HomeMy WebLinkAbout22809 RESOLUTION NO. 22809
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING AN APPEAL
BY TRAVIS COMPANIES, INC. AND OVERTURNING THE
DECISION OF THE PLANNING COMMISSION TO DENY A
CONDITIONAL USE PERMIT AND VARIANCE
APPLICATION FOR THE CONSTRUCTION AND
OPERATION OF A GASOLINE SERVICE STATION
LOCATED AT 4701 EAST PALM CANYON DRIVE, CASE
NO. 5.1241 CUP & 6.521 VAR.
WHEREAS, the Travis Companies, Inc. ("Applicant") on behalf of Vons — A
Safeway Company, filed an application with the City pursuant to Section 94.02.00,
94.04.00 and 94.06.00 of the Palm Springs Zoning Code (PSZC) for a gasoline service
station with a reduced setback to residentially zoned properties for the property located
at 4701 East Palm Canyon Drive (APN: 681-170-021), Zone W-C-D-N, Section 30; and
WHEREAS, on June 23, 2010, a noticed public hearing was conducted by the
Planning Commission in accordance with applicable law; and
WHEREAS at said public hearing, the Planning Commission carefully reviewed
and considered all the evidence presented in connection with the hearing on the
project, including but not limited to the staff report, all written and oral testimony
presented and a motion to approve the project failed on a vote of 2-5; thus the Planning
Commission action was to deny Case 5.1241 CUP and 6.521 VAR; and
WHEREAS, on June 28, 2010, the Travis Companies, Inc. ("Appellant") on
behalf of Vons — A Safeway Company, filed an appeal with the City Clerk, pursuant to
Chapter 2.05 of the Municipal Code, of the Planning Commission's decision to deny the
proposed gasoline service station on the vacant parcel located at 4701 East Palm
Canyon Drive; and
WHEREAS, on July 21, 2010, a public hearing on the appeal was held by the
City Council in accordance with applicable law; and
WHEREAS, the City Council has carefully reviewed and considered all of the
evidence presented in connection with the appeal hearing on the project, including, but
not limited to the staff report and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the California Environmental Quality Act (CEQA
Guidelines), the City Council finds that Case No. 5.1241-CUP and Case No. 6.521
Variance are Categorical Exceptions under Section 15332 — in-fill developments. The
Resolution No. 22809
Page 2
City Council further finds that there are no reasonably foreseeable potentially significant
environmental impacts resulting from this project.
SECTION 2. Pursuant to PSZC Section 94.06.00 (Variance), the City Council
finds as follows:
1) Because of the special circumstances applicable to the subject
property, including size, shape, topography, location or surroundings, the
strict application of the Zoning Code would deprive subject property of
privileges enjoyed by other properties in the vicinity and under identical
zone classification.
The proposed use is within an existing neighborhood shopping
center that is located at the southeast corner of Matthew Drive and
Highway 111. The shopping center is comprised of nine individual lots,
eight of which are developed. The remaining vacant lot is seventy feet
from a residential zone. Strict application of the Zoning Code would
prohibit the development of a gasoline service station on this lot and
therefore anywhere in the center.
2) Any variance granted shall be subject to such conditions as will assure
that the adjustment thereby authorized shall not constitute a grant of
special privilege inconsistent with the limitations upon other properties in
the vicinity and zone in which subject property is situated.
A setback reduction of 105 feet to a residential zone will not
constitute a grant of special privilege. In order provide an adequate
buffer, there is approximately 150 feet from the nearest residential
property line to the fuelling area. This buffer includes Matthew Drive, a
twenty-five foot landscape area (with berming, plants, and trees) and the
kiosk building. The setback has maintained the integrity of the Zoning
Code and would not constitute a grant of special privilege that is
inconsistent with the limitations placed upon other properties in the vicinity
and zoning designation.
3) The granting of the variance will not be materially detrimental to the
pubic health, safety, convenience, or welfare or injurious to property and
improvements in the same vicinity and zone in which subject property is
situated.
The automobile service station use will be required to follow all
local, state and federal laws, including permitting, certification and on-
going maintenance. The variance to allow a reduction of setback will not
be materially detrimental to the public health, safety, convenience, or
welfare or injurious to property and improvements in the same vicinity.
Resolution No. 22809
Page 3
4) The granting of such variance will not adversely affect the general plan
of the city.
