HomeMy WebLinkAbout4/7/2010 - STAFF REPORTS Planning Commission Minutes
March 24, 2010
1. CONSENT CALENDAR:
M/S/C (Bill Scott/Doug Donenfeld, 6-0, 1 absent/Chair Cohen) To approve, Item 1A
(minutes of February 24, 2010) and Item 113, as part of the Consent Calendar-
IA. Minutes of February 10, 2010 and February 24, 2010.,
The minutes of February 10, 2010 were pulled from the agenda due to a lack of
quorum.
The Minutes of February 24, 2010 were approved as a part of the Consent Calendar.
1B_ Case Eng. R-OM20 - A request by William Wickwire, owner of the property
located at 333 East Valmonte Del Norte, for the vacation of the excess street
right-of-way adjacent to his property. (Project Engineer: Marcus L. Fuller,
Assistant Director of Public Works)
Approved, as a part of the Consent Calendar.
2. PUBLIC HEARINGS:
2A. Case 5.1082 AMND - PD 321 / TTM 34162 AMND (Delano) - A request by
Nexus Development (O &-M, LLC)-to amend a previously approved Planned
Development District and Tentative Tract Map, changing the density and
uses from 84 residential condominium units to 53 detached and attached
single family residential units'on an approximately 8.5 acre parcel at the
southeast corner of Avenida Caballeros and Alejo Road; Zone, RGA (8),
Section 14 (IL). (Project Planner; Ken Lyon, Associate Planner)
Ken Lyon, Associate Planner, provided background information as outlined in the staff
report dated March 24, 2010,
Vice Chair Caffery opened the public hearing:
-Rob Eres, Nexus Development, explained that due to the downturn of the economy the
condominium units with higher density are not feasible. Mr. Eres provided details on the
changes made to the project including the reduction in density, elimination of the
sidewalks, elongated driveways, the access road and the landscape median.
There being no further appearances the public hearing was closed.
Planning Commission Minutes
March 24, 2010
Commissioner Conrad commented that given the surrounding property the lower
density is fine.
Vice Chair Caffery stated his opposition to the project; because of the uninteresting site
plan, narrow streets, no sidewalks, reduced density and the "gated development".
Commissioner Scott commented that although he does not like gated communities, the
developments across the street both have gates. Fie expressed concern with the
narrow streets and parking for emergency vehicles; he spoke in favor of the density and
architecture_
Commissioner Hudson noted a preference for more sensitive treatment towards the wall
and gates, a better public benefit especially on the corner of Alejo & Caballeros and
expressed a concern with the inadequate guest and service parking.
M/S/C (Doug Donenfeld/Leslie Munger, 4-2/Vice Chair Caffery/ Doug Hudson), 1
absent/Chair Cohen) That the Planning Commission certify the previously adopted
Mitigated Negative Declaration; approve Case 5.1082 AMND PD 321 and recommend
approval of the amended PD and TTM to-the City Council, as amended:
-PLN 3. Hat Roof Requirements: Delete the off-white Color and strikeout the sentence,
"Bright white should be avoided where possible."
-PLN 6. Add the verbiage ". , visible from public adjacent streets . . ."
-ADM 20: "The applicant shall submit to the Director of Planning for his approval, the
design of the perimeter wall for- the subject project for conformance with Section 14
Specific Plan, Section 7.2.5, "Fences/Wails" on page 7-11, "No wall or fence visible
from a street-shall extend more than 25 feet horizontally without a visual break created
by an articulation and/or architectural detailing in the wall plan facing the street. Include
benches and public art on the street-side of the exterior perimeter wall."
-ENG. 18 - Condition deleted.
-ENG. 19 - Condition deleted-
-ENG. 28 - Revised " . _ within 90 days of approval
-ENG. 29 - Revised "_ _ _ within 90 days of approval . . . "
2B. Case 5.0749 CUP AMND (Space120 formerly Alternate Route) - A review of
an amendment to a previously approved Conditional Use Permit for a
cocktail lounge located at 120 South Palm Canyon Drive, Zone C8D, Section
15. (Project Planner: David A. Newell, Associate Planner)
David A. Newell, Associate Planner, provided background information as outlined in the
staff report dated March 24, 2010.
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To: Planning Commission 2i)I 1 i7 PA '
James Thompson, City Clerk i I I. 29
3200 E. Tahquitz Canyon Way i r uj ;
Palm Springs, CA 92262 GIY Y GL CR
From: Darron Dahle
952 Alejo Vista
Palm Springs, CA 92262
RE: CASE 5.1082 AMND-PD 321, TTM 34165 AMND
NEXUS DEVELOPMENT (0 & M, LLC)
SOUTHEAST CORNER OF AVENIDA CABALLEROS & ALEJO ROAD
I reside within a 400 foot radius of the Nexus site at Alejo Road and
Avenida Caballeros. I received notice of the Planning Commission Hearing and
support the proposed reduction of density and use from 84 condos to 53
individual lots. I am unable to attend the hearing, but wish for the Planning
Commission to receive my comments.
In the 4 % years that I have lived in my home, I have heard or witnessed
many auto accidents at the intersection of Alejo Road and Avenida Caballeros.
These collisions often happen during daylight hours and in spite of the
intersection having stop signs in all four directions.
I would suggest the following:
1. Entrances and exits to this site should be away from the intersection as
far as possible.
2. The corner of the property at the intersection of Alejo Road and
Caballeros should maintain maximum visibility and not block sight lines.
3. The existing street median on Avenida Caballeros to the south of Alejo
Road should be kept to help control traffic.
—i"' j �� -j 0/0
Darron Dahle Date r�
Daterrz T—/d
Additional Material
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Planning Commission Meeting
Date:
Additional Material
Item 2 —
March 18, 2010
City of Palm Springs
Planning Commission
James Thompson, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Case 5.1082 AMND — PD 321, TTM AMND 34165
Nexus Development — O&M LLC
Dear Planning Commission:
I am pleased to hear there is consideration of a lower density plan for the corner
of E Alejo and N Avenida Caballeros to 53 single homes from 84 condos.
At the time, the 84 condo plan included removal of the Avenida Caballeros
median south of the intersection- This was supposedly to accommodate
emergency equipment into and out of the then planned entrance to the Nexus
development. In reality there was plenty of room then and if the revision of the
plan-to the new 53 single homes can be arranged to allow emergency equipment
to enter without removing the median, it would be appreciated- Ironically the
developer across Caballeros was required by the city to install that median as
part of the comprehensive plan for the section back in 2003.
Also at the time the higher density plan was approved by City Council it included
public art-to be installed at the SE and SW corners with an easement from Alejo
Vista HOA for the SW corner and new landscaping paid by Nexus. Council's
approval included a promise that Alejo Vista HOA would be allowed input through
the city art commission on the selection of the artwork for the SW corner. If this
new plan requires public artwork, I ask that again Alejo Vista HOA be allowed to
provide input in the selection process-
- Thank you, 17
—
Philip W. Allen „' :', i( . i?�. ;,. ,y, i�.,
932 Alejo Vista
Palm Springs, CA 92262
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Planning Commission Staff Report z
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Date: March 24, 2010 p
Case No.: 5.1082 AMND — PD-321, TTM 34165 AMND
Application Type: Planned Development District and Tentative Tract Map Amendment
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Location: Southeast corner of Avenida Caballeros & Alejo Rd. (444 Avenida M
Caballeros & 1013 Alejo Road) C
Applicant: Nexus Development (O & M, LLC) m
Zone; PD 321 (underlying RGA(8) — Garden Apartment/Cluster Resid.) r
General Plan: So, portion: High Density Res'I (15 - 30 Dwelling Units/Acre (du/ac) O
(HDR) T
No, portion: Medium Density Res'I (6 - 15 Du/Ac) (MDR)
Specific Plan So_ portion: High Density Residential (15 to 30 du/ac) (HR) M
No. portion: Mod. Density Resid. Buffer (6 to 15 du/ac) (MBR) z
APNs: 508-060-008, 508-060-009, 508-060-031
From: Craig Ewing, AICP, Director of Planning Services
Project Planner: Ken Lyon, Associate Planner
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PROJECT DESCRIPTION —4
The application is a request by Nexus Development representing O & M, LLC, for the
approval of an amendment to a previously approved Planned Development District _
(PDD) and Tentative Tract Map (TTM). The amendment proposes reducing the density
from an 84-unit gated condominium complex that included a clubhouse and recreation
areas, to 53, single family units in a gated complex with individual yards and pools (no
common clubhouse or recreational space), on approximately 369,557 square feet (8.48)
acres at the southeast corner of Avenida Caballeros and Alejo Road in Section 14 (IL).
The project also includes a Tentative Tract Map amendment revising the map from a
single lot condominium map to a subdivision of 53 individual lots with common areas
Planning Commission Staff Report March 24,2010
Case 5.1082 AMND PDD 321 TTM 34165 'Tile Delano" Page 2 of 17
and private roadways. Both preliminary and final PDD approval is requested at this „0
time.
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RECOMMENDATION
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That the Planning Commission: Z
1. Certifies that the previously adopted Mitigated Negative Declaration is an rn
adequate environmental analysis under the California Environmental Quality
Act (CEQA) of the proposed PDD and TTM amendments.
2. Approves Case 5.1082 AMND PDD 321, an amendment to a preliminary and
final Planned Development District that proposes 53 single family units in a
gated complex with individual yards and pools (no common recreational
space), on approximately 8.48 acres, subject to conditions of approval, and rn
recommends approval by the City Council. C
3, Recommends approval by the City Council of the amendment to Tentative rn
Tract Map 34165 subject to conditions of approval. r.
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PRIOR ACTIONS WO
On January 9, 2006, the Architectural Advisory Committee (AAC) reviewed the project
and voted 7-0 recommending approval to the Planning Commission. The AAC also rn
recommended that the final landscaping design be subject to review and approval by
the Committee. z
On March 8, 2006, the project was reviewed by the Planning Commission which
approved the preliminary PDD and recommended approval of the preliminary PDD and
TTM by the City Council (by a vote of 6-0-1).
On April 19, 2006, the City Council approved the preliminary PDD and TTM subject to C7
conditions of approval. --
CA
On May 21, 2007, the Architectural Advisory Committee (AAC) reviewed the proposed
final development and construction plans and with a vote of 5-2 (Wexler, Jurasky voted
no), recommended approval of the Final PDD plans to the Planning Commission. X
On June 13, 2007 the Planning Commission voted 5-0-1 to approve the final Planned
Development District for Case 5.1082.
On March 12, 2008, the Planning Commission voted 5-0-2 to approve a one-year time
extension for the Tentative Tract Map 34165.
Planning commission Staff Report March 24, 2010
Case 5.1082 AMND PDD 321 TTM 34185 "The Delano" Page 3 of 17
On March 19, 2008, the City Council voted 4-0-1 to approve a one-year time extension
for the Tentative Tract Map 34165
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On April 22, 2009, the Planning Commission voted 5-0-1 to approve a one year time D
extension for the entitlements related to the final PDD on Case 5.1082.
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On February 22, 2010, a PDD amendment application was reviewed by the Z
Architectural Advisory Committee (AAC) which voted 7-0 to recommend restudy of the
project and recommended that the applicant: M
• Consider alternative landscape plant choices that are more durable for the
desert.
• Improve pedestrian and bicycle circulation within the development and
pedestrian connectivity to the surrounding neighborhood with more openings in
the perimeter wall for pedestrians and connection of sidewalks to these perimeter 0
openings,
• Provide better distribution and increased quantity of guest parking for guests, M
pool cleaners and other service vehicles within the development, C
• Study potential issues with solar exposure of the western facades.
• Consider greater use of permeable pavers M
• Incorporate CC&R's that restrict landscape attachment (trellises, etc) to common r
exterior walls of adjacent homes. O
On March 8, 2010, the AAC reviewed the project again. The applicant revised the 'I
landscaping and agreed to add one pedestrian gate at the emergency vehicle entrance
at the northeast corner of the project. The AAC members again noted that pavers in
lieu of the concrete driveways and more guest parking would enhance the project M
(however these points were not made a part of their recommendation to the Planning
Commission) The AAC voted 6-1 (Kleindienst opposed) to recommend approval of the Z
project to the Planning Commission as proposed.
Subsequent to the review of the project by the AAC, the applicant elected to remove all
sidewalks within the development. This change has not been reviewed by the AAC but
is analyzed in this report.
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BACKGROUND AND SETTING Cn
Planned Development District 321 (PDD 321) was approved in lieu of a change of zone
and established new development and design standards for an 84-unit gated
condominium project with a clubhouse and common recreational areas. Due to
changing market demands, the applicant is requesting approval to amend the PDD, 0
reducing the quantity, the type and mix of proposed residential units and eliminating the
common recreational amenities.
As amended, the project, still a gated community, proposes 53 dwelling units; 24 are
Planning Commission Staff Report March 24,2010
Case 5.1082 AMND PDD 321 TTM 34165 'The Delano" Page 4 of 17
single family detached dwelling units, 26 are in 13 duplex buildings (single family
attached units), and 3 dwelling units are in a tri-plex building (also single family
attached). The tentative tract map, which was originally a one-lot map for condominium I—
purposes, is being revised to propose a subdivision of 53 fee-simple lots. There will be n
one lot for each dwelling unit with common areas comprised of the interior private
roadways and guest parking areas. Each home is provided with its own small pool/spa Z
and private outdoor terrace/yard area. The PDD proposes to establish unique Z
development standards for each lot in terms of setbacks, lot coverage, lot size, etc.
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The project is located in Section 14, which is part of the reservation of the Agua 0
Caliente Band of Cahuilla Indians. The Section 14 Specific Plan, adopted in 2004
provides regulations for zoning, development standards and architectural guidelines for
all projects within the specific plan area. The ownership status of this parcel is fee
simple; thus while it is within the reservation it is no longer within tribal ownership. The
following table lists the surrounding existing land uses. 0
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Table 1: Surrounding land uses, General Plan, Zoning C
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Land Use General Plan Zoning r
North Single-Family Residential Very Low Dens Resid (2- R-1-C
4du/ac O
East Multi family residential Med Dens Resid (6-15 §14 SP: MBR
du/ac & HR
South Multi family residential High Dens Resid 15-30 §14 SP: HR _,.'
du/ac) m
West Multi family residential Med Dens & High Dens §14 SP: MBR
Resid 6-15 & 15-30 du/ac & HR Z
The project site is at the southeast corner of Alejo Road and Avenida Caballeros. To
the north is a single-family residential neighborhood with residences fronting onto both
Avenida Caballeros and Alejo Road. To the east is a single-story, multiple-family
residential development. (The project site is on the west side of Greenhouse Way, but v
does not have access.) To the south is a development of fifteen single-story
residences. To the west, across Avenida Caballeros, are two multi-family condominium �—
projects, ("Palomino" and "Alejo Vista") (/)
The aerial photo on the following page shows the project parcels and the surrounding
existing conditions.
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Planning Commission Staff Report March 24.2010
Case 5 1082 AMND PDD 321 TTM 34165 'The Delano' Page 5 of 17
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Aerial photo of Project Site
The project site is comprised of two General Plan and Section 14 Specific Plan land use
areas: The northern portion of the site is "MBR" (Medium Density Residential Buffer). rn
This area is identified as a "buffer' between the single family residential zone to the Z
north of Alejo Road. High density residential (HR) comprises roughly the south half of
the site. --I
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MBR O
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Portion of Section 14 Specific Plan Land Use Map -
Planning Commission Staff Report March 24,2010
C2Se 5.1062 AMND PDD 321 TTM 34165 'The Delano" Page 6 of 17
Both Alejo Road and Avenida Caballeros are 4-lane secondary thoroughfares on the MO
General Plan Circulation Map.
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STAFF ANALYSIS:
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General Plan/Specific Plan_ z
The project lies within the Section 14 Specific Plan (SP) which established unique
densities, development, landscape, and architectural standards for development within M
this part of the City. The parcels that comprise this project area lie upon two different
land use designations with differing densities. The project proposes 53 homes on 8.48
acres, or 6.25 du/acre. This density is within the allowable densities shown on the
General Plan and the Specific Plan which are 6 to 15 du/ac for the north half of the site
and 15 to 30 du/ac for the south half of the site.
C7
The General Plan notes that "the lower threshold figure for each category represents a m
minimum amount of development anticipated, provided that all other required conditions C
can be met..." It does not prohibit development densities lower than the lower threshold
figure. The project therefore conforms to the density limits of the Specific Plan and the M
General Plan.
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Pursuant to Section 6.1.5 and 6.1.7, the Specific Plan expressly prohibits single family 0
residences in the MBR and HD land use areas. The project proposes 24 single family „D
detached residential units and 29 single family attached units. The PDD proposes to
amend the Section 14 Specific Plan to add single family residences as a permitted use
on these specific parcels only within the MBR and HR land use areas. Section 9.1.4
"Specific Plan amendments"of the Section 14 Specific Plan provides that amendments m
to the specific plan require review and approval by the Planning Commission and City Z
Council.
