shall be submitted with the Parcel Map to the
Engineering Division as part of the review of the Map. The Parcel Map shall be
approved by the City Council prior to.issuance of building permits.
ENG 57. Dedicate drainage easements as necessary to convey the off-site tributary 100-year
stormwater runoff, as described in the Preliminary Hydrology Study for Tentative
Parcel Map No. 35681, prepared by Pardue, Cornwell and Associates, Inc. (dated
September 20, 2010). Final public street right-of-way and/or drainage easement
widths shall be determined upon approval of a final hydraulic and hydrology study
for this project.
ENG 58. In accordance with Government Code Section 66411.1 (b), the Tentative Parcel
Map is a subdivision of five or more parcels, and is subject to construction of all
required public improvements: Prior to approval of a Parcel Map, all required public
improvements shall be completed to the satisfaction of the City Engineer, or shall
44
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F
Resolution No.6231 September 28,2011
Conditions of Approval Page 15 of 19
Case 5.1209 CZ TPM 35681 Change of Zone and Tentative Parcel Map
be secured by a construction agreement in accordance with Government Code
Section 66462.
ENG 59. Upon approval of a parcel map, the parcel map shall be provided to the City in
G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission"
from the Riverside County Transportation and Land Management Agency." G.I.S.
digital information shall consist of the following data: California Coordinate System,
CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines,
rights-of-way, and centerlines shown as continuous lines; full map annotation
consistent with annotation shown on the map; map number; and map file name.
G.I.S. data format shall be provided on a CDROM/DVD containing the following:
ArcGIS Geodatabase, ArcView Shapefile, Arcinfo Coverage or Exchange file (e00),
DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF
(AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater)
formats. Variations of the type and format of G.I.S. digital data to be submitted to
the City may be authorized, upon prior approval of the City Engineer.
TRAFFIC
ENG 60. Submit traffic striping plans for 19t' Avenue prepared by a California registered civil
engineer, for review and approval by the City Engineer. All required traffic striping
I and signage improvements shall be completed in conjunction with required street
l improvements, to the satisfaction of the City Engineer, and prior to acceptance of
the improvements by the City.
i
I ENG 61. Install a 30 inch stop sign, street name sign, stop bar, and "STOP" legend at the
i intersection of Contractor Drive and 19th Avenue, and at the intersection of
Contractor Drive and Contractor Court, in accordance with City of Palm Springs
Standard Drawing No. 620 through 625.
ENG 62. A minimum of 48 inches of clearance for handicap accessibility shall be provided on
public sidewalks or pedestrian paths of travel within the development.
ENG 63. Construction signing, lighting and barricading shall be provided during all phases of
construction as required by City Standards or as directed by the City Engineer. As a
minimum, all construction signing, lighting and barricading shall be in accordance
with Part 6 "Temporary Traffic Control" of the California Manual on Uniform Traffic
Control Devices for Streets and Highways, dated September 26, 2006, or
subsequent editions in force at the time of construction.
ENG 64. This property is subject to the Transportation Uniform Mitigation Fee which shall be
paid prior to issuance of building permit.
FIRE DEPARTMENT CONDITIONS
45
Resolution No.6231 September 28,2011
Conditions of Approval Page 16 of 19
Case 5.1209 CZ TPM 35681 Change of Zone and Tentative Parcel Map
These conditions are subject to final plan check and review. Initial fire department
conditions have been determined on the preliminary site plan dated March 5, 2008.
FID 1 Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan shall be provided
to the fire department.This shall clearly show all access points&fire hydrants.
n
t
FID 2 Road Design: Fire apparatus access roads shall be designed and constructed as
all weather capable and able to support a fire truck weighing 73,000 pounds GVW.
(503.2.3 CFC) The minimum inside turning radius is 25 feet, with an outside radius
of 43 feet.
FID 3 Fire Department Access: Fire Department Access Roads shall be provided and
maintained in accordance with (Sections 503 CFC)
Minimum Access Road Dimensions:
FID 4 Fire apparatus access roads shall have an unobstructed width of not less than 20
feet, a greater width for private streets may be required by the City engineer to
address traffic engineering, parking, and other issues. The Palm Springs Fire
Department requirements for two-way private streets, is a minimum width of 24
feet is required for this project, unless otherwise allowed by the City engineer. No
j parking shall be allowed in either side of the roadway.