The proposed project has been analyzed against the policies of the
General Plan and no inconsistencies have been found.
SECTION 3. Pursuant to PSZC Section 94.02.00 (Conditional Use Permit), the
City Council finds as follows:
1) That the use applied for at the location set forth in the application is
properly one for which a conditional use permit is authorized by this
Zoning Code.
The site is located within the W-C-D-N (Designed Neighborhood
Shopping Center) zone. Pursuant to Section 92.10.01(D)(1) of the PSZC,
a gasoline service station is permitted with the approval of Conditional
Use Permit.
2) That the use is necessary or desirable for the development of the
community, is in harmony with the various elements or objectives of the
general plan, and is not detrimental to existing uses or to future uses
specifically permitted in the zone in which the proposed use is to be
located.
The General Plan designation of the subject site is NCC
(Neighborhood / Community Commercial). The General Plan states,
Areas designated as Neighborhood / Community
Commercial provide an opportunity for convenience
commercial uses that serve adjacent residential
neighborhoods. The commercial opportunities created
under this designation are intended to be an integrated
element of the neighborhood, providing to nearby residents
services such as dry cleaners, grocery stores, bakeries,
bank and post office branches, bookstores, drugstores, and
smaller-scale restaurants. Harmonious relationships
between these commercial uses and adjacent residential
uses shall be achieved through compatibility of site design,
building scale, pathways and circulation design, and
architectural treatment of structures.
The proposed gasoline service station will be located within an
existing neighborhood shopping center, which serves the surrounding
neighborhoods and motorists traveling on Highway 111. The design of
the proposed gasoline station includes elements of the existing shopping
center architecture and enhanced landscaping, including berming. This
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Page 4
will create harmonious relationship with adjacent residential through
integrating the designs and reducing the overall scale by landscape
berming.
3) That the site for the intended use is adequate in size and shape to
accommodate such use, including yards, setbacks, walls or fences,
landscaping, and other features required in order to adjust such use to
those existing or permitted future uses of land in the neighborhood.
The proposed gasoline service station will have four double-sided
bays — a total of eight gasoline service pumps. Based on the size of the
lot, the zoning code permits a total of seventeen gasoline service pumps.
The site also includes a 750 square foot kiosk building, paving, parking
and landscaping. Approximately forty-six percent of the site is
landscaping, which includes berming. Therefore, the subject site is
adequate in size and shape to accommodate such use to those existing or
permitted future uses of land in the neighborhood.
4) That the site for the proposed use relates to streets and highways
properly designed and improved to carry the type and quantity of traffic to
be generated by the proposed use.
The only access to the site is from within the existing shopping
center. The site plan shows fifty feet of driveway for vehicle queuing,
which will allow for safe circulation within the center and surrounding
streets.
5) That the conditions to be imposed and shown on the approved site
plan are deemed necessary to protect the public health, safety and
general welfare and may include minor modification of the zone's property
development standards.
Specific conditions of approval include operational limitations. All
proposed conditions of approval are necessary to ensure compliance with
the Zoning Ordinance requirements and to ensure the public health,
safety and welfare.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council hereby approves Case 5.1241-CUP / 6.521-VAR, for the construction of an
automobile gasoline station at 4701 East Palm Canyon Drive, subject to the attached
conditions set forth in Exhibit A.
Resolution No. 22809
Page 5
ADOPTED THIS 22ND DAY OF SEPTEMBER, 2010.
David H. Ready, y Manager
ATTEST:
mes Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 22809 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on the 22nd day of September,
2010, by the following vote:
AYES: Councilmember Mills, Councilmember Weigel, and Mayor Pro Tern
Hutcheson.
NOES: Councilmember Foat and Mayor Pougnet.
ABSENT: None.
ABSTAIN: None.
;j�sThompson, City Clerk
City of Palm Springs, California ecs�c� Zalo
Resolution No. 22809
Page 6
EXHIBIT A
Case 5.1241 CUP & 6.521 VAR
Automobile Gasoline Station
4701 East Palm Canyon Drive
September 22, 2010
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer, the Director of Planning Services, the Director of
Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on
which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
PROJECT SPECIFIC CONDITIONS
PSP 1. The applicant shall revise the project and resubmit to the Planning
Department for review by the Architectural Advisory Committee and final
approval by staff. The revisions shall focus on the following:
a. Use the basic architectural elements of the newly remodeled shopping
center in design of structure(s);
b. Canopy and Kiosk structure should be lowered;
c. Canopy and Kiosk structure should have integral design;
d. Landscaping needs to be enhanced;
e. Increase landscape area on east planter;
f. Kiosk building should not have `back of house' design on three sides.