--I
The project is consistent with various policies and statements of the Section 14 Specific
Plan and General Plan as follows:
Section 3.1 Vision (Page 3-4) "To facilitate travel within Section 14 to nearby �
commercial activity, most residential development will be connected to the .—
enhanced walkway/bikeway network that leads to streets of commercial activity", In
The proposed development has internal private streets with no sidewalks and the
project is constructing a portion of the class 1 bikeway along the east side of Avenida
Caballeros. Recommendations from the AAC included creating openings in the exterior
wall to promote pedestrian and bicycle movement between the development and
commercial activities in Downtown and Uptown to the west. One such opening was
added, and the back yards that front the streets also have pedestrian gates to the
street.
Section 4.1.1 (Page 4-4) Encourage medium density residential development
Planning Commission Staff Report March 24,2010
Case 5.1032 AMND PCID 321 TTM 34165 "The Delano" Page 7 of 17
along Alejo Road... ...as a buffer for existing adjacent lower intensity housing
development.
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The project proposes a mix of single family residences at a density of approximately D
6.25 du/ac, which is consistent with the MBR land use zone along Alejo Road. This
development would provide a buffer between future high density redevelopment to the Z
south of this site and the single family units to the north. (Currently the development Z
south of this site is medium density also).
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Section 4.3 Pedestrian/Bikeway/Shuttle Network (Page 4-7) "Generally following 0
the established street grid, this network would connect resort uses and attractions
and help boost Section 14's image as a recreational resort.".
The project proposes meandering sidewalks along the public street-front edges of the
development with a Class 1 bikeway along Avenida Caballeros and a Class 2 bikeway
along Alejo Road, which is consistent with the Section 14 Specific Plan. M
Section 4.4 Streetscape Concepts. (Page 4-10 & 4-11) "Meandering sidewalks <
and jogging pathways with informally spaced shade trees ... ...on Alejo Road." M
"On Avenida Caballeros, meandering pathways and a Class 9 bikeway on the r,
east side.,." Residential development primarily in heavily landscaped, walled
enclaves, with options to allow units to face the streets without a walled-in O
atmosphere," V
The meandering pathways and Class 1 bikeway on Avenida Caballeros are proposed to
have landscaping including shade trees and California Fan Palms. The entire
development is within a perimeter wall and none of the main building entries face the M
streets. However, lots that line the perimeter streets have gates into individual back Z
yards to allow those homeowners to have direct access to the public sidewalks.
Section 5.2.13 Paving Materials for Sidewalks and Crosswalks. (Page 5-42)
"Crosswalks and intersection paving should incorporate colored, patterned
concrete and/ore interlocking pavers... creating a mosaic pattern of selected
Cahuilla symbols or art forms." O
Crosswalks, guest parking areas, private roadway intersections and entry drives are
proposed with decorative interlocking pavers, The AAC recommended pervious
decorative pavers on driveways, but the developer did not implement this
recommendation. Final patterns can be generated at the time of the final landscape
submission and coordinated with the Tribal Historic Preservation Office. _
7.2.5 Fences/Walls (Page 7-11) "No wall or fence visible from a street shall 0
extend more than 25 feet horizontally without a visual break created by an —�
articulation and/or architectural detailing in the wall plane facing the street."
Perimeter walls are proposed to be galvanized sheet metal with intermittent panels of
Planning Commission Staff Report March 24,2010
Case 5.1082 AMND PDD 321 TTM 34165 "The Delano" Page 8 of 17
painted concrete block. A condition of approval is included for final review and approval
of perimeter wall designs by the AAC.
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GP CR7.1 Provide barrier-free accessibility for all handicapped residents, n
employees and visitors, including special design for rural street profiles to
accommodate ADA-required path of travel separation from vehicular lanes. Z
and Z
GP 7.12 Ensure that appropriate pedestrian facilities are provided as a
component of new development. M
The project previously conformed to these General Plan policies because it proposed ❑
sidewalks at the interior private streets. Originally, the common recreational/clubhouse
facilities required ADA-compliant path-of-travel within the development_ With the
removal of the common amenities, the California Building Code does not require
sidewalks as a path of travel for the disabled. The AAC recommended the project as ❑
shown, with sidewalks. It further recommended that the developer provide improved M
pedestrian connectivity in the site plan. The applicant has elected to remove the C
sidewalks from the project. The State Code does not require sidewalks in single family
developments, and the Commission may find that the project conforms without a M
separate path of travel. r
GP CD 14.6 Prohibit gated community entries and perimeter walls around entire C7
neighborhoods. Instead, provide privacy through design features such as
meandering streets, ample landscaping, and house placement that provides
privacy and exclusivity.
The project was approved as a gated community prior to the adoption of the current m
General Plan which incorporated this policy. Although the project is still proposed as a Z
gated community, it proposes numerous pedestrian gates and access points along both
street frontages and landscaping along the perimeter of the project site; thereby
providing a degree of connectivity with the adjacent neighborhoods.
In conclusion, staff believes the project is harmonious and generally consistent with the
Specific Plan and General Plan. ❑
Zoning and Development Standards.. vj
The development standards that apply to this project are those in the Section 14
Specific Plan Chapter 6 "Land Use Regulations and Development Standards". X
Pursuant to Section 6.3.1 and 6.3.3 the underlying provisions of the PSZC apply with
exceptions as noted. The underlying zone is RGA(8), (Garden Apartment/Cluster
Residential)
The project lies within two Specific Plan land use designations: "Medium Density
Residential Buffer" (MBR) on the north half and "High Density Residential' (HR) on the
south half of the site. The Planned Development District application was made in lieu of
Planning Commission Staff Report March 24,2010
Case 5.1082 AMND PDD 321 TTM 34165 'The Delano' Page 9 of 17
a change of zone and proposes modifications to the Section 14 and Zoning Code
development standards. A comparison of the underlying development standards UU
against the proposed standards for the amended PDD is shown in the Table below. r
Attached to this staff report as Exhibit A is a table showing the proposed development p
standards for each individual lot in the subdivision.
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Table 1: Comparison of development standards to Proposed Amended PDD 321
Zoning: Specific Plan Specific Plan Amended PDD m
RGA 8 HR: MBR: 321:
Density 5000 sf of lot area/unit Per PSZC, however Per PSZC, however 6.25 du/ac(conforms)Lot
(8du/ac) single family units single family units sizes vary between 4,567
are prohibited are Prohibited &7,724 sf. (Avg 5,683 s
Building Height 15 feet; but 24 feet if 30 feet and 2 to 3 per PSZC 20.5 feet and 2 stories at
not more than 50%of stories roughly 50%of the total
floor area is such; floor area; conforms C]
SP 6.3.1(a)Open n/a Provide a minimum All open space is provided
Space at Grade of common open at grade;(conforms). M
space at qrade
SP 6.3.1 (b) n/a Those areas of Common areas include
Access to common open internal private Streets and hCI common open space shall be sidewalks and are
space easily accessible by accessible to all residents;
all residents conforms
SP 6.3.1 (e) n/a Avoid flat planar The Architecture is O
Architectural walls and box-like modem,with rectilinear
character appearances forms and accent colors;
conforms
SP 6.3.3: open 50%minimum open Per PSZC Min.50%of site Average 61 percent of
Space space landscaped for landscaped as open space per let;
recreation&outdoor usable open space, (conforms)
living recreation& m
outdoor living7r
SP 6.3.3: n/a Min.25%open n/a Average 41 percent of Z
Landscape Open space shall be landscape area per lot;
Space landscaped conforms
Yards(PSZC Bldgs over 15 ft set Per PSZC Per PSZC Reduced setbacks as
92.02.03) back equal to the noted below per PDD
height
Front Yard 25 feet Per PSZC Per PSZC Vary between 5 ft and 23
PSZC 92.02.03 ft' per PDD
Side Yard(PSZC 10% of lot width but Per PSZC Per PSZC Vary between zero ft and
92.02.03) not less than 10 feet 10 ft;per PDD
Corner Side 20%of lot width but Per PSZC Per PSZC Vary between 3 ft and 20 Cn
Yards(PSZC not less than 20 feet ft; per PDD
92.02.03
Rear Yard(PSZC 20 feet Per PSZC Per PSZC Vary between 3 ft and 29
92,02,03) ft er PDD �]
Distance bet. 15 ft for each 10 ft of Per PSZC Per PSZC Average distance is
Bldgs(PSZC bldg height, minimum approximately 7 ft; per
02.02.03) 15 feet. PDD
Lot coverage Min. 50%of lot shall Per PSZC Per PSZC Between 22%and 47% lot
(PSZC 02,02.04 be landscaped& coverage; per PDD
irri ated.
Off-street parking 2 spaces/single Per PSZC Per PSZC 119 spaces required; 106
(PSZC 93,06.00) family residence; garage spaces provided: (2
Condos in a PDD: er dwellin unit)plus 13
Planning Commission Staff Deport March 24,2010
Case 5.1082 AMND PDD 321 TTM 34165 "The Delano" Page 10 of 17
2.25 spaces per 3 add'I provided in guest
bdrm unit parking areas; conforms
Guest Parking; 1 spare per ev,4 Per PSZC Per PSZC 14 spaces required, 18 r„
dwelling unitsprovided; conforms
Landscape Shade trees along Water efficient Water Efficient Conforms(COA to require
street edge landscape Landscape certification of
ordinance; must Ordinance;must conformance to the State
comply to state comply to state Water Efficient Landscape
ordinance ordinance Ordinance Z
SP 5.2.2 Pairs of Palms @ 60ft Water efficient Water efficient 28 ft landscape corridor
Landscape— apart, both sides of landscape landscape provided w/Class 1 rn
Avenida street ordinance ordinance bikeway and pedestrian
Caballeros(see 26 ft landscape walk provided. Shade&
fig. 5-6&5-7)) corridorw/Class 1 Cal.Fan Palm trees
bikeway and provided;(conforms)
pedestrian path,
informal shade trees
SP 5.2.6 Eft sidewalk w/shade Water efficient Water efficient Shade&Cal. Fan Palm
Landscape— trees&palms, no landscape landscape trees&6 foot wide v
Alejo(see fig 5- sidewalks immed.adj, ordinance ordinance sidewalk provided.
13) to curb conforms M
Uses permitted Single Family Resid. SFR's prohibited SFR's prohibited SFR's proposed as a
(SFR)per R-1-C permitted use on lots
standard(10,000 sf averaging 5,583 sf;per
lots) POD m
Pursuant to Section 94.03.00 (A) of the Zoning Code, a planned development district r
(PDD) may be approved in lieu of a change of zone as specified in Section 94.07.00. 0
The PDD for this project was approved in lieu of change of zone to seek relief from the
development standards of the underlying R-G-A zone. It is also submitted to amend the
Section 14 Specific Plan to add single family residential uses as a permitted use on
these specific parcels that lie within the HD and MBR land use areas. M
Preliminary and Final PDD approval requested. Z
Typically, a PDD is first submitted as a preliminary PDD for Planning Commission and
City Council approvals. After preliminary approvals the applicant usually has to develop
the project details, elevations and overall architectural scope, and is then required to
submit a Final PDD for Planning Commission approval. In this case, the applicant has
fully developed the design of the project to the level of detail usually associated with a
Final PDD. (Minor items such as perimeter wall review and site lighting can be routinely
handled separately by Staff, working with the AAC prior to issuance of building permits). ._
For this reason, staff is recommending review of both the preliminary and final PDD with Cn
this hearing.
Access X
The project proposes primary vehicular access to the public streets from a gated access _
drive off Avenida Caballeros. The access drive is provided with a turn-around to
prevent cars from backing onto Caballeros. The General Plan requires this segment of
Planning Commission Staff Report March 24.2010
Case 5,1082 AMND PDD 321 TTM 34165 'The Delano" Page 11 of 17
Caballeros to be developed with landscape medians'. The entry to the development is
in conflict with a recently installed landscape median and requires the median to be
removed to provide an adequate southbound left-turn lane on Caballeros. The City h
recommended the entry drive be located further south to align with the existing entry n
drive into the Palomino residential development to the west for better traffic movement.
This would allow some of the landscape median to be preserved while providing the Z
necessary southbound left-turn pocket in to the proposed development. This was Z
rejected by the applicant. The traffic flow can be accommodated with removal of the
median island and creation of a common center turn lane, but the aesthetic goals of the Ill
General Plan and Specific Plan will not be achieved. The Alejo Vista Homeowners 0
Association objected to elimination of the median for aesthetics and safety reasons.
The landscape median is a feature that is also required by the Section 14 Specific Plan
(Section 5.2.2). It was constructed as a condition of approval on TTM 31256 (now Alejo
Vista). The median will have to be removed to accommodate a left-turn lane into the 0
project site from southbound Avenida Caballeros. An alternative Section-14 entry m
feature would be to include public art on one or both the southwest and southeast C
comers of the intersection of Avenida Caballeros and Alejo Road. These corners are
privately owned, although the southeast corner is on the project site. Staff has included m
a draft condition of approval for the construction of this entry feature. r
Parking 0
Section 93.06.00 of the Zoning Code requires 2.25 spaces per 3 bedroom unit in a PDD
and 1 guest space for every 4 units. Thus a total of 119 spaces for the units and 14
guest spaces are required. The project proposes 2-car enclosed garages for each unit
or 106 spaces. There.are an additional 31 uncovered spaces provided throughout the m
development. Thus 133 total spaces are required and the project provides 137 spaces.
In addition to these spaces, many of the driveways in the proposed development are Z
long enough to provide additional off-street parking for guests, visitors and service
vehicles. Staff has concluded the project conforms in its parking provisions. Due to the
proposed street widths, parallel parking along the streets will be prohibited.
Policy requirement for PDD's to provide Public Benefits
In September 2008, the City Council adopted a policy requiring that PDD's provide a C7
specific "public benefit" proportionate to the nature, type and extent of the relief granted
from the development standards and requirements. Cn
The applicant is requesting relief from the following development standards of the PSZC _q
and Section 14 Specific Plan: ;U
• The addition of single family residences as a permitted use in the MBR and HR
land use zones of the Section 14 Specific Plan.
General Plan page 4-14, "As development and funding allows, the following specific street segments are
to be developed with landscaped medians in order to enhance traffic flow and create more attractive
thoroughfares... -Avenida Caballeros from Alejo Road to Ramon."
Planning Commission Staff Report March 24,2010
Case 5.1082 AMND PDO 321 TTM 34165 'The Delano" Page 12 of 17
• Reduced front, side and rear yard setbacks.
• Reduced setbacks for buildings in excess of 15 feet in height.
• Reduced minimum lot sizes for single family residences from 10,000 square feet r
to an average of 5,683 square feet. >
• Elimination of General Plan and Specific Plan-required landscape median islands
along Avenida Caballeros.
Z
The original approval did not include any proposed public benefits because it was
approved prior to the adoption of this policy. Staff believes the magnitude of relief being f'7"f
requested with this amendment is "moderate". The applicant is proposing no public 0
benefits as part of this amendment.
REQUIRED FINDINGS 0
Amendments to Planned Development Districts are processed in the same manner as Ill
the original PDD application (PSZC 94.03.00(G)). Pursuant to PSZC Section 94.03.00 C
"Planned Development Districts" findings shall be made in support of approval of the
PDD application in accordance with Section 94.02.00 (13)(6) (findings for a Conditional M
Use Permit). Those findings are listed below with Staffs analysis of the project against r-
those findings. The Section 14 Specific Plan requires amendments to be approved by
the Planning Commission and the City Council. No specific findings are noted for 0
Section 14 Specific Plan Amendments. However the Specific Plan was adopted to •D
establish zoning and development regulations for this area, and the PDD is submitted in
lieu of a change of zone. Thus, findings for the requested single family use are
incorporated herein as part of Staffs findings for the PDD. M
a. That the use applied for at the location set forth in the application is properly Z
one for which a conditional use permit is authorized by this Zoning Code;
The project proposes a development of 53 residential single family, detached and
attached dwelling units. The PDD application requests revisions in the development
standards of the Section 14 Specific Plan and the Zoning Code, including approval of v
single family residential units on these specific parcels located in the MBR and FIR land
use areas. The Zoning Code authorizes PDD's for residential uses and therefore the
request is consistent with this finding. (n
b. That the use is necessary or desirable for the development of the community,
is in harmony with the various elements or objectives of the general plan, and is X
not detrimental to existing uses or to future uses specifically permitted in the zone
in which the proposed use is to be located; 0
The PDD proposes a development of 53 residential dwelling units on approximately
8.48 acres. The project site is zoned RGA(8), the General Plan and Specific Plan both
denote residential land uses for these parcels. The proposed density of the project is
Planning Commission Staff Report March 24,2010
Case 5.1082 AMND PDD 321 TTM 34155 "The Delano" Page 13 of 17
less than the maximum permissible in the General Plan, Specific Plan and for the Zone.