FID 5 Roads must be 30 feet wide when parking is not allowed on only one side of the
roadway.
FID 6 Roads must be 40 feet wide when parking is not restricted.
FID 7 Tum-Around Requirements: Dead-end fire apparatus access roads in excess of
150 feet in length shall be provided with approved provisions for the turning around
of fire apparatus. (503.2.4 CFC) The City of Palm Springs has two approved turn
around provisions. One is a cul-de-sac with an outside turning radius of 43 feet from
centerline. The other is a hammerhead turnaround meeting the Palm Springs
Public Works and Engineering Department standard dated 9-4-02.
FID 8 Water Systems and Hydrants: Underground water mains and fire hydrants shall
be installed, completed, tested and in service prior to the time when combusfible
materials are delivered to the construction site. (508 CFC). Installation, testing, and
inspection will meet the requirements of NFPA 24 1995 edition. Prior to final
approval of the installation, contractor shall submit a completed Contractor's
Material and Test Certificate to the Fire Department. (9-2.1 NFPA 24 1995 edition)
FID 9 Fire hydrant systems: Following Fire Department selection of hydrant locations,
plans and specifications for fire hydrant systems shall be submitted to the fire
department for review and approval prior to construction. (508.5 CFC). All fire
46
I
• Resolution No.6231 September 28,2011.
Conditions of Approval Page 17 of 19
Case 5.1209 CZ TPM 35681 Change of Zone and Tentative Parcel Map
hydrants shall be installed in accordance with Mission Springs Water District
specifications and standards. No landscape planting, walls, fences, signposts, or
aboveground utility facilities are permitted within 3 feet of fire hydrants, or in line
with hose connections.
MISSION SPRINGS WATER DISTRICT CONDITIONS:
The Project site is located within the boundaries of Mission Springs Water District(MSWD�
service area. The project is located west of Indian Canyon Drive and adjacent to 191
Avenue on the north.
Water service is available for the proposed project provided the following
conditions of service are completed:
MSW 1. The developer must comply with all the rules, laws, ordinances, and
regulations of the Mission Springs Water District at the time that the service
water application is submitted.
i
MSW 2. The developer must apply for water service and submit payment regarding
all of the District fees, charges, and deposits. Fees will be based on the
' Master Meter size i.e. (Domestic 2" - Water Connection fee $23,201.00 + 2"
meter installation fee of $2,110.00. Irrigation meter '/" — Water Connection
Fee $ 4,353.00, and meter installation fee $975.00). All fees are subject to
change due to the actual time of application for services from the District.
MSW 3. The installation of backflow prevention devices will be required.
MSW 4. Water service will be made available through the future transmission line
designed and constructed by BP for the Fueling Center along 19th Avenue.
This line will be a 12 inch transmission line. Please note there may be a
reimbursable cost to the BP Center once the applicant connects to this line.
Also note, if the BP center does not construct this line before the applicant
for PM 35681 starts construction, then said applicant will be responsible for
the construction of the 12 inch transmission line. A reimbursement
agreement can be made between the owner and MSWD for any offsite
Regional facilities that are constructed and not directly related to this project.
Water infrastructure will be required to be installed on all offsite, and adjacent
public streets with the project boundary. All MSWD standards will apply to
the construction of the infrastructure onsite and offsite. Developer Guidelines
and Procedures may be found at our web site at www.mswd.org.
MSW 5. Installation of fire line services will be required per Palm Springs Fire
Department Standards and MSWD Standards. A double check detector
assembly (DCDA)will be a requirement at the time of installation.
MSW 6. The Mission Springs Water District requires all of its facilities to be installed
within the public right-of-way. Recorded and dedicated easements (per final
47
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I
Resolution No.6231 September 28,2011
Conditions of Approval Page 18 of 19
Case 5.1209 CZ TPM 35681 Change of Zone and Tentative Parcel Map
map dedications and approvals) will also be required per final design
approval if public right-of-way does not exist.
MSW 7. The developer must submit hydraulic calculations to the District indicating the
availability of the required fire flows as determined by the Palm Springs Fire
Department.