PSP 2. The applicant shall investigate and install, if feasible, an electrical vehicle
plug-in station. Plans for the plug-in station's location shall be submitted to
the Director of Planning Services for approval prior to issuance of any
building permits.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case
5.1241 CUP & 6.521 VAR, except as modified by the conditions below.
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans including site plans, architectural
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elevations, exterior materials and colors, landscaping, and grading on file in
the Planning Division, except as modified by the conditions below.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with
the provisions of the Palm Springs Zoning Code.
ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the
City of Palm Springs, its agents, officers, and employees from any claim,
action, or proceeding against the City of Palm Springs or its agents, officers
or employees to attach, set aside, void or annul, an approval of the City of
Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case 5.1241 CUP & 6.521 VAR. The City of Palm
Springs will promptly notify the applicant of any such claim, action, or
proceeding against the City of Palm Springs and the applicant will either
undertake defense of the matter and pay the City's associated legal costs or
will advance funds to pay for defense of the matter by the City Attorney. If
the City of Palm Springs fails to promptly notify the applicant of any such
claim, action or proceeding or fails to cooperate fully in the defense, the
applicant shall not, thereafter, be responsible to defend, indemnify, or hold
harmless the City of Palm Springs. Notwithstanding the foregoing, the City
retains the right to settle or abandon the matter without the applicant's
consent but should it do so, the City shall waive the indemnification herein,
except, the City's decision to settle or abandon a matter following an adverse
judgment or failure to appeal, shall not cause a waiver of the indemnification
rights herein.
ADM 6. Maintenance and Re air. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including
and without limitation all structures, sidewalks, bikeways, parking areas,
landscape, irrigation, lighting, signs, walls, and fences between the curb and
property line, including sidewalk or bikeway easement areas that extend onto
private property, in a first class condition, free from waste and debris, and in
accordance with all applicable law, rules, ordinances and regulations of all
federal, state, and local bodies and agencies having jurisdiction at the
property owner's sole expense. This condition shall be included in the
recorded covenant agreement for the property if required by the City.
ADM 7. Time Limit on Approval. Approval of this Conditional Use Permit shall be
valid for a period of two (2) years from the effective date of the approval.
Once constructed, the Conditional Use Permit, provided the project has
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remained in compliance with all conditions of approval, does not have a time
limit.
ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00. Permits will not be issued until the appeal period has
concluded.
ADM 9. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of
the Municipal Code regarding public art. The project shall either provide
public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee
shall be based upon the total building permit valuation as calculated pursuant
to the valuation table in the Uniform Building Code, the fee being 1/2% for
commercial projects or 1/4% for residential projects with first $100,000 of total
building permit valuation for individual single-family units exempt. Should the
public art be located on the project site, said location shall be reviewed and
approved by the Director of Planning and Zoning and the Public Arts
Commission, and the property owner shall enter into a recorded agreement to
maintain the art work and protect the public rights of access and viewing.
ADM 10. Cause No Disturbance. The owner shall monitor outdoor parking areas,
walkways, and adjoining properties and shall take all necessary measures to
ensure that customers do not loiter, create noise, litter, or cause any
disturbances while on-site. The owner and operator shall ensure that at
closing time, all customers leave the property promptly and that the property
is clean and secure before the owner / operator leaves the premises. The
Police Chief, based upon complaints and/or other cause, may require on-site
security officers to ensure compliance with all City, State, and Federal laws
and conditions of approval. Failure to comply with these conditions may
result in revocation of this permit, temporary business closure or criminal
prosecution.
ADM 11. Comply with City Noise Ordinance. This use shall comply with the provisions
of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code.
Violations may result in revocation of this Conditional Use Permit.
ADM 12. Conditional Use Permit Availability. The applicant shall provide a copy of this
Conditional Use Permit to all buyers and potential buyers.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Tribal Habitat Conservation Plan (THCP). Prior to issuance of grading
permit, the applicant shall provide verification to the City that the has been
paid to the Agua Caliente Band of Cahuilla Indians in accordance with the
Tribal Habitat Conservation Plan.