Providing a variety of residential unit types in walkable distance to downtown is
desirable to invigorate and revitalize the downtown and uptown commercial areas. The r"
project is therefore in harmony with the existing and future uses specifically permitted in n
the zone proposed.
Z
c. That the site for the intended use is adequate in size and shape to Z
accommodate such use, including yards, setbacks, walls or fences, landscaping
and other features required in order to adjust such use to those existing or M
permitted future uses of land in the neighborhood;
The site is approximately 8.48 acres in size. The project proposes 53 dwelling units at a
density of approximately 6.25 du/ac, which is below the maximum allowable density for
this zone. The Specific Plan requires special landscape frontages along Avenida
Caballeros and Alejo Road, to which the project design conforms. Although the SP
prohibits single family residences (SFR's), the underlying RGA zone allows SFR's to the M
R-1-C standards (10,000 sf lots). The PDD amendment proposes to amend the SP to
allow single family residences on lots averaging 5,566 square feet on these specific C
parcels in the HD and MBR land use areas. Thus if approved, the proposed M
amendment would be consistent with this finding. r—
d. That the site for the proposed use relates to streets and highways properly 0
designed and improved to carry the type and quantity of traffic to be generated by
the proposed use.-
The project proposes primary vehicular access to the public streets from a gated access
drive off Avenida Caballeros. The access drive is provided with a turn-around to m
prevent cars from backing onto Caballeros. The General Plan requires this segment of Z
Caballeros to be developed with landscape medians to control traffic flow, enhance
safety and create an attractive streetscape. The entry to the development is in conflict
with a recently installed landscape median and requires the median to be removed to
provide an adequate southbound left-turn lane on Caballeros. The City recommended
the entry drive be located further south to align with the existing entry drive into the
Palomino residential development to the west for better traffic movement. This would 0
allow some of the landscape median to be preserved while providing the necessary left- —,
turn pocket in to the proposed development. This was rejected by the applicant. The
traffic flow can be successfully accommodated with removal of the median island but
the aesthetic goals of the General Plan and Specific Plan will not be achieved. A
condition of approval is proposed to substitute the landscape medians for Section 14
Gateway elements, which Staff believes provides an acceptable aesthetic alternative.
e, That the conditions to be imposed and shown on the approved site plan are n
deemed necessary to protect the public health, safety and general welfare and --�
may include minor modification of the zone's property development standards
A draft set of conditions of approval are proposed in the attached Exhibit B.
Planning Commission Staff Report March 24,2010
Case 5.1032 AMND PDD 321 TTM 34105 "The Deland' Page 14 of 17
Tentative Tract Mao Amendment
Additional findings are required for the proposed subdivision pursuant to Section 66474 r
of the Subdivision Map Act. These findings and a discussion of the project as it relates n
to these findings follow:
Z
a. The proposed Tentative Tract Map is consistent with all applicable general and Z
specific plans.
m
The proposed TTM is consistent with the General Plan because the General Plan and 0
Specific Plan propose medium density residential (6 to 15 du/ac) and high density
residential development (15 to 30 du/ac) on these parcels. The proposed density is
625 dwelling units per acre (du/ac). The proposed project is consistent with the Section
14 Specific Plan in that it proposes a residential use in an area designated for such a
use. The General Plan encourages residential uses in the MDR and HDR areas, 0
including single family homes in the MDR land use area. The proposed use is M
consistent with the General Plan and with the approval of the PDD, the proposed single
family uses will be consistent with the Specific Plan.
m
b. The design and improvements of the proposed Tentative Tract Map are r
consistent with the zone in which the property is located.
O
The proposed project design and improvements are generally consistent with the
Section 14 Specific Plan HR and MBR zones and the underlying R-G-A (8) zone in
which the property is located. The PDD proposes a set of development standards and
design details with smaller setbacks than would otherwise be required by the underlying
zone, however the overall density is less than the maximum allowable for the zone and M
the average lot size is greater than the minimum site area per dwelling unit of the zone. Z
The improvements proposed include single family homes which are prohibited in the
MBR and HR land use areas of the Section 14 Specific Plan, however the PDD
amendment seeks approval to amend the Section 14 Specific Plan by permitting single
family uses on these specific parcels in the MBR and HR land use areas. With the
approval of the PDD amendment, the project will be consistent with this finding.
D
c. The site is physically suited for this type of development.
The project site is flat, and is located in an area with all urban services and utilities, fA
including streets. The project proposes 53 single family residential dwelling units. It is
surrounded by similar residential uses and the General Plan and Specific Plan propose
residential uses for this site. .�
d. The site is physically suited for the proposed density of development. 0
The project proposes 53 single family dwelling units on approximately 8.48 acres or
roughly 6.25 du/ac which is less than the allowable density under the Specific Plan and
General Plan. The site abuts improved public streets with existing utilities and with either
Planning Commission Staff Report March 24,2010
Case 5.1082 AMND POD 321 TTM 34106 "The Delano" Page 15 of 17
existing or proposed right of way widths that are projected in the City's 2007 General Plan
update to operate at normal levels of service (LOS).
r
e. The design of the subdivision is not likely to cause environmental damage or A
substantially and avoidably injure fish, wildlife, or their habitats.
Z
The Initial Study prepared for the project determined that with implementation of proposed Z
mitigation measures, any environmental impacts regarding project Construction effects on
air quality, and noise will be reduced to a level that is less than significant. Ill
f. The design of the subdivision or type of improvements is not likely to cause ❑
serious public health problems.
The design of the proposed subdivision includes connections to all public utilities including
water and sewer systems. The layout of internal private streets provides access to each ❑
lot. The residential uses proposed are consistent with those uses permitted by the M
General Plan, the Specific Plan and the Zoning Code. The subdivision is proposed with
no sidewalks on the interior private streets. Pedestrians within the development would <
have to walk in the streets; however sidewalks are not required by the State Subdivision m
Map Act. Providing sidewalks would provide a separation of vehicular and pedestrian r
movement within the development.
O
g. The design of the subdivision or type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of the
property within the proposed subdivision.
There are no known public easements across the subject property; therefore the design of M
the subdivision will not conflict with easements for access through or use of the property. Z
Any utility easements can be accommodated within the project design.
ENVIRONMENTAL ASSESSMENT
A Mitigated Negative Declaration for this project was previously adopted by the City ❑
Council on April 19, 2006. Pursuant to Section 15162 of the California Environmental
Quality Act (CEQA), the preparation of further environmental assessment is not
necessary since the proposed amendment proposes a lower density project. The City
has determined that the amendment proposes no additional impacts, and actually
reduces potential impacts by proposing 31 fewer units. The project as amended could
not, therefore, result in any new,environmental impacts beyond those already identified
and assessed in the adopted mitigated negative declaration.
NOTIFICATION
A notice was mailed to all property owners within a four hundred foot radius of the
subject parcels in accordance with state law. As of the writing of this report, staff has
Planning Commission Staff Report March 24,2010
Case 5,1082 AMND PDD 321 TfM 34165 'The Delano" Page 16 of 17
not received correspondence on the subject project. Notice has also been given to the
Agua Caliente Band of Cahuilla Indians and no further reviews have been requested.
A
r
n
Ken Lyon ai A.�''ing, Al z
Associate Planner Dire of of PI In Services
f m
ATTACHMENTS I 0
1. Vicinity Map
2. Draft Resolution
3. Exhibit A - Draft Conditions of Approval
4. Exhibit B - Proposed development standards for each lot 10
5. Reduced site plans, tract map, floor plans & elevations M
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Planning Commission Staff Report March 24,2010
Case 5.1082 AMND POD 321 TTM 34165 "The Delano' Page 17 of 17
EXHIBIT A- PDD 321 AMND; TTM 34165 AMND - LOT AREAS, SETBACKS COVERAGE
AREAS S F. TABULATED PERCENTAGES SETBACKS&YARDS r
Lot
LOT Lot Bldg Drive- Patio/ Cover- Drive- Open Land-
# Area Area pool way Walks age wayS ace sca a N'LY STY FLY WILY
1 5758 1660 360 177 1627 32% 3% _68% 34% 4 3 7 27 7
2 5560 1660 360 177 1627 33% 3% 70% 31% 4 5 6 28
3 6163 1660 360 ~ 177 1627 30% 3% 73% 38/ 4 5 7 27
4 7719 1061 360 177 1627 24/ 2% 78% 50% 23 5 6 28
5 6414 1661 360 188 1072 29% 3% 74% 49% 28 6 5 6 m
6 5882 1661 360 188 1134 31% 3% 72% 43% 28 6 5 0
7 5833 1661 360 188 684 32% 3% 72% 50% 28 6 5 4 ❑
8 5852 1661 360 188 1134 32% 3% 72% 43% 28 6 5 0
9 5809 1661 360 188 684 32% 3% 71% 50% 28 6 5 4
10 6120 1661 360 188 1072 30% 3% 73% 46% 27 6 5 0
11 6G73 1662 360 71 119$ 26°/ 1% 75% 51% 34 0 20 5
72 4953 1662 360 22?. 660 38% 4% 66°/ 41% _0 _0 21 8
13 5547 1661 3 00 263 906 35% 5% 70% 42% 0 5 21 8
14 5710 1661 360 222 Goo 337 4% 71% 49% 5 0 20 8 ❑
15 5545 1601 360 263 900 35% 5% 70% 42% 0 5 21 8
16 5708 1661 360 222 660 33% 4% 71% 49% 5 0 20 8
17 5545 1661 360 263 906 35% 5% 70% 42% 0 5 21 8 J
R
5710 1661 360 222 660 33°/ 4% 71% 49% 5' 0 20 8 7418 1661 360 263 906 26% 4% 78% 57/ 0 20 21 8
6362 1661 300 188 1015 29% 3% 74% 49% 7 29 6 0 5939 1061 360 188 1015 31% 3% 72% 46% 6 29 0 4
6981 1661 360 188 1015 31% 3% 72% 46% 7 29 5 0
23 5907 1661 360 188 1015 31°/ 3% 72% 45% 6 29 0 5
24 5950 1661 360 188 1015 31°/ 3% 72% 46% 6 29 5 0 O
25 6478 1661 360 188 1015 29% 3% 74% 50% 6 28 0 5
26 7724 1660 360 177 1627 24% 2% 79% 509% 0 24 9
27 5502 1660 360 177 1627 33% 3% 70% 31% 4 0 7 26
28 6120 1660 3G0 177 1627 30% 3% 73% 38% 0 5 7 27
29 6352 1660 300 177 1627 29% 3% 74% 40°/ 9 0 6 1 28
30 6095 1 1660 258 288 758 32% 6 73% 51°/ 16 17 5 17 m
31 5126 1 1660 258 180 743 36% 4% 680/6 46 10 20 5 11
32 5257 1 1600 258 288 758 37°/ 5% 687 44% 16 17 5 11
33 1 5281 1 1660 258 288 758 37% 5% 69% 44% 16 17 5 11
34 1 5109 1 1660 258 180 743 30% 4% 68% 44% 10 20 5 11
35 1 5998 1 1660 258 288 758 32% 5% 72% 51% 16 17 5 11
36 1 5756 1 1660 258 353 1 773 35% 6% 71% 47% 4 20 5 4
37 1 4746 1 11360 258 407 773 44% 9% 65% 35°/ 4 23 5 4
38 4567 16G0 258 353 773 44% 8% 64% 33% 4 20 5 9
39 4567 1660 258 353 773 44% 8% 64% 33% 4 20 5 9
40 4745 1660 258 407 773 44°/ 9% 65% 35% 4 2$ 5 4 ❑
41 5219 1660 258 353 773 39% 7% 68% 42% 4 20 12 9
42 6092 1660 258 288 758 �32% 5% 73% 51% 16 17 5 17 �..
43 5125 1660 258 180 743 4% 68% 45% 10 19 5 11
44 5256 1660 258 288 758 5°/ 08% 44% 16 17 5 11
45 5280 1660 258 288 758 37% 1 5°/ 69% 44% 13 20 5 11
46 5089 16G0 258 180 743 36% 4% 67% 44% 10 20 5 11 --�
47 5998 1660 258 288 758 32% 5% 72°/ 51% 16 17 12 11
48 5756 1060 258 407 773 36% 7% 71% 46°/ 4 19 5 4
49 4747 1660 258 407 773 44% 9% 65% 35% 4 23 5 4
50 4568 1660 258 407 773 45°/ 9%
64% 32% 4 19 5 9
51 4568 1660 25$ 407 773 45% 9°/ 64% 32°/ 4 19 5 9 ^
52 4765 1660 258 344 766 42°/ 7% 65% 36% 4 23 5 9
53 5221 1660 258 407 773 40% 8% 68% 41% 4 19 12 9
Avg. 5683
Ttl 301225 88004 16532 13312 50652
Department of Planning Services W N E
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-AAIIFtEA'S"RP - ANdREAS RE
—
CITY OF PALM SPRINGS
CASE : 5.1082 AMND - PD 321, TTM DESCRIPTION: An amendment to a previously approved
AMND 34165 PDD and TTM changing from 84 condo units to 53 single
family attached and detached units and amending the tract
APPLICANT: Nexus Development for map from a single lot condo map to 53 individual lots with
O & M, LLC common private streets and off-street parking located at the
southeast corner of Avenida Caballeros and Alejo Road,
Specific Plan MBR & HR, Zone RGA 8 , Section 14 (IL).
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF PALM
SPRINGS, CALIFORNIA APPROVING THE PRELIMINARY AND
FINAL PLANNED DEVELOPMENT DISTRICT AMENDMENT FOR
CASE 5.1082 AMND PDD 321, AN AMENDMENT TO A
PREVIOUSLY APPROVED PLANNED DEVELOPMENT DISTRICT,
CHANGING THE DEVELOPMENT STANDARDS, DENSITY AND
TYPE OF RESIDENTIAL UNITS AT AN APPROXIMATELY 8.5
ACRE PARCEL AT THE SOUTHEAST CORNER OF AVENIDA
CABALLEROS AND ALEJO ROAD, AND RECOMMENDING
APPROVAL BY THE CITY COUNCIL OF THE PDD AMENDMENT
AND AN AMENDMENT TO TENTATIVE TRACT MAP 34165
CHANGING THE MAP FROM A SINGLE LOT MAP FOR
CONDOMINIUM PURPOSES TO A SUBDIVISION OF 53 SINGLE
FAMILY RESIDENTIAL LOTS WITH COMMON PRIVATE STREETS
AND OFF-STREET PARKING; ZONE RGA(8), SPECIFIC PLAN
MBR AND HR, SECTION 14 (IL)fT4/R4.
WHEREAS, Nexus Development (0 & M, LLC), ("Applicant") has filed an application with the
City pursuant to Section 94.03.00(G) (Modification of Final Development Plan for a PDD) of
the Zoning Code requesting approval for an amendment to a previously approved preliminary
and final Planned Development District for a residential development on an approximately
8.5 acre parcel at the southeast corner of Avenida Caballeros and Alejo Road; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs
to consider Case 5.1082 AMND PDD 321 & TTM 34165 AMND was given in accordance
with applicable law; and
WHEREAS, on March 24, 2010, a public hearing on Case 5.1082 AMND PDD 321 & TTM
34165 AMND was held by the Planning Commission in accordance with applicable law; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) Guidelines, the
project has been determined to be a project subject to environmental analysis under CEQA;
and
WHEREAS, the original preliminary Planned Development District (Case 5.1082 PDD 321,
TTM 34165) was reviewed and approved by the Planning Commission on March 8, 2006 and
the PDD and TTM was reviewed and approved by the City Council on April 19, 2006, and
WHEREAS, the original PDD 321 was approved with 84 condominium dwelling units with
private streets and a common pool and recreation building on an approximately 8.48 acre
site at the southeast corner of Avenida Caballeros and Alejo Road, and
WHEREAS, the amendment application for PDD 321 proposes a gated community of 53
single family attached and detached residential units on individual lots and private streets on
an approximately 8,48 acre parcel, and
Planning Commission Resolution March 24, 2010
Case 5.1062 AMND PDD 321 &TTM 34165 AMND Page 2 of 7
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
City has prepared an environmental study and concluded that significant
adverse impacts may occur as a result of the project. A Mitigated Negative
Declaration for this project was previously adopted by the City Council on April
19, 2006. Pursuant to Section 15162 of the California Environmental Quality
Act (CEQA), the preparation of further environmental assessment is not
necessary since the proposed amendment proposes a lower density project.
