Loading...
HomeMy WebLinkAbout9/17/2008 - STAFF REPORTS - 1.B. Page 1 of 2 Kathie Hart From: Ken Lyon Sent: September 17, 2008 3:56 PM To: Kathie Hart Subject: FW: Nichols Building - Case 5.1110 PI] 327/TTM 35999 Kathy, can you add this third letter to the packet For tonight? Thank you. Ken Lyon, Associate Planner City of Palm Springs Department of Planning Services 320D Tahgwtz Canyon Way Palm Springs CA 92263 Phone 760 323 8245 Fax 760 322 8360 "Make no small plans; they have no magic to 56r men's blood and probably won t be realized Make big plans,arm high In your work and in hope Let your watchword be Order,and your beacon Beauty" -Daniel Burnham,Architect and Planner From: Rodney Slusser [mailto:redrexl@earthlink.net] Sent: Wednesday, September 17, 2008 3:46 PM To: Ken Lyon Cc: Patti Shaffer Subject: Nichols Building - Case 5.1110 PD 327/TTM 35999 From: Rodney Slusser Date: September 17,2008 2:18:43 PM PDT To: ken lyong_palmsprmgs_ca,gov Subject: Nichols Building-Case 5.1110 PD 327/TTM 35999 Dear Mr. Lyon, My name is Rodney Slusser and I reside at 155 W. Hermosa Place, Unit 5, Palm Springs, CA 92262 - also known as Villa Hermosa. I am unable to attend the Planning Commission Meeting this evening but want to make certain I voice my opinion on the Nichols' proposed development. I am in complete support of the Nichols/Cioffi building plans that were submitted and approved by the Planning Cotmmission at its regular meeting on Wednesday, August 13th. I was properly Noticed by the City of Palm Springs of this meeting, but was unable to attend. Thank you very much for your assistance - 1 am sorry that 1 cannot attend this important meeting to voice my approval. Rodney Slusser 155 W. Hemlosa Place, 45 Patin Springs, C.A. 92262 (760) 322-5275 hm 09/17/08 Page 1 of 1 Ken Lyon From: Patti Shaffer[pattishaffer@gmail.com] Sent: Wednesday, September 17, 2008 2:19 PM To: Ken Lyon Cc. Marlene Blackwell, Rod Slusser, Hall, Jon, Sergio Herrera Subject: Nichols Building - Case 5,1110 PD 327/TTM 35999 Dear Mr. Lyon, My name is Patricia Shaffer and I reside at 155 W. Hermosa Place, Unit 7, Palm Springs, CA 92262 - also known as Villa Hermosa. I am unable to attend the Planning Commission Meeting this evening but want to make certain I voice my opinion on the Nichols' proposed development. I am in complete support of the Nichols/Cioffi building plans that were submitted and approved by the Planning Commission at its regular meeting on Wednesday, August 13th I was properly Noticed by the City of Palm Springs of this meeting, but was unable to attend. Mr. Nichols has spent a lot of time and money on this project and has made himself available to take my calls, answer questions and meet me in person to go over the project. I have had several calls and meetings with Mr. Nichols over the last few months and am excited to see this mixed-use project get underway - it will certainly be good for me, my neighbors and the Palm Springs community. Thank you very much for your assistance - I am sorry that I cannot attend this important meeting to voice my approval. Patricia Shaffer 155 W. Hermosa Place, #7 Palm Springs, CA 92262 (760) 327-8389 hm (760) 898-3896 cell pattishafferRgmail.corn p.s. I was properly Noticed about this project from the City of Palm Springs and do not want to see this project delayed because others did not make time or effort to review the plans with Mr. Nichols or the City of Palm Springs. AAa;k,or\oLk %OAwl ar 9/17/2008 Ken Lyon From: Hall, Jon IJHaII@platinumequity.com] Sent: Wednesday, September 17, 2008 328 PM To: Ken Lyon Subject: Nichols Building - Case 5 1110 PD 327/TTM 35999 I4en Lyon Associate Planner City oz Palm Springs Department of Planning Services 3200 Tahquitz Canyon Way Palm Springs, CA 92263 Dear Mr. Lyon, My name is Jon Hall and I live at 310 Villaggic nest, Palm Springs, CA 92262 also know as The Villas. I have been an owner since 2006 and have been visitinq Palm Springs for over 90 years with family and friends. This valley is extremely important to me and I write you with only the very best- of intentions. Since I am unable to attend the Planning Commission Meeting this evening I wanted to make certain that my opinion was made known regarding the following important protect . I am in complete support of the Nichols/Cioffi building plans that were submitted and approved by the Planning Commission at its regular meeting on Wednesday, August 13th. I know a number of individuals that have been very pleased with their dealings with Mr . N7,chols and I am equally excited as my associates that this will be very good for Palm Springs and its redevelopment on Palm Canyon. Honestly, we all know we need many more projects like this to improve our community. I encourage more top quality pro]ect5 like this to be developed here. I applaud the efforts of Mr. Nichols both with his time and money that he has expended to make this a reality. Let 's approve this finally and get more development moving in Pal.m Springs especially during these uncertain times. Please call me at 310/ 968-7017 if you have any questions. Best regards, Son W. Hall 310 Villaggio East Paim Springs, CA. 92262 1 Dip ALM$.