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ENV 2. Notice of Exemption. The project is exempt from the California
Environmental Quality Act (CEQA); therefore, an administrative fee of $64
shall be submitted by the applicant in the form of a money order or a
cashier's check payable to the Riverside County Clerk within two business
days of the Commission's final action on the project. This fee shall be
submitted by the City to the County Clerk with the Notice of Exemption.
Action on this application shall not be considered final until such fee is paid
(projects that are Categorically Exempt from CEQA).
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. There
shall be no footcandle spill onto adjacent streets or properties from the
subject use. No lighting of hillsides is permitted.
PLN 2. Water Efficient Landscaping Conformance. The project is subject to the
Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs
Municipal Code and any state water efficiency ordinances. The applicant
shall submit a landscape and irrigation plan to the Director of Planning for
review and approval prior to the issuance of a building permit. Landscape
plans shall be wet stamped and approved by the Riverside County
Agricultural Commissioner's Office prior to submittal. Prior to submittal to the
City, landscape plans shall also be certified by the Desert Water Agency that
they are in conformance with the State Water Efficient Landscape Ordinance.
Refer to Chapter 8.60 of the Municipal Code for specific requirements.
PLN 3. Sign Applications Required. No signs are approved by this action. Separate
approval and permits shall be required for all signs in accordance with Zoning
Ordinance Section 93.20.00.
PLN 4. Flat Roof Requirements. Roof materials on flat roofs must conform to
California Title 24 thermal standards for "Cool Roofs". Such roofs must have
a minimum initial thermal emittance of 0.75 and minimum initial solar
reflectance of 0.70. Only matte (non-specular) roofing is allowed in colors
such as off-white, beige or tan. Bright white should be avoided where
possible."
PLN 5. _Maintenance of Awnings & Protections. All awnings shall be maintained and
periodically cleaned.
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PLN 6. Screen Roof-mounted Equipment. All roof mounted mechanical equipment
shall be screened per the requirements of Section 93.03.00 of the Zoning
Ordinance.
PLN 7. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be
permitted on any facade on the proposed building(s) that are visible from
adjacent streets or residential and commercial areas.
PLN 8. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 9. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 10. No off-site Parking. Vehicles associated with the operation of the proposed
development including company vehicles or employees vehicles shall not be
permitted to park off the proposed building site unless a parking management
plan has been approved.
PLN 11. Noise shall be muffled so as not to become objectionable due to
intermittence, beat frequency or shrillness, and the decibel level measured at
property lines shall not exceed street background noise normally occurring at
the site location.
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security
Codes" of the Palm Springs Municipal Code.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
STREETS
ENG 1. Any improvements within the public right-of-way require a City of Palm
Springs Encroachment Permit and/or a copy of an approved Caltrans
encroachment permit (for work on Highway 111).
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E. PALM CANYON DRIVE (STATE HIGHWAY 111)
ENG 2. All broken or off grade street improvements shall be repaired or replaced.
MATTHEW DRIVE
ENG 3. All broken or off grade street improvements shall be repaired or replaced.
ON-SITE
ENG 4. Nothing shall be constructed or planted in the corner cut-off area of any on-
site intersection or driveway which does or will exceed the height required to
maintain an appropriate sight distance in accordance with City of Palm
Springs Zoning Code Section 93.02.00, D.
ENG 5. The minimum pavement section for all on-site drive aisles and parking
spaces shall be 2'/2 inches asphalt concrete pavement over 4 inches crushed
miscellaneous base with a minimum subgrade of 24 inches at 95% relative
compaction, or equal. If an alternative pavement section is proposed, the
proposed pavement section shall be designed by a California registered
Geotechnical Engineer using "R" values from the project site and submitted
to the City Engineer for approval.
SANITARY SEWER
ENG 6. All sanitary facilities shall be connected to the public sewer system. The
existing sewer service to the property shall be used for new sanitary facilities.
New laterals shall not be connected at manholes.
GRADING
ENG 7. Submit a Precise Grading and Paving Plan prepared by a California
registered Civil engineer to the Engineering Division for review and approval.