The City has determined that the amendment proposes no additional impacts,
and actually reduces potential impacts by proposing 31 fewer units. The project
as amended could not, therefore, result in any new environmental impacts
beyond those already identified and assessed in the adopted mitigated
negative declaration.
Section 2: Pursuant to Section 94.03.00 (E) "Planned Development Districts"of the Zoning
Code, a Planned Development District (PDD) may be established in
accordance with the procedures required by Section 94.02.00 "Conditional Use
Permit". Furthermore, Section 94.03.00 (G) provides that Planned
Development Districts may be modified by following the same procedure
outlined in 94.02.00.
Findings are hereby made in support of the requested amendment to the
previously approved Planned Development District#321 as follows:
a. That the use applied for at the location set forth in the application is
properly one for which a conditional use permit is authorized by this
Zoning Code;
The project proposes a development of 53 residential single family, detached
and attached dwelling units. The PDD application requests revisions in the
development standards of the Section 14 Specific Plan and the Zoning Code,
including approval of single family residential units on these specific parcels
located in the MBR and HR land use areas. The Zoning Code authorizes
PDD's for residential uses and therefore the request is consistent with this
finding.
b. That the use is necessary or desirable for the development of the
community, is in harmony with the various elements or objectives of the
general plan, and is not detrimental to existing uses or to future uses
specifically permitted in the zone in which the proposed use is to be
Planning Commission Resolution March 24, 2010
Case 5,1082 AMND PDD 321 &TTM 34165 AMNO Page 3 of 7
located;
The PDD proposes a development of 53 residential dwelling units on
approximately 8.48 acres. The project site is zoned RGA(8), the General Plan
and Specific plan ,bath denote residential land uses for these parcels. The
proposed density of the project is less than the maximum permissible in the
General Plan, Specific Plan and for the Zone. Providing a variety of residential
unit types in walkable distance to downtown is desirable to invigorate and
revitalize the downtown and uptown commercial areas. The project is therefore
in harmony with the existing and future uses specifically permitted in the zone
proposed.
c. That the site for the intended use is adequate in size and shape to
accommodate such use, including yards, setbacks, walls or fences,
landscaping and other features required in order to adjust such use to
those existing or permitted future uses of land in the neighborhood;
The site is approximately 8.48 acres in size. The project proposes 53 dwelling
units at a density of approximately 6.25 du/ac, which is below the maximum
allowable density for this zone. The Specific Plan requires special landscape
frontages along Avenida Caballeros and Alejo Road, to which the project
design conforms. Although the SP prohibits single family residences (SFR's),
the underlying RGA zone allows SFR's to the R-1-C standards (10,000 sf lots).
The PDD amendment proposes to amend the SP to allow single family
residences on lots averaging 5,566 square feet on these specific parcels in the
HD and MBR land use areas. Thus if approved, the proposed amendment
would be consistent with this finding.
d. That the site for the proposed use relates to streets and highways
properly designed and improved to carry the type and quantity of traffic
to be generated by the proposed use;
The project proposes primary vehicular access to the public streets from a
gated access drive off Avenida Caballeros. The access drive is provided with a
turn-around to prevent cars from backing onto Caballeros. The General Plan
requires this segment of Caballeros to be developed with landscape medians to
control traffic flow, enhance safety and create an attractive streetscape. The
entry to the development is in conflict with a recently installed landscape
median and requires the median to be removed to provide an adequate
southbound left-turn lane on Caballeros. The City recommended the entry
drive be located further south to align with the existing entry drive into the
Palomino residential development to the west for better traffic movement. This
would allow some of the landscape median to be preserved while providing the
necessary left-turn pocket in to the proposed development. This was rejected
by the applicant. The traffic flow can be successfully accommodated with
Planning Commission Resolution March 24, 2010
Case 5.1082 AMND PI]D 321 &TfM 34165 AMND Page 4 of 7
removal of the median island but the aesthetic goals of the General Plan and
Specific Plan will not be achieved. A condition of approval is included to
substitute the landscape medians for Section 14 Gateway elements, which
provides an acceptable aesthetic alternative.
e, That the conditions to be imposed and shown on the approved site
plan are deemed necessary to protect the public health, safety and
general welfare and may include minor modification of the zone's
property development standards
A draft set of conditions of approval are proposed in the attached Exhibit B.
Section 3: The development standards for the individual lots in PDD 321 are hereby
revised and amended to be as shown in the attached Exhibit A
Section 4: Tentative Tract Map Amendment
Additional findings are required for the proposed subdivision pursuant to
Section 66474 of the Subdivision Map Act. These findings and a discussion of
the project as it relates to these findings follow:
a. The proposed Tentative Tract Map is consistent with all applicable
general and specific plans.
The proposed TTM is consistent with the General Plan because the General
Plan and Specific Plan propose medium density residential (6 to 15 du/ac) and
high density residential development (15 to 30 du/ac) on these parcels. The
proposed density is 6.25 dwelling units per acre (du/ac). The proposed project
is consistent with the Section 14 Specific Plan in that it proposes a residential
use in an area designated for such a use.
b_ The design and improvements of the proposed Tentative Tract Map
are consistent with the zone in which the property is located.
The proposed project design and improvements are generally consistent with
the Section 14 Specific Plan HR and MBR zones and the underlying R-G-A (8)
zone in which the property is located. The PDD proposes a set of development
standards and design details with smaller setbacks than would otherwise be
required by the underlying zone, however the overall density is less than the
maximum allowable for the zone and the average lot size is greater than the
minimum site area per dwelling unit of the zone. The improvements proposed
include single family homes which are prohibited in the MBR and HR land use
areas of the Section 14 Specific Plan, however the PDD amendment seeks
approval to amend the Section 14 Specific Plan by permitting single family uses
on these specific parcels in the MBR and HR land use areas. With the
approval of the PDD amendment, the project will be consistent with this finding.
Planning Commission Resolution March 24, 2010
Case 5.1082 AMND PDD 321 &TTM 34165 AMND Page 5 of 7
c. The site is physically suited for this type of development.
The project site is flat, and is located in an area with all urban services and
utilities, including streets. The project proposes 53 single family residential
dwelling units. It is surrounded by similar residential uses and the General Plan
and Specific Plan propose residential uses for this site.
d. The site is physically suited for the proposed density of development.
The project proposes 53 single family dwelling units on approximately 8.48 acres
or roughly 6.25 du/ac which is less than the allowable density under the Specific
Plan and General Plan. The site abuts improved public streets with existing
utilities and with either existing or proposed right of way widths that are projected
in the City's 2007 General Plan update to operate at normal levels of service
(LOS).
e. The design of the subdivision is not likely to cause environmental
damage or substantially and avoidably injure fish, wildlife, or their habitats.
The Initial Study prepared for the project determined that with implementation of
proposed mitigation measures, any environmental impacts regarding project
construction effects on air quality, and noise will be reduced to a level that is less
than significant.
f. The design of the subdivision or type of improvements is not likely to
cause serious public health problems.
The design of the proposed subdivision includes connections to all public utilities
including water and sewer systems. The layout of internal private streets
provides access to each lot. The residential uses proposed are consistent with
those uses permitted by the General Plan, the Specific Plan and the Zoning
Code. The subdivision is proposed with no sidewalks on the interior private
streets. Pedestrians within the development would have to walk in the streets;
however sidewalks are not required by the State Subdivision Map Act. Providing
sidewalks would provide a separation of vehicular and pedestrian movement
within the development.
g. The design of the subdivision or type of improvements will not conflict
with easements, acquired by the public at large, for access through or use
of the property within the proposed subdivision.
There are no known public easements across the subject property; therefore the
design of the subdivision will not conflict with easements for access through or
use of the property. Any utility easements can be accommodated within the
Planning Commission Resolution March 24, 2010
Case 5,1082 AMND PDD 321 &TTM 34165 AMND Page 6 of 7
project design.
Section 5: Pursuant to the City Council Policy dated September 17, 2008, there are no
recognized 'Public Benefits" proposed by the applicant.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Case 5.1082 AMND PDD 321 TTM 34165 AMND, as the
amended preliminary and final PDD, subject to development standards set forth in Exhibit A
and conditions set forth in Exhibit B and recommends approval by the City Council of Case
5.1082 AMND PDD 321 as the preliminary and final PDD, and recommends approval of the
amended Tentative Tract Map 34165 subject to the attached development standards and
conditions of approval.
ADOPTED this twenty-fourth day of March, 2010.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Craig A. Ewing, AICP
Director of Planning Services
Planning Commission Resolution March 24, 2010
Case 5.1082 AMND PDD 321 &TTM 34165 AMND Page 7 of 7
EXHIBIT A-- PDD 321 AMND; TTM 34165 AMND - LOT AREAS, SETBACKS AND COVERAGE
AREAS is E. TABULATED PERCENTAGES SETBACKS&YARDS
Lot Land-
LOT Lot Bldg Drive- Patio 1 Cover- Drive- Open soap
# Area Area Pool way Walks a e wa $ aoe a I N'LY S'LY E'LY W'LY
1 5758 1660 j 360 1 177 1627 32% 3% 680/. 34% 4 3 7 27
2 5560 1660 360 177 1627 33% 30A 70% 31% 4 5 6 28
3 6163 1660 360 177 1627 30% 3% 73% 38% 4 5 7 27
4 7719 1661 360 177 1627 24% 2°/ 78% 50% 23 5 6 28
5 641A 1661 360 188 1072 29% 3% 74% 49% 28 6 5 6
6 5882 1661 360 188 1134 31% 3% 72% 43% 28 6 5 0
7 5833 1561 360 788 684 32% 3% 1 72% 50% 28 6 5 4
8 5852 1661 360 168 1134 32% 3% 72% 43% 28 6 5 0
9 5809 1661 360 188 684 32% 3% 71% 60% 28 6 5 4
10 6120 1661 360 188 1072 30% 30/ 73% 1 46% 1 27 6 5 0
17 6673 1662 3G0 71 1198 26% 1% 75% 51% 34 0 20 5
12 4953 1662 360 222 660 38% 4% 66% 41% 0 0 21 8
13 5547 1661 360 263 906 35% 5% 70% 42% 0 5 21 8
14 5710 1661 360 222 660 330/. 4% 71% 49% 5 0 20 8
15 5545 1661 360 263 906 350/b 5% 70% 42% 0 5 21 8
16 5708 1651 360 222 660 33% 4% 71% 49% 5 0 20 8
17 5545 1661 360 253 906 35% 5% 70% 42% 0 5 21 8
18 5710 1661 360 222 660 33% 4% 71% 49% 5 0 20 8
19 7418 1661 360 263 906 26% 4% 76% 57% 0 20 21 8
20 6362 1661 360 188 1015 29% 3% 74% 49% 7 29 6 0
21 5939 1661 360 188 1015 31% 3/ 72% 46% 6 29 0 4
22 5987 1601 360 188 1015 31% 3% 72% 46% 7 29 5 0
23 5907 1661 360 188 1015 31% 3% 72% 45% 6 29 0 5
24 5950 1661 360 188 1015 31% 3% 72% 46% 6 29 5 0
25 6478 1661 360 168 1015 29% 3% 74% 50% 6 28 0 5
26 7724 1 1660 350 177 1527 24% 2% 79% 50% 0 24 9 26
27 5562 1660 360 177 1627 33% 3% 70% 31% 4 0 7 26
28 6120 1660 360 177 1627 30% _. -P 73% 38% 0 5 7 27
29 6352 1660 380 777 1627 29% 3% 74% 40% 9 0 6 28
30 6095 1660 258 288 758 32% 5% 73% 510/. 16 17 5 17
31 5126 7660 258 180 743 36% 4% 68% 45% 10 20 5 11
32 5257 1660 258 288 758 37% 5% 680/6 44^/ 16 17 5 11
33 5281 1660 258 288 758 37% 5% 69% 44% 16 17 5 11
34 5109 7660 258 180 743 36% 4% 68% 44% 10 20 5 11
35 5998 1660 258 288 758 32% 5% 72% 51% 16 17 5 11
36 6756 1660 258 353 773 35% 6% 71% 47% 4 20 5 4
37 4746 1660 258 407 773 44% 9% 65% 35% 4 23 5 4
38 4567 1660 258 353 773 44% 8% 64% 33% 4 20 5 9
39 4567 1660 258 353 773 44% 8% 64% 33% 4 20 5 9
E45
4745 1660 258 407 773 44% 9% 65% 35% 4 23 5 4
5219 1660 258 353 773 39% 7% 68% 42% 4 20 12 9
6092 1660 258 288 758 32% 5% 73% 51°r: 16 17 5 17
5125 1660 258 180 743 36% 4% G8% 45% 10 19 5 71
5256 1660 258 288 758 37% 5% 68% 44% 16 17 5 11
5280 166D 258 288 758 37% 5% 69% 44% 13 20 5 71
5089 1660 258 180 743 36% 4% 67/ 44% 10 20 5 11
5998 1660 258 288 758 32% 5% 72% 51% 16 17 12 11
48 5756 1660 258 1 407 773 36% 7% 71% 46% 4 19 5 4
49 4747 1660 258 1 407 773 440/6 9% 65% 35% 4 23 5 4
50 4568 7660 258 407 773 45% 9% 64% 32% 4 19 5 9
57 4568 1660 258 407 773 45% 9% 64% 32% 4 19 5 9
52 4765 1660 258 344 765 42% 7% 05% 36% 4 23 5 9
53 5221 1660 258 407 773 40% 8% T8 61F 41% 4 19 12 9
Avg. 5683
Ttl 301225 88004 16532 13312 50652
RESOLUTION NO.
EXHIBIT B
Case 5.1082 AMND PDD 321 "Delano" a subdivision of 53 single family attached and
detached residences, and TTM AMND 34165
March 24, 2010
Southeast corner of Avenida Caballeros and Alejo Road
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Director of
Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on
which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
ADM 1. Protect Description. This approval is for the project described per Case
(5.1082 AMND PDD 321 TTM AMND 34165); except as modified with the
approved Mitigation Monitoring Program and the conditions below;
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped (March 17, 2010),
including site plans, architectural elevations, exterior materials and colors,
landscaping, and grading on file in the Planning Division and TTM 34165
amended dated 3/17/10, 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 an amendment to Tentative Tract Map
34165 located at the southeast corner of Avenida Caballeros and Alejo Road,
date stamped 3/17/10. 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.
Resolution
Conditions of Approval Page 2 of 29
5-1082 AMND PDO 321,TTM AMND 34165 March 24, 2010
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 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 5.1082 AMND POD 321 TTM AMND 34165. The
City of Palm Springs will promptly notify the applicant of any such claim,
action, or proceeding against the City of Palm Springs and the applicant will
either undertake defense of the matter and pay the City's associated legal
costs or will advance funds to pay for defense of the matter by the City
Attorney- If the City of Palm Springs fails to promptly notify the applicant of
any such claim, action or proceeding or fails to cooperate fully in the defense,
the applicant shall not, thereafter, be responsible to defend, indemnify, or hold
harmless the City of Palm Springs- Notwithstanding the foregoing, the City
retains the right to settle or abandon the matter without the applicant's
consent but should it do so, the City shall waive the indemnification herein,
except, the City's decision to settle or abandon a matter following.an adverse
judgment or failure to appeal, shall not cause a waiver of the indemnification
rights herein.
ADM 7. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including
and without limitation all structures, sidewalks, bikeways, parking areas, .
landscape, irrigation, lighting, signs, walls, and fences between the curb and
property line, including sidewalk or bikeway easement areas that extend onto
private property, in a first class condition, free from waste and debris, and in
accordance with all applicable law, rules, ordinances and regulations of all
federal, state, and local bodies and agencies having jurisdiction at the
property owner's sole expense. This condition shall be included in the
recorded covenant agreement for the property if required by the City.
ADM 8. Time Limit on Approval. Approval of the (Planned Development District
(PDD) Tentative Tract Map (TTM) and Major Architectural Applications (MAJ)
shall be valid for a period of two (2) years from the effective date of the
approval. Extensions of time may be granted by the Planning Commission
upon demonstration of good cause-
Extensions of time may be approved pursuant to Code Section 9.63.110.
Such extension shall be required in writing and received prior to the expiration
of the original approval
ADM 9. Right to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2-05.00. Permits will not be issued until the appeal period has
concluded-
Resolution
Conditions of Approval Page 3 of 2g
5.1082 AMND PDD 321,TTM AMND 34165 March 24,2010
ADM 10. Public Art Fees. This project shall be subject to Chapters 224 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 114% for residential projects with first $100,000 of total
building permit valuation for individual single-family units exempt. Should the
public art be located on the project site, said location shall be reviewed and
approved by the Director of Planning and Zoning and the Public Arts
Commission, and the property owner shall enter into a recorded agreement to
maintain the art work and protect the public rights of access and viewing.