MSW 8. The developer must comply with all the District standards and conditions and
have final approval of all design plans by the District Engineer and/or his/her
designee, and the District General Manager.
MSW 9. The developer will be required to bond all infrastructure and be required to
supply a warranty bond for the infrastructure. This warranty bond will be
released 1 year from the District's acceptance of the infrastructure.
MSW 10. Some of the infrastructure must be constructed in certain phases and in a
manner to serve the project. The phasing and approval of these facilities and
infrastructure will be at the discretion and approval of the District Engineer,
and/or General Manager.
i MSW 11. Sewer Service is currently unavailable in this area. Future service will be
provided by MSWD. Dry sewers will be required to be installed onsite and
offsite.
MSW 12. The developer must comply with all the rules, laws, ordinances, and
I regulations of The Mission Springs Water District at the time of application of
sewer service.
MSW 13. The developer must make an application for sewer service with payment of
all fees charges and deposits. (i.e. multifamily, residential - sewer connection
fee per MSWD fee schedules).
MSW 14, The developer must hook up to the sewer once it becomes available.
MSW 15. Dry sewers may be installed for the project onsite and offsite within public
streets to conform to MSWD Standards. A future interceptor will be built
along Indian Avenue to the Regional Waste Facility on 20th and Little
Morongo Rd. for future service. The future point of connection for the project
site will be on 19th to Indian Avenue.
MSW 16. The developer must comply with all the District standards and conditions and
have final approval of all design plans by the District Engineer and/or his/her
designee, and the District General Manager.
MSW 17. The developer will be required to bond all infrastructure and be required to
supply a warranty bond for the infrastructure. This warranty bond will be
released 1 year from the District's.acceptance of the infrastructure.
48
b
i
' Resolution No.6231 September 28,2011
Conditions of Approval Page 19 of 19
Case 5.1209 CZ TPM 35681 Change of Zone and Tentative Parcel Map
MSW 18. Some of the infrastructure must be constructed in certain phases and in a
manner to serve the project. The phasing and approval of these facilities and
infrastructure will be at the discretion and approval of the District Engineer,
and/or General Manager.
MSW 19. All new residential and commercial development should comply with Mission
Springs Water District's Water Efficient Landscaping Guidelines. This policy
requires outdoor water conservation practices within MSWD's service area,
specifically: (1)the creation of landscape plans featuring the use of California
native desert friendly plants; and (2) the preparation of irrigation plans
detailing water efficient irrigation technology systems (e.g., drip irrigation,
evapotranspiration irrigation controllers, etc.) appropriate to an and desert
I climate. For additional details, please contact Brent 'Gray at 329-5169, ext.
131.
jMSW 20. All bonds required for sewer and water service must be presented to the
I Mission Springs Water District before final design plans are signed.
I
I
I
I
END OF CONDITIONS
49
�o
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
CASE 5.1209 CHANGE OF ZONE AND
TENTATIVE PARCEL MAP 35681
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will
hold a public hearing at its meeting of October 19, 2011. The City Council meeting begins at
6:00 p.m., in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
The purpose of this hearing is to consider an application filed by Noble and Company, LLC
requesting a Change of Zone (CZ� from E-1 (Energy Industrial) to M-2 (Manufacturing) for
approximately 30 acres north of 19` Avenue, west of Indian Canyon Drive, and east of Karen
Avenue. The application includes a request for approval of a Tentative Parcel Map to subdivide
the site into six parcels.
ENVIRONMENTAL DETERMINATION: An environmental assessment has been prepared
under the guidelines of the California Environmental Quality Act (CEQA) and a Mitigated
Negative Declaration has been proposed. Members of the public may view this document at the
Planning Services Department, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, and
submit written comments at, or prior to, the City Council hearing.
REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents
regarding this are available for public review at City Hall between the hours of 8:00 a.m. to 11
a.m. and 2 p.m. to 6:00 p.m., Monday through Thursday. Please contact the Office of the City
Clerk at (760) 323-8204 if you would like to schedule an appointment to review these
documents.
COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the
public hearing and/or in writing before the hearing. Written comments may be made to the
Planning Commission 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 Ken Lyon, Associate Planner, at (760) 323-8245.