The Precise Grading and Paving Plan shall be approved by the City Engineer
prior to issuance of grading permit.
a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its
grading contractor and submitted to the Engineering Division for review
and approval. The applicant and/or its grading contractor shall be required
to comply with Chapter 8.50 of the City of Palm Springs Municipal Code,
and shall be required to utilize one or more "Coachella Valley Best
Available Control Measures" as identified in the Coachella Valley Fugitive
Dust Control Handbook for each fugitive dust source such that the
applicable performance standards are met. The applicant's or its
contractor's Fugitive Dust Control Plan shall be prepared by staff that has
completed the South Coast Air Quality Management District (AQMD)
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Page 12
Coachella Valley Fugitive Dust Control Class. The applicant and/or its
grading contractor shall provide the Engineering Division with current and
valid Certificate(s) of Completion from AQMD for staff that have
completed the required training. For information on attending a Fugitive
Dust Control Class and information on the Coachella Valley Fugitive Dust
Control Handbook and related "PM10" Dust Control issues, please contact
AQMD at (909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust
Control Plan, in conformance with the Coachella Valley Fugitive Dust
Control Handbook, shall be submitted to and approved by the Engineering
Division prior to approval of the Precise Grading and Paving Plan.
b. The first submittal of the Precise Grading and Paving Plan shall include
the following information: a copy of final approved conformed copy of
Conditions of Approval; a copy of a final approved conformed copy of the
Site Plan; a copy of current Title Report; a copy of Soils Report; and a
copy of the project-specific Water Quality Management Plan/Report.
ENG 8. Prior to approval of the Precise Grading and Paving 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.
ENG 9. 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.
ENG 10. 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 11. 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.
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Page 13
ENG 12. Prior to issuance of grading permit, the applicant shall provide verification to
the City that the fee has been paid to the Agua Caliente Band of Cahuilla
Indians in accordance with the Tribal Habitat Conservation Plan (THCP).
ENG 13. 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 14. The applicant shall provide all necessary geotechnical/soils inspections and
testing in accordance with the Geotechnical/Soils Report prepared for the
project. All backfill, compaction, and other earthwork shown on the approved
grading plan shall be certified by a California registered geotechnical or civil
engineer, certifying that all grading was performed in accordance with the
Geotechnical/Soils Report prepared for the project. Documentation of all
compaction and other soils testing are to be provided. No certificate of
occupancy will be issued until the required certification is provided to the City
Engineer.
ENG 15. The applicant shall provide pad elevation certifications for all building pads in
conformance with the approved grading plan, to the Engineering Division
prior to construction of any building foundation.
ENG 16. 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 17. A Final Project-Specific Water Quality Management Plan (WQMP) shall be
submitted to and approved by the City Engineer prior to issuance of a grading
or building permit. The WQMP shall address the implementation of
operational Best Management Practices (BMP's) necessary to accommodate
nuisance water and storm water runoff from the site. Direct release of
nuisance water to the adjacent property or public streets is prohibited.
Construction of operational BMP's shall be incorporated into the Precise
Grading and Paving Plan.
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ENG 18. Prior to issuance of any grading or building permits, the property owner shall
record a "Covenant and Agreement" with the County-Clerk Recorder or other
instrument on a standardized form to inform future property owners of the
requirement to implement the approved Final Project-Specific WQMP. Other
alternative instruments for requiring implementation of the approved Final
Project-Specific WQMP include: requiring the implementation of the Final
Project-Specific WQMP in Commercial Shopping Center Covenants,
Conditions, and Restrictions (CC&R's); formation of Landscape, Lighting and
Maintenance Districts, Assessment Districts or Community Service Areas
responsible for implementing the Final Project-Specific WQMP; or equivalent.
Alternative instruments must be approved by the City Engineer prior to the
issuance of any grading or building permits.
ENG 19. Prior to issuance of certificate of occupancy or final City approvals, the
applicant shall: (a) demonstrate that all structural BMP's have been
constructed and installed in conformance with approved plans and
specifications; (b) demonstrate that applicant is prepared to implement all
non-structural BMP's included in the approved Final Project-Specific WQMP,
conditions of approval, or grading/building permit conditions; and (c)
demonstrate that an adequate number of copies of the approved Final
Project-Specific WQMP are available for the future owners (where
applicable).
DRAINAGE
ENG 20. The applicant shall provide a summary of existing and proposed drainage to
Caltrans District 8, as requested by letter from Caltrans dated September 1,
2009.
ENG 21. All stormwater runoff across the property shall be accepted and conveyed in
a manner acceptable to the City Engineer and released to an approved
drainage system. Stormwater runoff may not be released directly to the
adjacent streets without first intercepting and treating with approved Best
Management Practices (BMP's).