ADM 11. Park Development Fees. The developer shall dedicate land or pay a fee in
lieu of a dedication, at the option of the City. The in-lieu fee shall be
computed pursuant to Ordinance No. 1632, Section IV, by multiplying the
area of park to be dedicated by the fair market value of the land being
developed plus the cost to acquire and improve the property plus the fair
share contribution, less any credit given by the City, as may be reasonably
determined by the City based upon the formula contained in Ordinance No.
1632. In accordance with the Ordinance, the following areas or features shall
not be eligible for private park credit: golf courses, yards, court areas,
setbacks, development; edges, slopes in hillside areas (unless the area
includes a public trail) landscaped development entries, meandering streams,
land held as open space for wildlife habitat, flood retention facilities and
circulation improvements such as bicycle, hiking and equestrian trails (unless
such systems are directly linked to the City's community-wide system and
shown on the City's master plan)_
ADM 12. Community 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
Government Code Section 53311 et seq., or other appropriate statutory or
municipal authority. Developer agrees to support the formation of such
assessment district and shall waive any right to protest, provided that the
amount of such assessment shall be established through appropriate study
and shall not exceed $500 annually with a consumer price index escalator.
The district shall be formed prior to sale of any lots or a covenant agreement
shall be recorded against each parcel, permitting incorporation of the parcel in
the district.
ADM 13. Tribal Fees Required. The project is located on the reservation of the Agua
Caliente Band of Cahuilla Indians. Development fees, environmental
Resolution
Conditions of Approval Page 4 of 29
5.1082 AMND POD 321, TTM AMND 34165 March 24,2010
conservation plan fees and any other fees as required by the Tribal Council
shall be paid prior to issuance of a building permit.
ADM 14. CC&R's The applicant prior to issuance of building permits shall submit a
draft declaration of covenants, conditions and restrictions ("CC&R's") to the
Director of Planning for approval in a format to be approved by the City
Attorney. These CC&R's may be enforceable by the City, shall not be
amended without City approval, and shall require maintenance of all property
in a good condition and in accordance with all ordinances
ADM 15. CC&R's. Prior to recordation of a final Tentative Tract Map or issuance of
building permits, the applicant shall submit a draft declaration of covenants,
conditions and restrictions ("CC&R's") to the Director of Planning for approval
in a format to be approved by the City Attorney. The draft CC&R package
shall include:
a. The document to convey title
b. Deed restrictions, easements, of Covenant Conditions and Restrictions to
be recorded.
c. Provisions for joint access to the proposed parcels, and any open space
restrictions.
d. A provision, which provides that the CC&R's may not be terminated or
substantially amended without the consent of the City and the developer's
successor-in-interest.
Approved CC&R's are to be recorded following approval of the final map_
The CC&R's may be enforceable by the City, shall not be amended without
City approval, and shall require maintenance of all property in a good
condition and in accordance with all ordinances,
ADM 16. CC&R's Deposits & Fees. The applicant shall submit to the City of Palm
Springs, a deposit in the amount of $3,500, for the review of the CC&R's by
the City Attorney. A $675 filing fee shall also be,paid to the City Planning
Department for administrative review purposes.
ADM 17. Notice to Tenants. The applicant shall provide all tenants with a copy of the
Conditions of Approval for this project.
ADM 18, Removal of Green Construction Fencing. The applicantideveloper shall be
required to remove the temporary construction fencing around the perimeter
of the subject property subject to the approval of the Director of Public Works
and reinstall construction fencing in conformance with the City of Palm
Springs requirements at the commencement of construction activities.
ADM 19. Exterior Lighting Plan. An exterior lighting plan in accordance with Zoning
Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted
Resolution
Conditions of Approval Page 5 of 29
5.1082 AMND PDD 321,TTM AMND 34165 March 24,2010
for review and approval by the Director of Planning Services prior to the
issuance of building permits. Manufacturer's cut sheets of all exterior lighting
on the project and in the landscaping shall be submitted for approval prior to
issuance of a building permit. If lights are proposed to be mounted on
buildings, down-lights shall be utilized.
ADM 20. Perimeter Wall Design Review. Detailed design drawings indicating
materials, colors, height, and dimensional articulation to conform to the
Section 14 Specific Plan requirements and Mitigation Monitoring item MMX1-
9 for such walls shall be submitted to the Director of Planning Services for
review and approval by the Architectural Advisory Committee prior to
issuance of Building Permits.
ADM 21, Dust Control. Prior to issuance of a grading permit, a Fugitive Dust and
Erosion Control Plan shall be submitted and approved by the City Engineer.
Refer to Chapter 8.50 of the Municipal Code for specific requirements.
ADM 22. Grading Plan. The grading plan shall show the disposition of all cut and fill
materials. Limits of site disturbance shall be shown and all disturbed areas
shall be fully restored or landscaped.
ADM 23. Other Approvals Required. Separate architectural approval and permits shall
be required for all signs. A detailed sign program shall be submitted for
review and approval by the Planning Commission prior to issuance of building
permits.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP)
Local Development Permit Fee (LDMF). This project is exempt from
CVMSHCP LDMF fees.
ENV 2. California Fish & Game Fees Required. The project is required to pay a fish
and game impact fee as defined in Section 711.4 of the California Fish and
Game Code. This CFG impact fee plus an administrative fee for filing the
action with the County Recorder shall be submitted by the applicant to the
City in the form of a money order or a cashier's check payable to the
Riverside County Clerk prior to the final City action on the project (either
Planning Commission or City Council determination). This fee shall be
submitted by the City to the County Clerk with the Notice of Determination.
Action on this application shall not be final until such fee is paid. The project
may be eligible for exemption or refund of this fee by the California
Department of Fish & Game. Applicants may apply for a refund by the CFG
at www.dfg.ca.gov for more information.
Resolution
Conditions of Approval Page 6 of 29
5.1082 AMND PDD 321,TTM AMND 34165 March 24, 2010
ENV 3. Mitigation Monitorinq. 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 FIR
will be included in the plans prior to Planning Commission consideration of
the environmental assessment. Mitigation measures are defined in the
approved project description. 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 mitigated negative declaration
will be included in the Planning Commission consideration of the
environmental assessment. Mitigation measures are as follows:
MM III-1 To the extent feasible, the project contractor shall use the following
equipment and methods to reduce construction emissions:
A. Measures to mitigate for off-road mobile source emissions (Table 11-
3 of SCABMD CEQA Handbook):
1_ Methane-fueled pile drivers.
2. Use electricity from power poles rather than temporary diesel
or gasoline power generators.
3. Use methanol or natural gas on-site mobile equipment
instead of diesel.
4. Use propane or butane-powered on-site mobile equipment
instead of gasoline.
B. To mitigate for PM10 Emissions:
1. Grading
a. Apply non-toxic soil stabilizers according to
manufacturers' specification to all inactive
construction areas (previously graded areas inactive
for ten days or more).
b. Replace ground cover in disturbed areas as quickly
as possible.
C. Enclose, cover, water twice daily or apply non-toxic
soils binders according to manufacturers'
specifications, to exposed piles (i.e., gravel, sand,
dirt) with 5% or greater silt content.
d. Water active sites at least twice daily.
e. Suspend all excavating and grading operations when
wind speeds (as instantaneous gusts) exceed 25
mph.
f. Monitor for particulate emissions according to District-
specified procedures. Contact the District for more
information at (714) 396-3600.
2. Paved Roads
a. Sweep streets at the end of the day if visible soil
Resolution
Conditions of Approval Page 7 of 29
5.1082 AMND PDD 321,TTM AMND 34165 March 24,2010
material is carried onto adjacent public paved roads
(recommend water sweepers with reclaimed water)-
b. Install wheel washers where vehicles enter and exit
unpaved roads onto paved roads, or wash off trucks
and equipment leaving the site each trip.
3. Unpaved Roads
a. Apply water three times daily, or non-toxic soil
stabilizers according to manufacturers' specifications,
to all unpaved parking or staging areas or unpaved
road surfaces.
b. Traffic speeds on all unpaved roads to be reduced to
15 mph or less.
c_ Pave construction roads that have a traffic volume of
more than 50 daily trips by construction equipment,
150 total daily trips for all vehicles.
d. Pave all construction access roads at least 100 feet
on to the site from the main road.
e. Pave construction roads that have a daily traffic
volume of less than 50 vehicle trips.
MM III-2 The following measures from the District's Rule 403, Table 1 Best
Available Control Measures shall also be implemented. Rule 403 prohibits the
release of fugitive dust emissions from any active operation, open storage
pile, or disturbed surface area beyond the property line of the emission
source:
A. Stabilize backfill material during handling and at completion of
activity-
B. Pre-water soils prior to cut and fill activities.
C. Stabilize wind erodible surfaces to reduce dust.
D. Stabilize surface soils where support equipment and vehicles will
operate.
E. Stabilize disturbed soils throughout the construction site.
F. Pre-apply water and re-apply water as necessary to maintain soils
during earth-moving activities. Visible emissions shall not exceed
100 feet in any direction-
G. Maintain at least six feet of freeboard on haul vehicles-
H. Stabilize stockpiled soils.
Resolution
Conditions of Approval Page 8 of 29
5.1082 AMND PDD 321,TTM AMND 34165 March 24, 2010
I. Limit vehicular travel to establish unpaved roads (haul routes) and
unpaved parking lots.
The above measures shall be implemented during all grading and
construction phases of the project and enforced/monitored by the City of
Palm Springs and the SCAQMD. Implementation of these mitigation
measures would reduce construction-related emissions in accordance with
the reduction efficiencies shown in Tables 11-3 and 11-4 of the SCAQMD
CLQA Handbook_ These measures are considered adequate by the
District to reduce emissions to less than significant.
MM V-1 As there is always a possibility of buried cultural and
paleontological resources in a project area, a Native American Monitor(s)
shall be present during all round disturbing activities including clearing and
grubbing, excavation, burial of utilities, planting of rooted plants, etc. The
Agua Caliente Band of Cahuilla Indian Cultural Office shall be contacted 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 Services. Following consultation, the Director
shall have the authority to halt destructive construction and shall notify a
qualified archaeologist to investigate the find. If necessary, the qualified
archaeologist shall prepare a treatment plan for submission to the State
Historic Preservation Officer and Agua Caliente Cultural Resource
Coordinator for approval. If human remains are discovered they shall be
handled consistent with the state law provisions.
To comply with the City 65 dBA CNEL exterior and 45 dBA CNLL interior noise
level standards, the following mitigation measures outlined in the noise study
(Endo Engineering, 2005) are required:
MM XI-1 During construction phases, the contractor shall ensure that all
construction is performed in accordance with the applicable City of Palm
Springs noise standards. This measure shall be added to the construction
contract.
MM XI-2 Construction activities on-site should take place only during the
hours between 7:00 a.m. and 8:00 p.m., as specified by the Palm Springs
Noise Ordinance (11.74.041), to reduce noise impacts during more sensitive
time periods. The Construction Site Regulations (Chapter 8.04.220) also
identify specific limits on hours of operation for construction equipment as not
between 5 p.m. and 8 a.m. if the noise produced is of such intensity or quality
that it disturbs the peace and quiet of any other person of normal sensitivity.
MM XI-3 All construction equipment, fixed or mobile, shall be equipped with
properly operating and maintained mufflers and the engines shall be
equipped with shrouds.
Resolution
Conditions of Approval Page 9 of 29
5-1082 AMND PDD 321, TTM AMND 34165 March 24,2010
MM XI-4 All construction equipment shall be in proper working order and
maintained in a proper state of tune to reduce backfires.
MM XI-5 Stockpiling and vehicle staging areas shall be located as far as
practical from noise sensitive receptors-
MM XI-6 Parking, refueling and servicing operations for all heavy equipment
and on-site construction vehicles shall be located as far as practical from
existing homes.
MM XI-7 Every effort shall be made during construction activities to create
the greatest distance between noise sources and noise-sensitive receptors
located in the vicinity of the project site.
MM XI-8 Stationary equipment should be placed such that emitted noise is
directed away from noise-sensitive receptors.
MM XI-9 The residential uses proposed adjacent to Avenida Caballeros and
Alejo Road shall include a 6.0 foot perimeter wall, or shall be evaluated by a
qualified noise consultant at more detailed levels of planning to ensure that
adequate noise attenuation measures are incorporated in the project design
to meet the City of Palm Springs noise standards (65 CNEL in outside activity
areas and 45 CNEL in interior living areas) and the California Noise Insulation
Standards. The applicant shall demonstrate to the satisfaction of the City that
the required shielding shall be incorporated in the project design, prior to the
issuance of building permits.
MM XI-10All internal combustion-powered equipment shall be equipped with
properly operating mufflers and kept properly tuned to alleviate backfires.
This measure shall be added to the construction contract.
To comply with City ordinance and policy requirements, the following mitigation
measures outlined in the project traffic study (Endo Engineering, 2005) are
required.
MM XV-1 The project proponent shall dedicate appropriate right-of-way to
accommodate the ultimate improvement of the master planned roadways
(Alejo Road and Avenida Caballeros) adjacent to the project site. This shall
include the right-of-way dedication of the property line corner cutback-
dedication required at the northwest corner of the site to accommodate a curb
ramp.
MM XV-2 The master planned roadways (Alejo Road and Avenida Caballeros)
shall be improved adjacent to the site, to the design standards identified in the
Section 14 Specific Plan, as required by the City of Palm Springs.
Resolution
Conditions of Approval Page 10 of 29
5,1052 AMND PDD 321,TTM AMND 34165 March 24, 2010
MM XV-3 The project proponent will comply with the Section 14 Specific Plan
requirements regarding the master planned bikeways adjacent to the site along
Avenida Caballeros.
MM XV-4 Sufficient off-street parking shall be provided on-site to meet the
requirements of the Palm Springs Municipal Code.
MM XV-5 The project proponent shall contribute traffic impact mitigation fees,
by participating in the Traffic Uniform Mitigation Fee (TUMF) program.
The following mitigation measures are recommended to reduce potential
circulation and/or site access impacts associated with the proposed project:
MM XV-6 To insure compliance with City access and design standards, the
final building and parking layout and site access design shall be subject to the
review and approval of the City Traffic Engineer, as part of the development
review process.
MM XV-7 Clear , unobstructed sight distance shall be provided at the
unsignaliaed site driveway on Avenida Caballeros.
MM XV-8 The project proponent shall be required to contribute 100 percent of
the cost of the following circulation improvements in conjunction with the
development of the proposed project:
A. Avenida Caballeros — The Applicant shall modify or remove the
raised median on Avenida Caballeros, south of Alejo Road, as
required by the City Engineer.
B. Avenida Caballeros - Since the site has 610 feet of frontage on
Avenida Caballeros, the TWLTL may be extended beyond the site
access, to function as a median refuge for motorists making
westbound left turns out of the project site.
C. Avenida Caballeros - The southern terminal treatment for
introduction of the TWLTL shall be developed by simple northbound
through-lane approach taper widening from the basic 2- or 4-lane
cross section on Avenida Caballeros. This taper will cause all
vehicles to transition laterally and shall be moderately. long
(approximately 150 feet long assuming 35 mph) to shift the
northbound through lanes laterally 6 feet and provide a full
shadowed 12-foot wide TWLTL.
D. Avenida Caballeros - Construct a single westbound exit lane and a
single entry lane at the site access.
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E. Avenida Caballeros - Install a STOP sign facing exiting site traffic-
F. Avenida Caballeros - Construct a meandering 5-foot
pedestrian/jogging path, a 10-foot meandering Class I bikeway within
a 28-foot landscaped parkway along the east side of Avenida
Caballeros, as specified in the Section 14 Master Development
Plan/Specific Plan-
G. Alejo Road - Construct a 6-foot Class II bikeway and a 6-foot
meandering sidewalk within a 20-foot wide parkway on the south
side of the Alejo Road adjacent to the project site, as specified in the
Section 14 Master Development Plan/Specific Plan.
ENV 4. Reimburse City for Monitoring Expenses. The developer shall reimburse the
City for the City's costs incurred in monitoring the developer's compliance
with the conditions of approval and mitigation monitoring program, including,
but not limited to inspections and review of developers operations and
activities for compliance with all applicable dust and noise operations, and
cultural resource mitigation. This condition of approval is supplemental and in
addition to normal building permit and public improvement permits that may
be required pursuant to the Palm Springs Municipal Code.
ENV 5. 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 6. Cultural Resource Site Monitoring. There is a possibility of buried cultural or
Native American tribal resources on the site. A Native American Monitor shall
be present during all ground-disturbing activities. (check for duplication in
engineering conditions)
a). A Native American Monitor(s) shall be present during all ground disturbing
activities including clearing and grubbing, excavation, burial of utilities,
planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla
Indian Cultural Office for additional information on the use and availability of
Cultural Resource Monitors. Should buried cultural deposits be encountered,
the Monitor shall contact the Director of Planning. After consultation the
Director shall have the authority to halt destructive construction and shall
notify a Qualified Archaeologist to further investigate the site. If necessary,
the Qualified Archaeologist shall prepare a treatment plan for submission to
the State Historic Preservation Officer and Agua Caliente Cultural Resource
Coordinator for approval.