* N a qL/FOBN� CITY COUNCIL STAFF REPORT z m DATE: September 17, 2008 PUBLIC HEARING 0 SUBJECT: AN APPLICATION BY JAMES CIOFFI FOR NICHOLS PROPERTIES, INC FOR TENTATIVE TRACT MAP 35999, AND PLANNED DEVELOPMENT DISTRICT 327, TO ESTABLISH NEW DEVELOPMENT STANDARDS FOR A MIXED USE PROJECT AT 901 NORTH PALM O CANYON DRIVE, ZONE C-1/R OVERLAY, SECTION 10 M FROM: David H. Ready, City Manager C BY: Department of Planning Services m r O SUMMARY MO The City Council will consider a proposed preliminary Planned Development District 9 application and Tentative Tract Map application for condominium purposes (TTM M 35999), for the development of a mixed-use project with residential and commercial condominium units, off-street parking and landscaping on a 0.55 acre site at 901 North z Palm Canyon Drive. The Planning Commission reviewed and approved the preliminary and final PDD on August 13, 2008 subject to conditions of approval and voted to recommend approval of the Tentative Tract Map by City Council subject to conditions of approval- RECOMMENDATION- 1. Open the public hearing and receive public testimony. fA 2. Adopt Resolution No. _ "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NUMBER 5.1110, TENTATIVE TRACT MAP 35999 FOR CONDOMINIUM PURPOSES, AND — PLANNED DEVELOPMENT DISTRICT 327, FOR THE DEVELOPMENT OF A n —MIXED USE DEVELOPMENT COMPRISED OF RESIDENTIAL AND COMMERCIAL CONDOMINIUM UNITS AT 901 NORTH PALM CANYON DRIVE". ITEM NO. City Council Staff Report Septernoer 17.2005 Case:5.1110 PD 327 TTM$5999 Page 2 of 4 PRIOR ACTIONS: On May 22, 2006 the Architectural Advisory Committee (AAC) reviewed the project and ll` ' voted 6-0-1, (abstention Cioffi), to recommend approval a On January 24, 2007, the Planning Commission approved the project and Z recommended approval to City Council by a vote of 4-1-2, Against: Scott; Abstained: Z Hochanadel, Hutcheson. m On February 20, 2007 the applicant requested the withdrawal of the project from the City Council agenda to be continued to an indefinite date. On January 22, 2008, the Architectural Advisory Committee reviewed a revised scope of work and recommended that the Planning Commission approve the project 4-0-2 (Sahlin, CiofFi abstaining) with recommendations that the applicant has agreed to O incorporate into the project; m On August 13, 2008, the Planning Commission reviewed the project and voted to C approve the preliminary and final planned development district and to recommend that m the City Council approve the preliminary planned development and tentative tract map, r subject to the attached conditions of approval. O PROJECT DESCRIPTION The building is a two story structure bisected by a covered passageway and gathering space. The passage connects the four retail space entrances on the Palm Canyon elevation to the parking lot west of the building. Horizontal shade canopies are provided m along the Palm Canyon Drive side of the building to partially shade the large areas of Z glass storefront. Raised landscape planters are located in various parts of the project. The planters that encroach into the public right of way will require an encroachment license from the City's Engineering Department. The second level contains the three residential units and one office unit. Each of the four units at the second floor has an individual enclosed stairway to provide access to the unit from the parking lot. Individual doors connect these stairways to each of the — four commercial units on the first floor, thus creating a possible live-work arrangement Cn for the occupants of the three residential units. All second floor units have balconies on both the east and west sides. STAFF ANALYSIS: — General Plan, Zoning and Subdivision 0 -•I The General Plan designation of the subject site is Neighborhood/Community Commercial (NCC). According to the General Plan, City Council Staff Report September 17,200B Case 5 1110 PD 327 TTM 35999 Page 3 of 4 NCC areas provide an opportunity for convenience commercial uses that ro serve adjacent residential neighborhoods. The commercial opportunities created under this designation are intended to be an integrated element of r the neighborhood, providing to nearby residents services such as dry n cleaners, grocery stores, bakers, bank and post office branches, bookstores, drugstores, and smaller-scale restaurants. Harmonious Z relationships between these commercial uses and adjacent