ENG 22. A portion of the property is located within a special flood hazard area (SFHA),
identified by Zone AO (Depth = 2 feet) as shown on the current Federal
Insurance Rate Map (FIRM) for the City of Palm Springs, California, Riverside
County, Community Panel Number 06065C1586G, dated August 28, 2008,
and is subject to the provisions of Chapter 8.68 et. seq. ("Flood Damage
Prevention") of the Palm Springs Municipal Code, and applicable state and
federal laws and regulations. The applicant shall comply with all applicable
local, state and federal laws and regulations associated with development
occurring within a SFHA. Note: Chapter 8.68 et. seq. ("Flood Damage
Prevention") of the Palm Springs Municipal Code only applies if a "structure"
(as defined in the Code) is proposed to be constructed within the SFHA. The
Resolution No. 22809
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applicant shall provide an exhibit of the site plan showing the limits of the
SFHA extending across the property.
ENG 23. 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 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 with the NPDES Permit, that effectively intercept and pre-treat
stormwater runoff from the project site, prior to release to the City's municipal
separate storm sewer system ("MS4"), to the satisfaction of the City Engineer
and the RWQCB. 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 24. The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is $7,522.00 per acre per
Resolution No. 15189. Fees shall be paid prior to issuance of a building
permit.
GENERAL
ENG 25. 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 26. All proposed utility lines shall be installed underground.
Resolution No. 22809
Page 16
ENG 27. The record property owner(s) shall enter into a covenant agreeing to
underground all of the existing overhead utilities required by the Municipal
Code in the future upon request of the City of Palm Springs City Engineer at
such time as deemed necessary. The covenant shall be executed and
notarized by the property owner(s) and submitted to the City Engineer prior to
issuance of a grading permit. A current title report or a copy of a current tax
bill and a copy of a vesting grant deed shall be provided to verify current
property ownership. A covenant preparation fee in effect at the time that the
covenant is submitted shall be paid by the applicant prior to issuance of any
grading or building permits.
ENG 28. 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 29. 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 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 30. The original improvement plans prepared for the proposed development and
approved by the City Engineer shall be documented with record drawing "as-
built" information and returned to the Engineering Division prior to issuance of
a final certificate of occupancy. Any modifications or changes to approved
improvement plans shall be submitted to the City Engineer for approval prior
to construction.
ENG 31. Nothing shall be constructed or planted in the corner cut-off area of any
intersection or driveway which does or will exceed the height required to
maintain an appropriate sight distance per City of Palm Springs Zoning Code
Section 93.02.00, D.
ENG 32. All proposed trees within the public right-of-way and within 10 feet of the
public sidewalk and/or curb shall have City approved deep root barriers
installed in accordance with City of Palm Springs Standard Drawing No. 904.
TRAFFIC
ENG 33. All damaged, destroyed, or modified pavement legends, traffic control
devices, signing, striping, and street lights, associated with the proposed
development shall be replaced as required by the City Engineer prior to
issuance of a Certificate of Occupancy.
Resolution No. 22809
Page 17
ENG 34. 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 35. This property is subject to the Transportation Uniform Mitigation Fee which
shall be paid prior to issuance of building permit.
FIRE DEPARTMENT CONDITIONS
FID 1. These conditions are subject to final plan check and review. Initial fire
department conditions have been determined on the site plan dated
3/1/2010. The submitted plans do not provide enough detail. Additional
requirements may be required at that time based on revisions to site plans.
FID 2. Fire Department Conditions were based on the 2007 California Fire Code.
Four complete sets of plans for private fire service mains, fire alarm, or fire
sprinkler systems must be submitted at time of the building plan submittal.
FID 3. CFC Chapter 22 Motor Fuel-Dispensing Facilities: Applicant shall adhere
to the requirements stated in Chapter 22 of the California Fire Code as they
apply to Motor Fuel-Dispensing Facilities.
FID 4. NFPA 30A Motor Fuel Dispensing Facilities and Repair Garages, 2008
Edition: Applicant shall adhere to the requirements stated in NFPA 30A as
they apply to Motor Fuel-Dispensing Facilities.