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5.1082 AMND PDD 321,TTM AMND 34165 March 24,2010
b). Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record search
results and site records/updates shall be forwarded to the Tribal Planning,
Building, and Engineering Department and one copy to the City Planning
Department prior to final inspection.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a
photometric site plan showing the project's conformance with Section
93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance,
shall be submitted for approval by the Department of Planning prior to
issuance of a building permit. Manufacturer's cut sheets of all exterior lighting
on the building and in the landscaping shall be included. If lights are proposed
to be mounted on buildings, down-lights shall be utilized. No lighting of
hillsides is permitted.
PLN 2. Water Efficient Landscaping Conformance. The project is subject to the
Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs
Municipal Code and the State of California Water Efficient Landscape
Ordinances. The applicant shall submit a landscape and irrigation plan to the
Director of Planning for review and approval prior to the issuance of a building
permit that has been certified as conforming to the State Landscape
Ordinance. Landscape plans shall also be wet stamped and approved by the
Riverside County Agricultural Commissioner's Office prior to submittal. Refer
to Chapter 8.60 of the Municipal Code for specific requirements. (See
Chapter 8.60.020 for exemptions)
PLN 3. 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 4. Maintenance of Awnings & Projections. All awnings shall be maintained and
periodically cleaned
PLN 5. 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 6. 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.
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PLN 7. Pool Enclosure Approval Required. Details of fencing or walls around pools
(material and color) and pool equipment areas shall be submitted for approval
by the Planning Department prior to issuance of Building Permits.
PLN 8. Exterior Alarms & Audio SVstems. 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, Final Map. 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 13 Maintenance Standards. Trash cans shall be screened from view and kept
within fifty (50) feet of the street.
PLN 12. Perimeter Walls. Perimeter walls shall be designed, installed and maintained
in compliance with the corner cutback requirements as required in Section
93.02.00.D.
PLN 13. House Numbers. The street address numbering/lettering shall not exceed
eight inches in height.
PLN 14. Decorative Paving. Work with Tribal Historic Preservation Office on the
design of patterns for the decorative pavement areas, incorporating mosaic
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patterns of selected Cahuilla symbols or art forms. (Pursuant Specific Plan
Section 52.13, p. 5-42)
•PLN 15. Section 14 Entry Feature. The location of the entry drive into the proposed
project requires the removal of the General Plan and Specific Plan-required
landscape median along Avenida Caballeros. As an aesthetic alternative to
the landscape medians, provide an entry feature with landscaping, shade
trees, seating, and public art at the southeast and southwest corner of
Avenida Caballeros and Alejo Road on the exterior side of the perimeter wall.
(See ENG 7 for further details).
PLN 16. add any additional conditions imposed by the Planning Commission or Ci
Council here).
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security
Codes" of the Palm Springs Municipal Code.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on site, all appropriate permits must be secured.
BLD 2. Construction of any residential unit shall meet minimum soundproofing
requirements prescribed pursuant to Section 1092 and related sections of
Title 25 of the California Administrative Code. Compliance shall be
demonstrated to the satisfaction of the Director of Building and Safety.
BLD 3. Prior to the issuance of building permits, locations of all telephone and
electrical boxes must be indicated on the building plans and must be
completely screened and located in the interior of the building.
ENGINEERING DEPARTMENT CONDITIONS
The Engineering Division recommends that if this application is approved, such
approval is subject to the following conditions being completed in compliance with City
standards and ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
STREETS
ENG 1. Any improvements within the public right-of-way require a City of Palm
Springs Encroachment Permit.
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ENG 2. Street improvement plans have been submitted to and approved by the City
Engineer for this project; refer to Drawing Numbers 5043-1, 5043-2 and 5043-
3 on file with the Public Works and Engineering Department. The applicant
shall make revisions to the approved street improvement plans as necessary
in accordance with the amended project.
ENG 3. The applicant shall be required to construct asphalt concrete paving for
streets in two separate lifts. The final lift of asphalt concrete pavement shall
be postponed until such time that on-site construction activities are complete,
as may be determined by the City Engineer. Paving of streets in one lift prior
to- completion of on-site construction will not be allowed, unless prior
authorization has been obtained from the City Engineer. Completion of
asphalt concrete paving for streets prior to completion of on-site construction
activities, if authorized by the City Engineer, will require additional paving
requirements prior to acceptance of the street improvements, including, but
not limited to: removal and replacement of damaged asphalt concrete
pavement, overlay, slurry seal, or other repairs, as required by the City
Engineer.
AVENIDA CABALLEROS
ENG 4. Dedicate abutters rights of access to Avenida Caballeros along the entire
frontage of the project, excluding the 74 feet wide access point for the Main
Entry; vehicular access to Avenida Caballeros, other than from the Main
Entry, shall be prohibited.
ENG 5. The required street improvements for Avenida Caballeros are identified and
shown on the approved street improvement plans; refer to Drawing Numbers
5043-1 and' 5043-3 on file with the Public Works and Engineering
Department.
ENG 6. An Opticom or Tomar system (or approved equal) for automatic operation by
emergency vehicles, with uninterrupted power supply (battery back-up), shall
be installed for the entry gates on Avenida Caballeros, meeting the approval
of the Fire Marshall.
ENG 7. Remove the existing raised landscaped median located south of Alejo Road
and replace with a minimum pavement section of 5 inches asphalt concrete
pavement over 4 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal. The applicant
shall install public art at the southwest and southeast corners of the Avenida
Caballeros and Alejo Road intersection. The public art shall be designed as a
"Gateway" into Section 14, in accordance with requirements established by
the Agua Caliente Band of Cahuilla Indians and the Palm Springs Public Arts
Commission. Public art shall be designed in accordance with policies and
procedures established by the Palm Springs Public Arts Commission, and
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5.1082 AMND PDD 321.TTM AMND 34165 March 24,2010
shall be subject to approval by the Palm Springs Public Arts Commission prior
to its construction and installation. Costs associated with the public art may
be credited against any public art fees otherwise due. The applicant shall
obtain an easement for the City of Palm Springs for installation and
maintenance of the public art to be installed at the southwest corner of the
Avenida Caballeros and Alejo Road intersection, if installed outside of existing
right-of-way. The applicant shall dedicate an easement to the City of Palm
Springs for installation and maintenance of the public art to be installed at the
southeast corner of the Avenida Caballeros and Alejo Road intersection, if
installed outside of existing right-of-way.
LNG 8. All broken or off grade street improvements shall be repaired or replaced.
ALEJO ROAD
ENG 9. Dedicate abutters rights of access to Alejo Road along the entire frontage of
the project, excluding the 60 feet wide access point for the emergency
access; vehicular access to Alejo Road shall be prohibited.
ENG 10. The required street improvements for Alejo Road are identified and shown on
the approved street improvement plans; refer to Drawing Numbers 5043-1
and 5043-2 on file with the Public Works and Engineering Department.
ENG 11. Access through the gated driveway on Alejo Road shall be limited to
emergency access only. The access shall be gated and locked; and lock box
key provided to the Fire Department for emergency access.
ENG 12. All broken or off grade street improver'nents shall be repaired or replaced.
ON-SITE
ENG 13. Dedicate easements for public utility purposes, with the right of ingress and
egress for service and emergency vehicles and personnel over the proposed
private streets.
ENG 14. 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 15. All on-site private streets shall be two-way with a minimum 24 feet wide
travelway (as measured from face of curb) where no on-street parking is
proposed.
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ENG 16. All on-site private streets shall be two-way with a minimum 32 feet wide
travelway (as measured from face of curb) where on-street parallel parking is
proposed on one-side of the street_
ENG 17. All on-site streets shall be constructed with an inverted section with gutters to
accept and convey on-site stormwater runoff, in accordance with applicable
City Standards.
ENG M All on-site streets shall have a 4 feet wide sidewalk on one side of each street
in accordance with City of Palm Springs Standard Drawing No. 210. The
sidewalk shall be constructed behind curb, separated from the travel way.
ENG 19. Construct Type A, B, or C curb ramps meeting current California State
Accessibility standards in accordance with City of Palm Springs Standard
Drawing No. 212, 213, or 214, where required on-site.
ENG 20. All on-site streets shall be constructed with a minimum pavement section of
2'Y2 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.
ENG 21. Parking shall be restricted along both sides of the 24 feet wide on site private
streets; and parking shall be restricted along one side of the 32 feet wide on-
site private streets, as necessary to maintain a minimum 24 feet wide clear ;
two-way travel way. Regulatory Type R26 "No Parking" signs or red curb
shall be installed along the private streets as necessary to enforce parking
restrictions. The Home Owners Association (HOA) shall be responsible for
regulating and maintaining required no parking restrictions, which shall be
included in Covenants, Conditions, and Restrictions (CC&R's) required for the
development.
SANITARY SEWER
ENG 22. Any existing on-site sewer improvements shall be removed as required by the
City Engineer.
ENG 23. All sanitary facilities shall be connected to the public sewer system. New
laterals shall not be connected at manholes.
ENG 24. The required on-site private sewer improvements for the development are
identified and shown on the approved private sewer improvement plans that
are on file with the Public Works and Engineering Department. Sewer
manhole covers shall be identified as "Private Sewer"-
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5.1082 AMND PDD 321,TTM AMND 34165 March 24,2010
ENG 25. All on-site sewer systems shall be privately maintained by a Home Owners
Association (HOA). Provisions for maintenance of the on-site sewer system
acceptable to the City Engineer shall be included in the Covenants,
Conditions and Restrictions (CC&R's) required for this project.
GRADING
ENG 26. A Precise Grading and Paving Plan, and a Fugitive Dust Control Plan, have
been submitted to and approved by the City Engineer for this project. An
updated Fugitive Dust Control Plan meeting all current City requirements shall
be submitted to and approved by the City Engineer prior to issuance of a
grading permit. The approved Precise Grading and Paving Plan shall be
revised as necessary to incorporate the amended site plan, or otherwise a
new Precise Grading and Paving Plan shall be submitted for review and
approval by the City Engineer.
ENG 27. Prior to issuance of a Grading Permit, the applicant shall obtain written
approval to proceed with construction from the Agua Caliente Band of
Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist.
The applicant shall contact the Tribal Historic Preservation Officer or the
Tribal Archaeologist at (760) 699-6800, to determine their requirements, if
any, associated with grading or other construction. The applicant is advised to
contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early
as possible. If required, it is the responsibility of the applicant to coordinate
scheduling of Tribal monitors during grading or other construction, and to
arrange payment of any required fees associated with Tribal monitoring. ;
ENG 28. The existing screen'fencing shall be removed from the site within 60 days of
approval of the amended Tentative Tract Map 34165 and amended Planned
Development District 321, unless construction (rough grading) of the site is
otherwise initiated by the applicant prior to that date. The City Engineer may
authorize an extension of time related to the removal of the existing fencing if
the applicant is demonstrating progress towards plan revisions and permit
issuance.
ENG 29. If the applicant does not initiate construction (rough grading) of the site within
60 days of approval of the amended Tentative Tract Map 34165 and
amended Planned Development District 321 (or as may be extended by the
City Engineer), the applicant shall re-grade the interior portion of the site
where an existing pit is located and shall apply soil stabilizer to all disturbed
areas upon completion, as directed by the City Engineer.
ENG 30_ A revised PM-10 Dust Control Plan shall be submitted to and approved by the
City Engineer. In accordance with the revised PM-10 Dust Control Plan, the
existing green screening shall be removed, and new tan screening shall be
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5.1082 AMND Poo 321,TTM AMND 34165 March 24,2010
installed_ Perimeter fencing shall be installed after issuance of a Grading
Permit, and immediately prior to commencement of grading operations.
ENG 31. During active construction, 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 32. 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.
In the event construction of structures or other improvements on-site
represent a potential hazard to the public, perimeter fencing may be allowed
to remain, subject to the approval of the City Engineer. In accordance with
this condition, the disturbed areas on-site shall be permanently stabilized, in
accordance with Palm Springs Municipal Code Section 8.50.022, and the
existing perimeter fencing shall be removed, until construction activities
resume on the project site.
ENG 33. 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).
LNG 34. Drainage swales shall be provided adjacent to all curbs and sidewalks to
keep nuisance water from entering the public streets, roadways, or gutters.
ENG 35. 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.
ENG 36. Projects causing soil disturbance of one acre or more, must comply with the
General Permit for Stormwater Discharges Associated with Construction
Activity, and shall prepare and implement a Stormwater Pollution Prevention
Plan (SWPPP), A copy of the up-to-date SWPPP shall be kept at the project
site and be available for review upon request.
ENG 37. In accordance with City of Palm Springs Municipal Code, Section 8.50.025
(c), 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.
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ENG 38. 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 39. The applicant shall provide all necessary geotechnical/soils inspections and
testing in accordance with the Geotechnical/Sails 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 40_ 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 41. 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).
DRAINAGE
ENG 42. 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
SMP'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;
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and provisions for perpetual maintenance of the measures shall be provided
to the satisfaction of the City Engineer,
ENG 43. The required private storm drain improvements for the development are
identified and shown on the approved private storm drain improvement plans;
refer to Drawing Numbers 5048-1, 5048-2, 5048-3, and 5048-4 on file with the
Public Works and Engineering Department.
ENG 44. The applicant may conduct stormwater runoff off-site to the Tachevah Dam
Outlet Drain operated and maintained by Riverside County Flood Control and
Water Conservation District (RCFC), subject to the review and approval by
RCFC. Appropriate post-construction "operational" Best Management
Practices (BMP's) shall be incorporated as part of the on-site storm drain
system to effective pre-treat the stormwater runoff prior to its release into the
Tachevah Dam Outlet Drain. The applicant shall provide a copy of the
encroachment permit issued from RCFC for the storm drain connection, prior
to issuance of a construction permit for the on-site private storm drain system.
ENG 45. All on-site storm drain systems shall be privately maintained by a
Homeowners Association (HOA). Provisions for maintenance of the on-site
storm drain systems acceptable to the City Engineer shall be included in
Covenants, Conditions and Restrictions (CC&R's) required for this project.
GENERAL
ENG 46. 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 47. On phases or elements of construction following initial site grading (e.g.,
sewer, storm drain, or other utility work or fuel pipeline work requiring
trenching) associated with this project, the applicant shall be responsible for
coordinating the scheduled construction with the Agua Caliente Band of
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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 applicant's 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 48_ All proposed utility lines shall be installed underground.
ENG 49. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal
Code, all existing and proposed electrical lines of thirty-five thousand volts or
less and overhead service drop conductors, and all gas, telephone, television
cable service, and similar service wires or lines, which are on-site, abutting,
and/or transecting, shall be installed underground unless specific restrictions
are shown in General Orders 95 and 128 of the California Public Utilities
Commission, and service requirements published by the utilities. The existing
overhead utilities extending across the subject property meet the requirement
to be installed underground. The overhead utilities shall be installed
underground from the nearest off-site pole located north of Alejo Road; no
new power poles shall be installed unless otherwise approved by the City
Engineer. A letter from the owner(s) of the affected utilities shall be submitted
to the Engineering Division prior to approval of any grading plan, informing
the City that they have been notified of the City's utility undergrounding
requirement and their intent to commence design of utility undergrounding
plans. When available, the utility undergrounding plan shall be submitted to
the Engineering Division identifying all above ground facilities in the area of
the project to be undergrounded. Undergrounding of existing overhead utility
lines shall be completed prior to issuance of a certificate of occupancy.
ENG 50. 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 (Auto CAD 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 51. 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
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improvement plans shall be submitted to the City Engineer for approval prior
to construction.
LNG 52. 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 53. All proposed trees within the public right-of-way and within 10 feet of the
public sidewalk and/or curb shall have City approved deep root barriers
installed in accordance with City of Palm Springs Standard Drawing No. 904.
MAP
ENG 54_ A Final Map shall be prepared by a California registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for review
and approval. A Title Report prepared for subdivision guarantee for the
subject property, the traverse closures for the existing parcel and all lots
created therefrom, and copies of record documents shall be submitted with
the Final Map to the Engineering Division as part of the review of the Map.
The Final Map shall be approved by the City Council prior to issuance of
building permits.
ENG 55. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be
submitted to the City Attorney for review and approval for any restrictions
related to the Engineering Division's recommendations. The CC&R's shall be
approved by the City Attorney prior to approval of the Final (Parcel) Map, or in
the absence of a Final (Parcel) Map, shall be submitted and approved by the
City Attorney prior to approval of Final Map.