residential Z uses shall be achieved through compatibility of site design building scale pathways and circulation design and architectural treatment of structures. Ill Staff believes the proposed project is in harmony with the General Plan. It is also reflective of the type of projects identified in the General Plan as desirable for this area of the City. The zoning designation is C-1, which allows a variety of commercial and retail uses including residential uses subject to the R-3 development standards. The applicant is m proposing a density of approximately 10.1 units per acre, which is well below the C threshold of 15 units per acre allowed within the R-3 zoning designation. m The proposed project is also within the "R", (Resort-Combining Overlay) zone. The r project conforms to the permitted uses for the C-1 zone. The Zoning Ordinance states that the "R" resort overlay zone is intended primarily to provide for accommodations and Q services for visitors, while guarding against the intrusion of competing land uses. Staff believes the proposed uses are consistent with the intent of the "R" overlay zone as described in the findings of the draft resolution. The project is submitted as a PDD to allow the proposed mix of uses which is not m otherwise accommodated in the zoning ordinance development standards and to adjust Z the following development standards in response to the unique nature of the proposed development: • Front yard setback. The project proposes no front yard; the front of the building is on the front property line. • Side yard setbacks. The project proposes side yard setbacks roughly half of what is required for the R-3 zone. (No side yard is required in the C-1 zone). -- • Open space yard (outdoor living space). The project proposes 25% usable cn outdoor recreational, landscape and outdoor living space. • Height. The project proposes a height that conforms to the C-1 zone, but does not conform to the R-3 zone. Staff believes the requested deviations from the development standards for the zone 0 are reasonable and enhance the overall nature of the development. -I City Council Staff Report September 17,2008 Case 5 1110 PD 327 7TM 35999 Page 4 of 4 A more detailed analysis can be found in the attached Planning Commission Staff Report. Findings in support of approving the proposed project are included in the attached draft resolution. h ENVIRONMENTAL ANALYSIS a Z Pursuant to Section 15332 of the CEQA guidelines, the project is considered a Class 32 Z in-fill development meeting the conditions for categorical exemption because the project is consistent with the applicable policies of the general plan and zoning designation, the Ill project is less than five acres, the project is not considered a habitat for endangered, rare or threatened species, approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality, and the site can be served by all utilities. m r`�g wing, Al Thomas Wilson, Assistant City Manager Direc or of Pla irf� ng �ervices Development Services C �.� m David H. Ready, City Mana O Attachments: 1. Vicinity Map 2. Draft Resolution and Conditions of Approval 3. Planning Commission Minutes Summary dated 8-13-08 m 4. Planning Commission Staff report & resolution dated 8-13-08 Z 5. TTM 35999, Site Plans & Elevations O N 0 Department of Planning Services vv+E- V' Vicinity Map s 0 z FC TACHEVAH DP VIA I Of A } J a z 0 H 7 c _HERMO PL -.- �� - P_ _ DA im w OU 4. Legend Prot ect Area t1 \ MNI�pf,�,,�PN Created 400 Buffer CITY OF PALM SPRINGS CASE NO: 5.1110 PD-327 DESCRIPTION: To consider an application by Cioffi Architects for Nichols Properties, proposing a two-story APPLICANT: CiofA Architects for mixed-use commercial / residential building with covered Nichols Properties parking and associated landscaping on an approximately 24,167 square foot lot at 901 North Palm Canyon Drive, Zoned C-1/R-3, Section 10. APN: 505-263-006- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1110 PLANNED DEVELOPMENT DISTRICT 327 AND TENTATIVE TRACT MAP 35999 FOR CONDOMINIUM PURPOSES FOR A MIXED USE DEVELOPMENT OF RESIDENTIAL AND COMMERCIAL USES INCLUDING OFF-STREET PARKING AND LANDSCAPING, ON APPROXIMATELY 0.55 ACRES, AT 901 NORTH PALM CANYON DRIVE, ZONE C-1/R COMBINING ZONE, SECTION 10, WHEREAS, Nichols Properties, Inc. (the "Applicant') has filed an application with the City pursuant to Section 94.03.00 (E) of the Palm Springs Zoning Code, for the establishment and development of Planned Development District 327; and WHEREAS, the Applicant has filed an application with the City pursuant to Section 9.62,010 of the Palm Springs Municipal Code, for Tentative Tract Map 35999; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case 5.1110, consisting of Planned Development District 327, Tentative Tract Map 35999, and