Si necesita ayuda con esta carta, por favor Ilame a la Ciudad de Palm Springs y puede hablar
con Nadine Fieger telefono (760) 323-8245.
mes Thompson, City Clerk
51
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Parcels
CITY OF PALM SPRINGS
CASE: 5.1209 CZ DESCRIPTION: A request by Noble & Company,
TPM 35681 LLC for a Change of Zone from Energy-Industrial
(E-1) to Manufacturing (M-2) for approximately 30
APPLICANT: Noble & acres north of 191h Avenue, west of Indian Canyon
Company, LLC Drive, and east of Karen Avenue. The application
includes a request for approval of a Tentative
Parcel Map to subdivide the site into six parcels.
52
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666320004 666320005 / 666320006
CALAHAN,MARK C WINTEC ENERGY LTD BP WEST COAST PRODUCTS
PO BOX 131 1090 N PALM CANYON DR A 6 CENTERPOINTE DR 5TH
GLENDALE,CA 91209 PALM SPRINGS,CA 92262 LA PALMA, CA 90623
666320007 666320008 666320009
WINTEC ENERGY LTD BP WEST COAST PRODUCTS WINTEC ENERGY LTD
1090 N PALM CANYON DR A 6 CENTERPOINTE DR 5TH 1090 N PALM CANYON DR A
PALM SPRINGS,CA 92262 LA PALMA,CA 90623 PALM SPRINGS,CA 92262
666320012 666320013 666320014
MARTIN,CAROLYN ELAINE NOBLE,FREDERICK W INDIGO GENERATION
PO BOX 6167 41700 CORPORATE WAY 15 WAYSIDE RD
LA QUINTA, CA 92248 PALM DESERT,CA 92260 BURLINGTON,MA 01803
666320026 666330001 666391001
WINTEC ENERGY LTD NFT,PARCEL BURR GROUP
1090 N PALM CANYON DR A PO BOX 12950 9890 CHERRY AVENUE
PALM SPRINGS,CA 92262 PALM DESERT,CA 92255 FONTANA,CA 92335
L
10
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#3j;11}!k �. PALM SPRINGS MODERN COMMITTEE
P.O. BOX 4738
PALM SPRINGS, CA 922634738
( CASE 5.1209 CZ
'-�.,� CITY OF PALM SPRINGS
t PLANNING SERVICES DEPARTMENT MRS.JOANNE BRUGGEMANS
Ill' o'_111, , ATTN SECRETARY 15.1209 CZ 506 W.SANTA CATALINA ROAD
IPJri" (I°I1 "``' PO BOX 2743 PALM SPRINGS, CA 92262
PALM SPRINGS, CA 92263-2743
MS
mi {!?l?i31&t1 ml ,( ' AGU A ALIENT PARK
I � � AGUA CALIENTE BAND OF CAHUILLA
� � Eoi INDIANS
5401 DINAH SHORE DRIVE
PALM SPRINGS, CA 92264
SOBOBA BAND OF LUISENO INDIANS LUEBBEN JOHNSON&BARNHOUSE,
LLP
a i'v ATTN:JOSEPH ONTIVEROS
T 1IlS1 IE ATTN: RICHARD C.WADE, PARALEGAL
CULTURAL RESOURCES MANAGER TH
`5. ll y...i,i3l'81t Iq � , P.O. BOX487 74244 STREET NW
SAN JACINTO, CA 92581 LOS RANCHOS DE ALBUQUERQUE, NM
87107
e E `{(�+tn,���� E° MR FRED NOBLE
}h04,s Illt� i, l` {I ° MR FRITZ NOBLE WINTEC ENERGY, LP
,,,P, °„i� +°°°10 r ,v!,ai(° °;,,,',`,?!,�o,,��'(` �3t:,u_�d...,".". NOBLE REAL ESTATE GROUP 1090 N. INDIAN CANYON DRIVE,STE.A-3
34360 GATEWAY DRIVE PALM SPRINGS,CA 92262
PALM DESERT,CA 92211
MR TOM NOBLE
NOBLE&COMPANY,LLC
P.O. BOX 12950
PALM DESERT,CA 92255
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