ENG 56. Upon approval of a final (parcel) map, the final (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 CDRQM/DVD containing the following: ArcGIS Geodatabase,
ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD
2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII
drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats.
Variations of the type and format of G.I.S. digital data to be submitted to the
City may be authorized, upon prior approval of the City Engineer.
TRAFFIC
Resolution
Conditions of Approval Page 24 of 29
5.1082 AMND PDD 321, TTM AMND 34165 March 24,2010
ENG 57. The required signing and striping improvements for the development are
identified and shown on the approved signing and striping improvement
plans; refer to Drawing Number 5074 on file with the Public Works and
Engineering Department.
ENG 58. All required traffic striping and signage ,improvements shall be completed in
conjunction with required street improvements, to the satisfaction of the City
Engineer, and prior to issuance of a certificate of occupancy.
ENG 59. A minimum of 48 inches of clearance shall be provided on public sidewalks
for handicap accessibility. Minimum clearance on public sidewalks shall be
provided by either an additional dedication of a sidewalk easement (if
necessary) and widening of the sidewalk; or by the relocation of any
obstructions within the public sidewalk along the Avenida Caballeros and
Alejo Road frontages of the subject property.
ENG 60. All damaged, destroyed, or modified pavement legends, traffic control
devices, signing, and striping associated with the proposed development shall
be replaced as required by the City Engineer prior to issuance of a Certificate
of Occupancy.
ENG 61. 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 62. 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 received and
stamped 1/11/2010. 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. Public Safety CFD: The Project will bring a significant number of additional
residents to the community. The City's existing public safety and recreation
Resolution
Conditions of Approval Page 25 of 29
5,1082 AMND PDD 321,TTM AMND 34165 March 24, 2010
services, including police protection, criminal justice, fire protection and
suppression, ambulance, paramedic, and other safety services and recreation,
library, cultural services are near capacity. Accordingly, the City may
determine to form a Community Services District under the authority of
Government Code Section 53311 et seq, or other appropriate statutory or
municipal authority. Developer agrees to support the formation of such
assessment district and shall waive any right to protest, provided that the
amount of such assessment shall be established through appropriate study and
shall not exceed $500 annually with a consumer price index escalator. The
district shall be formed prior to sale of any lots or a covenant agreement shall
be recorded against each parcel, permitting incorporation of the parcel in the
district.
FID 4. Access During Construction (CFC 503): Access for firefighting equipment
shall be provided to the immediate job site at the start of construction and
maintained until all construction is complete. Fire apparatus access roads
shall have an unobstructed width of not less than 20 feet and an unobstructed
vertical clearance of not less than 13'6". Fire Department access roads shall
have an all weather driving surface and support a minimum weight of 73,000
lbs.
FID 5. Fire Department Access: Fire Department Access Roads shall be provided
and maintained in accordance with (Sections 503 CFC)
Minimum Access Road Dimensions:
1. Fire apparatus access roads shall have an unobstructed width of not less
than 20 feet, a greater width for private streets may be required by the City
engineer to address traffic engineering, parking, and other issues. The
Palm Springs Fire Department requirements for two-way private streets, is
a minimum width of 24 feet is required for this project, unless otherwise
allowed by the City engineer. No parking shall be allowed in either side of
the roadway.
2. Main entrance on Avenida Caballeros will require both left and right turn
access into the complex for emergency response vehicles.
FID 6. Fire Lane Marking (CFC 503,3): Approved signs or other approved notices
shall be provided for fire apparatus access roads to identify such roads or
prohibit the obstruction thereof. Signs or notices shall be maintained in a
clean and legible condition at all times and is replaced or repaired when
necessary to provide adequate visibility.
FID 7. Reduced Roadway Width: Areas with reduced roadway width at entry and
exit gates, entry and exit approach roads, traffic calming areas that are under
36 feet wide require red painted curb to maintain minimum 24 foot clear width.
Resolution
Conditions of Approval Page 26 of 29
5,1082 AMND PDD 321,TTM AMND 34165 March 24, 2010
Red curb shall be stenciled "NO PARKING" and "FIRE LANE" with white
paint.
FID 8. Fire Apparatus Access Gates (8.04.260 PSMC): Entrance gates shall have
a clear width of at least 15 feet and be equipped with a frangible chain and
padlock during construction.
FID 9. Security Gates (CFC 503.6): The installation of security gates across a fire
apparatus access road shall be approved by the fire chief. Where security
gates are installed, they shall have an approved means of emergency
operation. The security gates and the emergency operation shall be
maintained at all times.
Secured automated vehicle gates or entries shall utilize approved Knox
access switches as required by the fire code official. Secured non automated
vehicle gates or entries shall utilize an approved padlock or chain (maximum
link or lock shackle size of inch) when required by the fire code official.
Residential complexes using secured automated vehicle entry gates or
entries shall utilize a combination of a Tomar strobe-activated switch and an
approved Knox key electric switch.
Gate arms securing parking lots and parking structures shall be equipped with
a fire department approved dual-keyed Knox key electric switch. When
activated, the arm or arms shall open to allow fire and law enforcement
access.
Approved security gates shall be a minimum of 14 feet in unobstructed drive
width on each side with gate in open position and an unobstructed vertical
clearance of not less than 13 feet 6 inches. The entrance pate shown on the
plans does not meet this requirement and will need to be widened.
In the event of a power failure, the gates shall be defaulted or automatically
transferred to a fail safe mode allowing the gate to be pushed open without
the use of special knowledge or any equipment. If a two-gate system is used,
the override switch must open both gates.
FID 10. 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. See FID12 for
requirements to meet this condition.
Resolution
Conditions of Approval Page 27 of 29
5.1082 AMND PDD 321,TTM AMND 34165 March 24, 2010
FID 11. Additional Access Required (CFC 503.1.2): The fire code official is
authorized to require more than one fire apparatus access road based on the
potential for impairment of a single road by vehicle congestion, condition of
terrain, climatic conditions or other factors that could limit access to
multifamily residential and one or two family dwelling where the number of
dwelling units exceeds 30 shall be provided with two separate and approved
fire apparatus access roads. The secondary access at Chelsea Drive and
Audrey Drive meets this condition.
FID 12. Fences (CFC 503.1.5): When fences are installed that cause the distance
from an approved fire department access road to exceed the maximum
distance allowed in Section 503 herein, a gate shall be provided in the fence
to maintain the required fire department access. The gate shall be a minimum
four (4) feet in width and be equipped with a key box and/or lock accessible
from both sides in accordance with Section 506 herein.
FID 13. Dimensions (CFC 503.2.1): Fire apparatus access roads shall have an
unobstructed width of not less than 24 Feet except for approved security gates
in accordance with Section 503.6 and an unobstructed vertical clearance of
not less than 13 feet 6 inches.
FID 14. Surface (CFC 503.2.3): Fire apparatus access roads shall be designed and
maintained to support the imposed loads of fire apparatus (73,000 lbs. GVW)
and shall be surfaced so as to provide all-weather driving capabilities.
FID 15. Turning radius (CFC 503.2.4): The required turning radius of a fire
apparatus access road shall be determined by the fire code official. Fire
access road turns and corners shall be designed with a minimum inner radius
of 25 feet and an outer radius of 43 feet. Radius must be concentric. Main
entrance needs modifications for apparatus movements and inter-connectivity
so that response efficiency is maintained.
FID 16. 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 17. Key Box Required to be Installed (CFC 506.1): Where access to or within a
structure or an area is restricted because of secured openings or where
immediate access is necessary for life-saving or fire-fighting purposes, the fire
code official is authorized to require a key box to be installed in an approved
location.
Resolution
Conditions of Approval Page 28 of29
5.1082 AMND Poo 321,TTM AMND 34165 Maroh 24,2010
FID I& Location of Knox boxes: A Knox box shall be installed at every locked
gate. Boxes shall be mounted at 5 feet above grade. Show location of boxes
on plan elevation views. Show requirement in plan notes.
FID 19. Operational Fire Hydrant(s) (CFC 508.1, 508.5.1 & 1412.1): Operational
fire hydrant(s) shall be installed within 250 feet of all combustible
construction. They shall be installed and made serviceable prior to and
during construction. No landscape planting, walls, or fencing is permitted
within 3 feet of fire hydrants, except ground cover plantings.
FID 20. Fire Flow (CFC 508.3): Fire flow requirements for buildings or portions of
buildings and facilities are estimated to be 1,500 GPM with the installation of
fire sprinklers based on Appendix B of the 2007 CFC.
FID 21. Identification (CFC 510.1): Fire protection equipment shall be identified in an
approved manner. Rooms containing controls for air-conditioning systems,
sprinkler risers and valves, or other fire detection, suppression or control
elements shall be identified for the use of the fire department. Approved signs
required to identify fire protection equipment and equipment location, shall be
constructed of durable materials, permanently installed and readily visible.
FID 22. Fire Sprinklers Required. An automatic fire sprinkler system is required.
Only a C-16 licensed fire sprinkler contractor shall perform system design and
installation_ The contractor should submit fire sprinkler plans as soon as
possible. No portion of the fire sprinkler system may be installed prior to plan
approval.
FID 23. Audible Water Flow Alarms (CFC 903.4.2): An approved audible sprinkler
flow alarm (Wheelock horn/strobe # MT4-115-WH-VFR with WBB back box or
equal) shall be provided on the exterior of the building in an approved
location. An approved audible sprinkler flow alarm (Wheelock horn/strobe #
MT4.115-WH-VFR with WBB back box or equal) to alert the occupants shall
be provided in the interior of the building in a normally occupied location.
FID 24. Valve and Water-Flow Monitoring (CFC 903.4): All valves controlling the
fire sprinkler system water supply, and all water-flow switches, shall be
electrically monitored. All control valves shall be locked in the open position.
Valve and water-flow alarm and trouble signals shall be distinctly different and
shall be automatically transmitted to an approved central station.
FID 25. Fire Alarm System: Fire alarm system is required and installation shall
comply with the requirements of NFPA 72, 2002 Edition.
FID 26. Portable Fire Extinguisher (CFC 906.1): Portable fire extinguishers shall be
installed. Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet
of floor or grade travel distance for normal hazards. Portable fire
extinguishers shall not be obstructed or obscured from view. Portable fire
Resolution
Conditions of Approval Page 29 of 29
5.1082 AMND PDD 321,TTM AMND 34165 March 24, 2010
extinguishers shall be installed so that the top I not more than 5 feet above
the floor.
City of Palm Springs Fire Department
END OF CONDITIONS
No 1329
NOTICE Ofn COUNCIILLARINQ
PROOF OF PUBLICATION -this ie CITY OF PALM SPRINGS
(2015.5.C.C•P) CASE;6.10934106 Ali&MTTM
SOUTHEAST CORNER
�F AYHNmA)
CA13ALLEROS&ALEJO ROAD ttyy
CounolEal IS in City oEPalm$P GIVEN
s,.Calflafthe
will
hold a Pua ICiry eeringciltm1�eeh getbegire et r8;00
2010. Th t
In the CounrAl Cham Pelm$Cl
prY Hall,3200
East Tahqul[z Canyon Way, „Y
STAKE OF CALIFORNIA The ppurpose of this hearing is to consider an ep
plkCalfon by Nexus DeveloPmein to emend a preyl-
Cpnn Of Riverside Gushy approved Ptah oevelo t o'elnd
County 321 ChanqInp the d"hy'Id use Mom 84 oamo-
fnlnium unite to 53 singla tam'yy aaec110d end de-
tached units,efM TWIN the dOvkAQpmenl etand-
erds for the Abet. The prclect includes an abplr
a siff��nggla lot for ndomTTiinal pury0aee 11to 53
Indhvi0uel lots with common areas Incluelrg qi•
was sU9ete and guest parting. The pr ed IS on
approximatelyy 8.5 acres In 9ecdon 14(I
-W,s sub'ed to the tlavehopman1 Stan the
I am a citizen of the United Slate%and a resident of SWfV14 Specific plan and PSZC Zane RdA(B).
the County aforesaid;I am over the age of eighteen --
years,and not a party to or interested in the ® �"* � •;i:
above-entitled matter. I am the principal clerk of a
printer of the,DESERT SUN PUBLISHINGrFy,ri,
COMPANY a newspaper of general circulation,
printed and published in the city of Palm Springs, I# 1 l
County of Riverside,and which newspaper has been
adjudged a newspaper of general circulation by the
Superior Court of the County of Riverside,State of f `
California under the date of March 24,1988,Case �l
p
I
Number 191236; that the notice,of which the
annexed is a printed copy(set in type not smaller
than non pariel,has been published in each regular _.....
and entire issue of said newspaper and not fit any
supplement therenf on the fallowing dates,to wit: ENVIRONMENTAL pFrERMINATION A
Cod,M111Get d:Negative Declaration(MIND)was
m pprepargd for Mis project under me gWdelines of
March 27 ,2010 ih9 California Env rronmental Quality Act(CEQA).
—___ .— Since Inapreoved no folect ewhlnfor-
erdenSaythanprewouslyap0 aced that
match or adverse.Impede are'amide
would rsgmre revision to the pravlouely appfGVBO
.,,............___....—............—___.r------____�__ MND for thla profeci.Marrt6ers oflIn�tgghe pubic may
All in the year 2010 Urervices De-
riment document
Hal, 5200 East nTAn9 Bz Cariyum
g,pip the Cltyy Council hearing.
comments
I certify(or declare)under pen airy of perjury that the RE IEW Op ppOJECT INFORMATION'
foregoing is true and correct The staff repM one other supponIng daCumems
ragardinp inie ooro act are also eveilsMe for Cabbie
reNew at Clry HaII yatween the inure of&100 A.M.
Dated at Palm Springs,California is this—30`h,-- day an 8: p.m.Montleyy threu9h Tburat y plea
p Y 82 4 R�[ne OHlce pf 1to F.la(k at{roi yan-
to reveygLW�vUI hedule an eppdin[mant
w t
of_-------- March --- 2010 Fh
COMMENT. no THIS APPLICATION: Re,
9ponxe to sin nonce men writing made fore theally h the
_ �.F._.....,_...... Ing. c Hearing comments
m may
be before to the City
(Council Cy lath,(for Tail or hand delilivery)to:City
�____ James Thompson City Clark
____ ..... _
3200 E. n
Tahqultz d"Xoon Way
Signature Palm Spas,CA 2262,
Any
yy challenge Of the prepof ed project in coun
[rl (the publictB a in9 described in notice«an
...„_ written correspondence nisiv9red to the City Clerk
et or prior, to the ppublfo nearing. (Qovemmem
Code Section 05009Un112]),
• An opportunity will pa given at said hearing for all
Interested persons to be heard.Questions regard'
at@[hPlann�er mPianning Services Depp Ken a„•meAntt at
(760)328-8&5.