project architectural approval was given in accordance with applicable law, and WHEREAS, on August 13, 2008, a public hearing on the application for Case 5.1110 consisting of Planned Development District 327 and Tentative Tract Map 35999 was held by the Planning Commission in accordance with applicable law; and WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the Planning Commission considered the effect of the proposed project on the housing needs of the region, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources; and WHEREAS, the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented and voted 6-0-1 to approve Case 5,1110 PD 327 and recommend approval of Case 5.1110 PD 327 and TTM 35999 to the City Council. WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Case 5.1110, Planned Development District 327 and Tentative Tract Map 35999 was given in accordance with applicable law; and r• Resolution No September 10, 2008 Page 2 WHEREAS, on September 10, 2008, a public hearing on the application for the Planned Development District and Tentative Tract Map was held by the City Council in accordance with applicable law; and WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the City Council has considered the effect of the proposed project on the housing needs of the region, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources: and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1: Pursuant to Section 15332 of the CEQA guidelines, the project is considered a Class 32 in-fill development meeting the conditions for categorical exemption because the project is consistent with the applicable policies of the general plan and zoning designation, the project is less than five acres, the project is not considered a habitat for endangered, rare or threatened species, approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality, and the site can be served by all utilities. Section 2: Pursuant to Section 94.03.00 (Findings for a Planned Development District), as outlined in Section 94.02.00(B)(6) (Conditional Use Permit) of the Zoning Ordinance, the City Council finds: a. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code; The uses applied for at the subject location are ones that are authorized by the zoning code because commercial uses including restaurants, general retail, and office uses are permitted in the C-1 zone. The multi- family residential use proposed at this location is permissible because this parcel is located within the R (Resort) overlay zone and multi-family residential uses are permitted with a CUP subject to certain findings in the R overlay zone. b. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located; 07 Resolution No. September 10, 2008 Page 3 The proposed uses are desirable for the development of the Uptown District because such uses are identified as suitable and appropriate for this neighborhood in the General Plan discussion of the Uptown District. Uptown comprises a unique corridor of regional-serving art galleries, design furnishings establishments, specialty shops and restaurants, while maintaining a consistent pattern of development that also serves the adjacent neighborhoods of Las Palmas, Vista Las Palmas and the Movie Colony. The proposed uses are in harmony with the various elements and objectives of the general plan for this area because they are the type of uses described as desirable for the Uptown area. The proposed uses are not detrimental to existing or future uses specifically permitted in the zone because they are the type of uses specifically permitted in the C-1 zone and as described in the General Plan discussion of the Uptown District. The proposed uses and type of development are complementary with existing development and uses in the neighborhood and will provide useful commercial serves to the adjacent residential neighborhood. C. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood; The project is located on a rectangular vacant lot approximately 0.55 acres in size and fronts North Palm Canyon Drive. It is adequate to provide the required off-street parking needs for the proposed development. The site is adequate in size and shape to accommodate the proposed uses and the height and density of the proposed development is consistent and similar to other buildings in the neighborhood. Many properties on North Palm Canyon Drive are built with zero front lot lines, and commercial and residential uses are combined in a similar way as is proposed with this building; with residential units with balconies over first floor retail/commercial uses that front North Palm Canyon Drive. Based on the neighborhood character, the proposed setbacks, walls, landscaping and other features are compatible with the existing adjacent