FID 5. Access During Construction (CFC 503): Access for firefighting equipment
shall be provided to the immediate job site at the start of construction and
maintained until all construction is complete. Fire apparatus access roads
shall have an unobstructed width of not less than 20 feet and an
unobstructed vertical clearance of not less than 13'6". Fire Department
access roads shall have an all weather driving surface and support a
minimum weight of 73,000 lbs.
FID 6. Buildings and Facilities (CFC 503.1.1): Approved fire apparatus access
roads shall be provided for every facility, building or portion of a building
hereafter constructed or moved into or within the jurisdiction. The fire
apparatus access road shall comply with the requirements of this section and
shall extend to within 150 feet (45 720 mm) of all portions of the facility and
all portions of the exterior walls of the first story of the building as measured
by an approved route around the exterior of the building or facility.
Resolution No. 22809
Page 18
FID 7. Premises Identification (CFC 505.1): New and existing buildings shall have
approved address numbers, building numbers or approved building
identification placed in a position that is plainly legible and visible from the
street or road fronting the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numerals or alphabet letters.
Numbers shall be a minimum of 4" high with a minimum stroke width of 0.5".
FID 8. Operational Fire Hydrant(s) (CFC 508.1, 508.5.1 & 1412.1): A new
commercial fire hydrant shall be installed within 250 feet of all combustible
construction. It shall be installed and made serviceable prior to and during
construction. No landscape planting, walls, or fencing is permitted within 3
feet of fire hydrants, except ground cover plantings.
FID 9. Fire Flow (CFC 508.3): Fire flow requirements for buildings or portions of
buildings and facilities are estimated to be 1,500 GPM. The fire flow is based
on Appendix B of the 2007 CFC.
FID 10. Fire Alarm System: Fire alarm system is required and installation shall
comply with the requirements of NFPA 72, 2002 Edition.
FID 11. Portable Fire Extinguisher (CFC 906.1): Portable fire extinguishers shall be
installed. Provide one 2-A:20-B:C portable fire extinguisher for every 75 feet
of floor or grade travel distance for normal hazards. Portable fire
extinguishers shall not be obstructed or obscured from view. Portable fire
extinguishers shall be installed so that the top I not more than 5 feet above
the floor.
FID 12. Gasoline Vapor Recovery System: Installation or modifications of Phase II
EVR and In-Station Diagnostic systems must comply with all applicable laws
and regulations including the Palm Springs Fire Department requirements,
NFPA 30A and California Code of Regulations, Title 19, Chapter 11.5,
Gasoline Vapor Control Systems.
1. The vapor unit shall be listed by the California State Fire Marshal's Office.
2. The vapor unit and all associated pieces shall be individually, or as a
whole, tested and listed by a third party testing laboratory for the intended
use in a specified manner.
3. Installation contractors must be licensed by the International Code Council
and by the vapor recovery system manufactures.
4. The vapor unit shall be located at or above grade.
5. Sources of ignition shall be located not less than 50 feet from fuel-transfer
and not less than 18 inches above tank fill openings and tops of dispenser
islands. The vapor unit shall be located not less than 10 feet from the
nearest building or lot line of a property that can be built upon.
Exception: Where distances in this requirement are unable to be met, the
following are acceptable ways to meet a minimum level of fire protection.
1. Install an approved, fire-resistant or non-combustible enclosure.*
Resolution No. 22809
Page 19
Enclosure must extend 18 inches above the equipment. Adequate
ventilation is required to prevent vapor pocketing.
2. Install an approved water-spray system. **
6. The vapor unit shall be located at least 20 feet from any dispensing
devices.
7. The vapor unit shall be protected against physical damage (via guard-
posts, guardrails, or approved fire-resistant enclosure).
8. The vapor unit shall be securely mounted on concrete, masonry or
structural steel supports (steel supports on noncombustible foundation).
9. Vents from the vapor unit must be 12 feet above ground level. Vent
outlets shall be located such that flammable vapors will not accumulate or
travel to an unsafe location or enter buildings.
10.Underground piping affected by the installation of the vapor unit shall be
tested according to the California Fire Code and the piping manufacturer's
instructions.
11.A "No Smoking" sign shall be posted at the unit.
* Non-combustible is defined in section 202 of the 2007 CFC. A simple
benchmark —enclosure material must meet ASTM 136. The entire wall must
be non-combustible, e.g. no wood framing and a non-combustible exterior. If
this option is used, plan submittal to the building department is required.
END OF CONDITIONS