Si necesita ayude Cob astappcayydcpo,PQ„aypr blame a
is Ciudad do Palm Nadine Fleger teleforr,(7W)323-8245.hablar, con
(� James Thompson,City Clerk
Pueliii 3127/10
ME1� canr �fftt��VVr
AI1JI �� II!!II��� MR PE'1'E MORUZZI
°.' MC7D ,Wl �1Cl,l V�yd� �I' ' PALM SPRINGS MODERN COMMITTEE
HIfIC "alTt'«i{'tEP4;
P.O. BOX 4738
PALM SPRINGS, CA 92263-4738
CITY OF PALM SPRINGS CASE 5.1082 AMND
PLANNING SERVICES DEPARTMENT MRS. JOANNE BRUGGEMANS
ATTN SECRETARY 506 W.SANTA CATALINA ROAD
PO BOX 2743 PALM SPRINGS, CA 92262
PALM SPRINGS, CA 92263-2743
MS MARGARET PARK
II!IYI..[",4{ ^��' ND{, Pj IklJL,LA j �: AGUA CALIENTE BAND OF CAHUILLA
�1 5r5 li ii17J! INDIANS
2401 DINAH SHORE DRIVE
PALM SPRINGS, CA 92264
MR ROB ERE$ MR RICHARD H. MEANEY
O O MAC ARTHUR PLACE, SUITE 300 1 1 MAC ARTHUR PLACE,SUITE 300
SANTA ANA, CA 92707 SANTA ANA, CA 92707
MR ANDY ALPER MR JIM RIDGE
DESIGN ARC 777 E.T ENGINEERS RIDGE LANDSCAPE ARCHITECTS
2558 OVERLAND AVENUE 777 E.SPRINGS,
CANYON WAY 6841 RESEARCH DRIVE, STE. 200
LOS ANGELES, CA 90064 PALM SPRINGS, CA 92262 IRVINE. CA 92618
\1�
009610298 �n7 M 009609880 r1 009604671
KI+R,LAND 1 KFR,L ) SCOTF,DOLORES
72880 f WAKING DR C13 728 RED WARING DR C13 355 N AVENIDA CABALLEILOS 18
PAI. F:SF:K l', CA 92260 Y M DESERT,CA 92260 YAL[vI SI'RIN(.iS,CA 92262
009606957 009600765 009604663
HARLAN LEE COMPANY STFVF.NS,ARNOLD MASCOW,BROWNEY & SHARON K
43M PARK VIC'ENTE 3.500 T.AKESIDL CT 140 239 W CEDAR ST
CALADASAS,C'..A 91302 RENO, NV 89509 BOYNE CITY,MI49712
009604668 009604670 009014085
WHI L JOIIN D WASKO,BARBAR A O DEL.GRAND 11
355 N AVENIDA CABALLEROS 15 355 N AVENIDA CABALLEROS 17 600 W CHICAGO AVE 750
PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 CHICAGO,IL 60654
009605500 009610559 009600764
T.OVF,PA'I'R1C1A ANN MORR,ANGFT.RS MANASTER,BURTON S
21911 SOUTHGATE I'O BOX 20192 1154 F.CASA VERDE WAY
MISSION VIEJO,CA 92692 JACKSON, WY 83001 PALM SPRINGS,CA 92202
009604660 009604662 009614084
MLTMTAR,AAMF.R HOLLINGSWORHI,.TITI.DIANE DEL GRANO 11
4713 N BEACON ST I S 240 ROSEMONT ST 600 W CHICAGO AVE 750
CHICAGO, IL 60640 LA JOLLA,CA 92037 CHICAGO, 11.60654
009611303 009614090 009614086
MORR,ANCTFLFS DEL GRANO II DEL GRANO II
PO BOX 20182 600 W CHICAGO AVE.7.50 600 W CIIICAGO AVE 750
JACKSON, WY 83001 CHICAGO,IL 60654 CHICAGO,TT.60654
00961,1097 0096U46( )"' ' 009604669
DFI,GRANO 11 I1A55 .'ON,KF.VIN S1'EIGER,JOHN A&MARY FIRUST
600 W CHICAGO AVI::750 118 � MOORPARK ST B 3138 SKYI.TNF.DR
CHIC:AGO,IT,60654 S JDIO CITY,CA 91604 OCEANSIDE,CA 92056
009604812 009614061 009614070
T,IJRIA RF..AIA Y CO INC UPTOWN 4 TOWNT-TOMES O&M
1415 N SFINRISF.WAY 48 :3194 AIRPORT LOOP T)R C1 I MACARTIIUR PT.300
PALM SPRINGS,CA 92262 COS'1 A MESA,C'A.92626 SANIA AN.A., CA 92707
009614088 0(19614089 009004665
DEL GRANO 11 DEL GRANO II CARTWRIGHT,DENISE W TRUST
600 W C1IIC.A60 AVF',7.50 000 W CHICAGO AVE 750 .3.55 N AVENIDA CAHAI.I.I?ROS 12
CHICAGO, IL 60654 CIIICAG0, 11,60054 PALM SPRINGS, CA 92262
009604666 00961403 009614071
CRAIN,BRIAN .I&JOYCE C DEL GRANO II BANKUNI'T ED FSB
32748 111TII PI.,SE 600 W CHICAGO AVE 750 7815 NW 148TII ST
AUBURN,WA 98092 CITICAGO, IL 60654 MIAMI LAKLS,FL 330V,
Allt
009614062 009614060
009614 4
I1P'1'OWN4TOWNHOMES UP'TOWN4TOWNHOMES IDI „CAROL
3194 AIRPORT LOOP DR C1 3194 AIRPORT LOOP DR C1
COSTA MFSA, CA 92626 COSTA MESA., CA 92626 '
009614064 009604654 009614067
11EN,JAMIN,DEAN T&KATHERINE A SFONDOITRiS,NICK&MARION TRITST BARKER .I.IAM R
8090 MULHOLLAND DR 3531 LABURNUM CT PO B 69130
LOS ANGELES,CA 90046 NORTHBROOK,Ii.,60062 W T HOLLYWOOD,CA 90069
009604672 009604673 009614078
FRANKLIN,RONALD E&ESTIIER R GRAY,GLADYS G TRUST DEL GRANO 11
1123 ASB URY AVE 355 N AVENIDA CABALLEROS 20 600 W CHICAGO AVE 750
EVANSTON,T1.60202 PALM SPRINGS, CA 92262 CITICAGO,IL 60654
009614082 009614063 009614081
DEL GRANO 11 KOCH,RICIIARD D TRUST DF,L•GRANO 11
600 W CHICAGO AVE 750 4694 50TII ST 600 W CIHCAGO AVE 750
CHIC:AGO, IL 606.54 SAN DIEGO, CA 92115 CHICAGO,TT,60654
009604655
009614076 009614065 q M CIIURCH,CHRISTOPHER J 8c SHEKYL
DEL GRAND II TTSRO •KKY �`- J -
600 W CHICAGO AVE 750 313 KEELSON DR 1003 5433 SE SCENTC LN 200
CTITCAGO,1L 606,14 INF,CA 92612 VANC;OT7VER,WA 99661
(J09(i04656 009604657 009604658
CRANF.,JAMES A&DF,I.PHA L D1TC:KFT.SON,SIDNEY S &JOSL:PIIINF.•. IR1:E,BETTY M TRUST
22944 FINCH ST TRUST 2424 BADAJOL PL A
1655 ROXANNA RD NW
GRANT)TERRACE,CA 92313 CART SBAD,CA 92009
WASI-11NGTON,DC 20012
009604659 009614079 009614077
ARRAGE,KERI DEL GRANO lI DEL GRANO II
355 N AVENIDA CABALLEROS 6 600 W CHICAGO AVE 750 600 W(.IHICAGO AVE 750
PALM SPRINGS,CA 92262 CIIICAGO,IL 60654 CHICAGO IL 60654
009614066 009614080 009614075
GLILNKF,NANC'.Y RAE TRUST DEL GRANO TT 0 & M
PO BOX 2373 600 W CHICAGO AVE 150 1 MACAR'IIIUR P1.300
DEL MAR.CA 92014 CHICAGO,IL 60654 SANTA ANA.CA.92707
009614077. 009614069 009614073
MOR(iAN,MIC.TIARI,K NORM FNT,ROBERT J IIot COMII,IIMMY W
400 N AVENIDA CARA),LLROS 13 400 N AVENIDA CABALLEROS 9 1820 WINDING OAKS DR
I'AI,M SPRINGS.CA 92262 PALM SPRINGS, CA 92262 ORLANDO, FL 32825
009614009 507213004 507213010
ALIER,ROXANN,A M PRINCE,SIDNF,Y ❑ WP.NDLLBORG,KIIRT C
400 N AVIINTDA CABALLEROS 10 555 N AVENTDA CABALLEROS .540 N CAMINO RFAI,
PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262
507274002 507213013 507271005
ME2HOLDING BUNK.FR,DANIHLW IRWIN,KENNETIIF
8754 VINMAR AVE 124 TURQUOISE WAY 1077 F.GRANVIA VALMONIE
RANC:JLO CUCAMONGA, CA 91730 SAN I ICANCISCO, CA 94131 PAINT SPRINGS,CA 92262
507271006 507271007 507271008
IRWIN,KENNL'Ill F KRFCHMAN,GOLDIL WI'1"I'ENAU,MICSIAF..1.VON
1077 E GRANVIA VAL.MONTF 1050 E VIA COLUSA 1020 L VIA COLUSA
PALM SPRINGS,CA 92262 PALM SPRINGS, CA 92262 PALM SPRINGS,CA 92262
507213006 507272013 507273001
PORTER,CHRISTY IHDF.,JANF.T HANLL-Y,LI:ON TRUST
521 N AVENIDA CABALLEROS PO BOX 2131 1033 E VIA COLUSA
PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92263 PALM SPRINGS, CA 92262
50127300.1 507273004 507273005
RFC'ORD BRUCE H C:MM PROP CO I.OWERY,MARTTN C
107.5 E VIA COLUSA 1801 W 9TH ST 1090 E ALEJO RD
PALM SPRINGS,CA 92262 SAN PEDRO, CA 90732 PALM SPRINGS,CA 92262
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SIGMUND,GJ,FNN R LIVING"lRUS'l DESERT WATER AGENCY DFMJANY,JOAN
PO BOX'2446 PO BOX 1710 1055 F.VIA COLUSA
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R011RI EZ,VICTOR R �� KROGER,WILLIAM S &.JIMMY LOUISH: 0&M
1 TRUST4875 Al Cy A ST 1 MAC.ARTIJUR PI,300
L AN(rF1.F5,CA 90041 1D40 L ALEJC)Rh SANTA ANA,CA 92707
PALM SPRINGS, CA 92262
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O&M OCONNFLL FAMJL.Y TRUST HANSON,CHERYL
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AIIMFD,IQBAL. BALTMGARTNFR,GARY K IIFRMAN,ANDREW H LIVING TRUST
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CAR.INO,F.RNFS'1'0& BE'l I Y ALFJO VISTA HOMEOWNERS ASSN 50804018
11(1l1 W AL1:JO RD INC LISA.BiA
VIS
PALM SPRINGS,CA 92262 PA M SPRINGS,
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, PAI.A4 SPRINGS, (:A 92262
508038001 5090.39005 508038006
GOLDSMITIT,ALVIN &.1HRENE IIAIIL,E,DAJZRON A M 'I'RL1S`1' RFRRY-MACGRHGOR,SHERRY
505 L"T9T'1I ST 15F 952 ALEJO VIS 112-32. AVFNLJF S
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LFF,HART.AN MCNEIL,GERI M DI AMANT,STF.VF& DOR1S
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SANTA ROSA,CA 95404 PALM SPRINGS, CA 92262 SANTA FF, NM 87501
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I..FF,HARLAN LEE,HARLAN COMMON LOT
1103 F. ALF.JO RD 3750 S 188TH LN PO BOX 1.549
PALM SPRINGS,CA 92262 SFATAC,WA 98188 NLWPOR'1 BEAC11, CA 92659
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USA 508 SMITII,II C.AMERON LEEJIARLAN
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LEE,IIARLAN CARLSON,GARY B TRUST ALEJO,C ALLEROS
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O&M ALEJO VISTA HOMEOWNERS ASSN HARL.AN L.F.F.CO
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SIMPSON,CHART.FS LLL,HARLAN LEE,HARLAN &RUBEN SANDY
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PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92262 VAN NT.TYS, CA 91401
508500054 508038009
IIARLAN,LLE XRTN
07 MERKL,LAWRLNCE EDWARD
446 N GREENHOUSE WAY AN,FDWARII&MARIF. 951 AL.FJO VIS
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508038010 508500042 508.500043
WIESNERJOIIN V KARTON,MTTCIIELL ALAN IIARLAN,LEE
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PALM SPRINGS,CA 92262 SEA TLE, WA 98144 PALM SPRINGS, CA 92262
508500047 .508034013 503540021
j MINCLMOYER,MICHAF.I. 1.&. PATTI S CITY OF PALM SPRINGS USA 508
623 NW 83RD ST PO BOX 2743 PO BOX 2245
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LEE,H AN � LEE,IIARLAN KENNELLY,JOHN G &CAROL S
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P SPR.TNGS,CA 92263 PALM SPRINGS,CA 92262 RFDONDO BF.ACl1, CA 90277
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HARLAW LEE CO LF.E:.HARLAN USABIA
448 N GREENHOUSE WAY 19 DOGWOOD ST 355 N AVENIDA CABALLEI:t08 1
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508540002 508540003 508540004
USA BIA USA 508 USA BiA
355 N AVENIDA CABALLEROS 2 PO BOX 2245 355 N AVFNIDA CABALLELWS 4
PALM SPRINGS,CA 92262 PALM SPRINGS, CA 92263 PALM SPRINGS, CA 92262
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USA 508 USA 131A USA 508
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PALM SPRTNC7S,CA 92263 PAT,TvI SPRINGS, CA 92262 PALM SPRINGS,CA 92263
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USA BIA USA 509 USA BIA
355 N AVENIDA CA13ALLLROS 8 PO BOX 2245 355 N AVENIDA CABALLEROS 10
PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92263 PALM SPRINGS, CA 92262
508540011 508540012 508540013
IJSA BIA USA BIA USA BIA
355 N AVENTDA CABALLEROS 11 355 N AVENIDA CABALLEROS 12 355 N AVENIDA CABALLEROS 13
PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 PALM SPIUNGS, CA 92262
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USA BRA USA 508 USA 50H
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PALM SPRINGS,CA 92262 PALM SPRINGS, CA 92263 PALM SPIUNGS, CA 92263
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USA BIA USA BTA USA BIA
355 N AVFNTDA CABALLEROS 18 35.5 N AVENIDA CABALLEROS 1.9 355 N AVENIDA CABALLEROS 20
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508.580045 509590064 508580065
USA 509 USA 508 USA 508
PO BOX 2245
PALM SPRINGS,CA 92263
508580066 508.580067 .508580068
USA 508 USA 508 IJSA 508
508580069 508580071 508580074
USA 508 USA 508 TNA .508 .
PO BOX 2245
' PALM SPIUNGS,CA 92263 '
/0k-1 ?A-< eC *. 7. 1n
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USA 508 D1 IAN LLC LEE,IIARLAN
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CATHL'Y,MICIIAEL G &.KATIIRYN LEE,HARLAN FLATLEY,JOAN IIET,BTO
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508500061 508500048
508581050 LLL,HARLAN LFE,HARLAN
USA BIA 699"HIGIIWAY 1 1 1 210 23811 AL1SO CREEK.RD 55
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USA BIA LF..F.,HARLAN BARTII,GRANT L
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508581056 508500051 508.581058
USA BIA L.E.E,HARLAN USA BIA
212 W WASHINGTON ST 909
CHICAGO, IL 60606
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ED W ARDS,W 1LLIAM J HARLAN,= HARLAN LLL
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PALM SPRINGS,CA 92263 '
508590049 508580050 508580051
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509580052 5085800.53 50S5800.54
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' ' PALM SPRINGS, CA 922.63
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PO BOX 2245 PO BOX 2245 PO BOX 2245
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PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263
508.580061 508580062 508580063
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PO BOX 2245 PO BOX 2245 PO BOX 2245
PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263
508580042 509580043 508580044
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400 N AVENIDA CABALLEROS UNKNOWN U
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509500040 508500041
IIARL,AN,I.FF CIIASE,STUART&' REGINA USA BIA
3500 LAKFSIDE CT 140 102.5 LFA DR
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RFNO,NV 89509 SAN RAFAFL,CA 94903 '
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PO BOX 2245
PALM SPRINGS,CA 92263
Alex�mj 7. /a
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HARL.ANLEE CO USA 508 USA BIA
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F.I.SEGUNDO, CA 9024.5 PALM SPRINGS,CA 92263 '
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USA BIA USA BIA USA BIA
508591072
508581070 .508581071 USA 508
USA BIA USA BIA PO BOX 2245
' PALM SPRINGS,CA 92263
508581073 508.591074 USA 5 046
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' PALM SPRINGS, CA 92263
508581053
508581048 509581052 MCCUTCHAN,JOHN A TRUST
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PALM SPRINGS, CA 92262
508581057
508591054 508581055 USA 508
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' I'AT.M SPRINGS,CA 92263
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PALM SPRINGS,CA 92262 J ERSEY CITY,NJ 07305
508500056 508500057
Page 6 HARLAN LEE CO LEE,HARLAN
444 N GREENHOUSE WAY 525 BOB HOPE DR
PALM SPRINGS,CA 92262 BIJRBANK,CA 91505
508500058 508500060 508500046
CATHEY,MICHAF.I.G& KATHRYN LEE,HARLAN FI.ATI.FY,JOAN HELBIG
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508500061 508500048 508500049
LF.F.,HARLAN LEE,HARLAN LEE,HARLAN
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RANCHO MIRAGE, CA 92270 LAGUNA NIGUEL, CA 92677 SPOKANE,WA 99203
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BARTH,GRANT Z L EF.,H A RLA N ED W A RDS,W I I.I.I AM J
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BEAVERfON,OR 97076 CHICAGO,IL 60606 CLEVELAND, OII44120
508500063 508500064 508500065
HARLAN,LEE HARLAN LEE LEE,HARLAN
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508500066
I.EE,HARLAN
8017 RAY FORD DR
LOS ANGELES,CA 90045
508500040 508500041
Page 7 IIARLAN,LF.F. CHASE,STUART®INA
3500 LAKESIDE CT 140 1025 LEA DR
RENO,NV 89509 SAN RAFAEL, CA 94903
508500067 508581053
Page 8 IIARLANLEE CO MCCUTCIIAN,JOHN A TRUST
333 RICHMOND ST 353 N HERMOSA DR 7C1
EL SEGUNDO, CA 90245 PALM SPRINGS,CA 92262