properties. d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use; In addition to its Palm Canyon frontage, the site fronts two side streets, Alameda and Hermosa, from which off-street parking access can be provided without adversely affecting traffic flow on those side streets or Palm Canyon, Palm Canyon Drive is a major thoroughfare and confirmed Resolution No September 10, 2008 Page 4 in the General Plan Future Traffic Analysis to continue to function at acceptable levels of service (LOS) at buildout. e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. Such conditions may include., A set of proposed Conditions of Approval accompany this resolution. Section 2: Pursuant to Section 92.25.00 (C) (Finding for the R overlay zone) of the Palm Springs Zoning Ordinance, the City Council finds; that the proposed use is compatible with its surroundings and that the site in question is not appropriate for other uses allowed by right within the underlying zone. The site in question fronts the major thoroughfare of North Palm Canyon Drive. In this area, known as the Uptown District, a variety of buildings exist with a similar density, and mix of both residential and commercial uses. As noted in the General Plan, the Uptown District is a unique neighborhood with a collection of offices, galleries, restaurants, and various neighborhood-serving commercial uses at a relatively low scale and density. Within the Uptown neighborhood several land use designations exist, including "mixed use/multi use". Although the subject site is not so designated, the proposed development, with its mix of residential, office, cafe, and retail represents a type of development and uses that are complementary to the existing and developing uses in the neighborhood. It is typical of the type of desired development described in the General Plan description for the Uptown area. The proposed building is consistent in height and general bulk with the maximum allowable height and density standards for the zone. It maximizes off-street parking in an area of the City that has somewhat limited off-street parking accommodations. As one of few remaining vacant sites in the area, the site may be appropriately described as an "infill site". Such sites usually are usually best developed with uses and building densities that reflect the existing development in the neighborhood, which this proposed development does. For these reasons, the site is appropriate for the uses proposed and there are no other more appropriate uses allowed by right within the underlying zone that should be considered. Section 3: Pursuant to pursuant to Section 66474 of the Subdivision Map Act. The City Council hereby finds: a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. (? Q Resolution No. September 10, 2008 Page 5 The proposed Tentative Tract Map is consistent with all applicable general and specific plans because the land use proposed of neighborhood serving commercial and retail uses is consistent with the NCC (Neighborhood Community/Commercial) land use designation. b. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. The design and improvements of the proposed Map are consistent with the allowable uses in the C-1 zone because the commercial, retail and residential uses proposed in this project are permitted uses in that zone. c. The site is physically suited for this type of development. The site is physically suited for this type of development because it is a generally flat site, fronting a major thoroughfare with existing surrounding development of commercial, retail and residential mixed-use development. The site is bounded on three sides by public streets which accommodates vehicular traffic in and out of the site without disruption. d. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The Tentative Tract Map has been reviewed under the California Environmental Quality Act, and as an infill site has been determined to be Categorically Exempt from CEQA. The site is within a neighborhood that has been fully developed for many years, and does not include any natural habitat. The project will therefore not damage or injure fish, wildlife or their habitats. e. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The proposed map, the design of the improvements and the type of development is not likel to cause serious public health problems. It is a commercial, retail, residential project that is harmonious with existing development in the Uptown district and is consistent with the objectives of the General Plan and general development standards for the zone. f 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. i' 0 Resolution No September 10, 2008 Page 6 There are no known public easements or access across the subject property, therefore the design of the subdivision will not conflict with easements for access through or use of the property. ADOPTED, this 10th day of September, 2008. MAYOR ATTEST: City Clerk i �t Resolution No. September 10, 2008 Page 7 CERTIFICATION: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on April 18, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California i .� City of Palm Springs Planning Commission Minutes of August 13,2008 was previously adopted on March 14, 2007, for this site and no further environmental documentation is necessary. Chair Hochanadel opened the Public Hearing: -Andrew Kann, civil engineer for the project, was available for questions from the Commission. ='k There being no further appearances, the Public Hearing u.'A ed. MIS/C (Scott/Caffery, 7-0) To recommend approvaj to-,!the;,City Coil pJi_ 313. Case 5.1110 PD 3271 TTM 35999 (Thi`'Nichols B'Ui,lding) An application by Cioffi Architects for Nichols Pr r`"' a two-story'' mixed-use commercial/residential building with cored parking and associated landscaping on an approxi to 24,167 square:(oot lot located at 901 North Palm Canyon Drive, ,Zone ~Section 10, �pN; 505-263-006. (Project Planner: Ken Lyon, Associate - A Chair Hochanadel noted a business-re`4 ted corifl'i'c ,-bfiAl terest and would not be participating in the discuss orj:'or vote. He I'e `th0 Couri'e'il�Chambor at 1:45 p.m. Ken Lyon, Assoctalksapnner,provided background information as outlined in the staff report dated August11p8. )` Chair Cohe�%.'gi�sf) traed if (Ie1AAC's reeoirmendations were taken into consideration. Staff responded tliat, trr. appiicarlt and design architect were amenable to the AAC's recoplFrjodations. ' ; Chair Col grj:;;opened the PU�lic Hearing. wV_a, -Jim Cioffi, proji "C, rchiteet"'representing the applicant, provided background information on the prior Plannf mmission approval andwithdrawal of the project. Mr. Cioffi noted that the oveffirmiad pool deck has been eliminated and essentially the project is designed as previously approved- -Daniel Argyros, one of the owners of John's restaurant, expressed support for the proposed project-, he felt this project is a great step for revitalizing North Palm Canyon. There being no further no appearances, the Public Hearing was closed. Commissioner Conrad spoke in favor of the project noting that this project is a true mixed-use project and is very well done. 4 n i eD City of Palm Springs Planning Commission Minutes of August 13, 2008 Commissioner Ringlein questioned if energy efficiency elements were incorporated into the project. Mr. Cioffi responded that provisions have been made for solar on the top roof and for the overhang extensions for shading. M/SIC (Conrad/Donenfeld, 6-0, 1 abstained/ Chair Hochanadel) To recommend approval of Case 5.1110 PD 327 and Tentative Tract Map 35999,to the City Council. Chair Hochanadel re-entered the Council Chamber 2:03 p.m 3C. Case 5.1160 P❑ 341 ! TPM 35989 (Cony ton Cente ommons) - An application by O 8: M Tahquitz, LLC, for a' 'ixed-use devel ' tjnent consisting of two hotels of up to 306 rooms, reta�Mommercial and o eIspace use. The proposed site is located on the''W'", thwest'r�.orner of Tah`gtit�tz Canyon Way and Hermosa Drive, Zone REO/C-1 A''A *SeeOn 14 (IL). AP`�1: 508-070- 028 and 040. (Project Planner: Edward O. loot-rtson, Principal Planner) Edward Robertson, Principal Plannd), ,re orted a m forandum from staff was Vw,,� t;S distributed to the Planning Commis��ona cfiammending1*eges to the project's conditions of approval- Mr. Robertson`provided'`6`dckground,rtnformation as outlined in the staff report dated August 13, 2008. "t •a 'f" Commissioner Scott4,� uues{ed.",clarification"b� the final calculation of open space. Mr. Robertson noted tFi - ith the:ii clusion of the decorative drives and auto courts the �.,-r• open space is 63% (eicc';e�ding,Ahe,high-rise 0111 r once requirement). Chair Hoch anadel:O ,gped tl3e°Public Hea�iiig: -Core,yF�rAlder, presicfpn of N'eXi1 Company, stated that they are in agreement Pl witKstafF�; "report and arew „ ailabI"s 'r questions from the Commission. There being hpjurther app',parances, the Public Hearing was closed. =N J Mr. Alder providEAtl a� u�k ier details on the sun and shadow studies conducted for placement of the sv�iriI ing pools, the landscaping for the courtyard space, fenestration and final elevation plans. Commissioner Conrad expressed appreciation for the height and density of the project. Discussion occurred on the construction phase, environmental and energy conservation and pedestrian linkage. 5 14 OF p p L M SA4 'y r y z �9`'FOR Planning Commission Staff Report z m Date: August 13, 2008 To: Planning Commission Application I.D.: Case 5.1110 PD 327 TTM 35999 The Nichols Building O Application Type: Planned Development District (PDD) & Tentative Tract Map m Location: 901 North Palm Canyon Drive C Applicant: Nichols Properties Cil r APN: 505-263-006 Q Zoning: C-1, (Retail Business Zone) & "R" (Resort Overlay Zone) General Plan: NCC (Neighborhood/Community Commercial) m From: Craig C. Ewing, AICP , Director of Planning Services z Planner: Ken Lyon, Associate Planner DESCRIPTION v The project application consists of a Planned Development District (PDD) to establish ._ new development standards for a site of 24,167 square feet, (approximately 0.55-acre), to be developed with a mixed-use project, and a Tentative Tract Map for condominium purposes to create residential and commercial condominium units, associated off-street parking and landscaping at 901 North Palm Canyon Drive. Final Planned Development approval is also requested at this time. RECOMMENDATION n --I That the Planning Commission: i � Planning Commission Staff Report August 13,2008 PD 327 Case 5 1110 TTM 35999 Page 2 of 15 1. Approve the preliminary and final Planned Development District 327, establishing new development standards for the parcel at 901 North Palm Canyon Drive, and recommend approval of the preliminary PDD to the City Council_ r 2. Recommend approval by the City Council of Tentative Tract Map 35999, a map for condominium purposes establishing four commercial units, one office unit and three Z residential units with associated off-street parking at 901 North Palm Canyon Drive. Z PRIOR ACTIONS m On May 22, 2006 the Architectural Advisory Committee (AAC) reviewed the project and 0 voted 6-0-1, (abstention Cioffi), to recommend approval On January 24, 2007, the Planning Commission approved the project and recommended approval to City Council (by a vote of 4-1-2, Against: Scott; Abstained: 0 Hochanadel, Hutcheson). m On February 20, 2007 the applicant requested the withdrawal of the project from the C City Council agenda to be continued to an indefinite date. M On January 22, 2008, the Architectural Advisory Committee reviewed a revised scope r of work and recommended that the Planning Commission approve the project 4-0-2 O (Sahlin, Cioffi abstaining) with the following recommendations; 1. Mechanical Enclosures on roofs have the opportunity to be smaller based on fewer numbers of units; may be relocated to the ground ic 2. Soften the North/South ends of the parking area with landscape design M 3. Confirm in writing the reciprocal parking agreement with the Church to the north will continue. 4. Encouraged to make the showroom glass more continuous at first floor level. --� 5. Consider doing something with the design at the midpoint of the parking to 'pull out' the courtyard presence into the parking area, to break up the expanse of paved area in the drive aisle of the parking area, consider different texture or color on the concrete at this point in the drive aisle. 0 6. Study the elevation of the shading devices relative to the top of the showroom windows; a bit too high, may reduce the effectiveness of the shading for east morning sun, and consider some sort of adjustable shading device. CD 7. Consider material or texture or color change for the spandrel area above the __q glass, and below the shade structure to liven up that fagade. X BACKGROUND AND SETTING 0 The site of the proposed project is relatively flat, with a slight slope upward from south to north. It is located in the Uptown Neighborhood and is presently vacant. The site is bounded by streets on three sides; located between Via Hermosa on the north, Palm Canyon Drive on the east, and El Alameda on the south. To the west, the lot abuts an existing two-story multi-family residential development. w� Planning Commission Staff Report August 13 2008 PD 327 Case 5.1110 TTM 35999 Page 3 of 15 ww" It 4 J_- lit. ► J. -- ~.' -rir+�-,..R .. ���i�y �� � B �vw-. •,fir- - �,� . �,yy�r 'r„ 71 A[ 901 North Palm Canyon Drive site (center of photo) North is to the right. Commercial bldgs surround the site with O multi-family residential and the Las Palmas neighborhood to the west(top of photo). The majority of the existing buildings fronting North Palm Canyon Drive in the vicinity of the project site are one and two-story buildings and range in height from sixteen feet to twenty-four feet. Several of the existing buildings in the vicinity of the proposed project m that front North Palm Canyon Drive are mixed use, with a combination of residential Z uses above first floor commercial uses. The existing residential buildings to the west are two story structures. An existing bus stop and shelter is located in front of the proposed building approximately fifteen feet from the corner of Hermosa Place. Table 1 below denotes the existing surrounding uses and the General Plan and Zoning designations of those adjacent parcels. O Table 1 Zoning and General Plan Designation and Adjacent Land Uses N Orientation Land Use General Plan Zoning North Commercial Neighborhood C-1 Central Retail Community Business Zone _ Commercial NCC South Commercial Neighborhood Community C-1 Central Retail Commercial (NCC) Business Zone East Commercial Neighborhood Community C-1 Central Hotel / Commercial (NCC) Retail Business Restaurant Zone Planning Commission Staff Report August 13,2008 PD 327 Case 5.1110 TTM 35999 Page 4 of 15 Orientation Land Use General Plan Zoning West Single- Estate Residential (0 — 2.0 R-2 Limited Multi- Family du/acre) family r Residential PROJECT DESCRIPTION Z The proposed project is a Tentative Tract Map for condominium purposes to create Z three (3) residential units, one (1) office unit on the second floor and four (4) m commercial/retail units on the first floor. The project proposes covered off-street 0 parking, landscaping, balconies, a shaded public gathering space and other open space. The project is submitted as a PDD rather than a Major Architectural to establish unique development standards for this site. The total building square footage of 14,835 square feet is comprised of the following 0 components: m First Floor: C Retail Spaces 1 & 4 (2 @ 1,562): 3,124 sf M Retail Space 2 (cafe) 1,476 sf Retail Space 3 1,476 sf r O Second Floor: Residential: Three, two-bdrm. units at 1,938 sf each = 5,814 sf Office Space 1 1,952 sf Equipment/Electric/Stairs & other: 993 sf Total building square footage: 14,835 sf M Building Description Z ^-I The building is a two story structure bisected by a covered passageway and gathering space. The passage connects the four retail space entrances on the Palm Canyon elevation to the parking lot west of the building. Horizontal shade canopies are provided along the Palm Canyon Drive side of the building to partially shade the large areas of 0 glass storefront. Raised landscape planters are located in various parts of the project. ._ The planters that encroach into the public right of way will require an encroachment U) license from the City's Engineering Department. --I The second level contains the three residential units and one office unit. Each of the X four units at the second floor has an individual enclosed stairway to provide access to the unit from the parking lot. Individual doors connect these stairways to each of the four commercial units on the first floor, thus creating a possible live-work arrangement 0 for the occupants. All second floor units have balconies on both the east and west sides. s� Planning Commission Staff Report August 13,2008 PD 327 Case 5 1110 TTM 35999 Page 5 of 15 Architecture and Exterior Materials The architectural style of the building is modern and the fagade colors are graduated r shades of brown and other earth tones. The exterior of the building will be finished in cementitious plaster with machine applied grooved texture on certain surfaces. Ground- face concrete block is used in a stack bond pattern on several areas of the building. Z By stepping back the second floor east wall, the balconies are accommodated without Z overhanging into the roadway right-of-way. The west wall of the first floor level is also m stepped back from the alignment of the upper floor by roughly twelve feet. This, along with the west-side balconies, creates covered parking spaces for the eastern half of the off-street parking lot. Landscape and one space O The proposed landscape plan preserves the existing Washingtonia fillifera palm trees rn on Palm Canyon Drive, The remainder of the project proposes a water-efficient landscape plan comprised of trees, groundcover, bushes and landscape planters_ C ANALYSIS m r General Plan Consistency 0 The General Plan land use designation is Neighborhood/Community Commercial (NCC). According to the General Plan, M NCC areas provide an opportunity for convenience commercial uses that m serve adjacent residential neighborhoods. The commercial opportunities Z created under this designation are intended to be an integrated element of the neighborhood, providing to nearby residents services such as dry --I cleaners, grocery stores, bakers, bank and post office branches, bookstores, drugstores, and smaller-scale restaurants. Harmonious relationships between these commercial uses and adjacent residential uses shall be achieved through compatibility of site design building scale 0 pathways and circulation design and architectural treatment of structures. ^ The Zoning Ordinance provides procedures for evaluating Planned Development District conformity with the General Plan in the Conditional Use Permit Procedures --� Section 94-02,00 (A)(4) "Planned Development Districts" and (6b) "Findings"_ In evaluating a PDD's conformity with the General Plan, the Ordinance states that the Commission and Council shall find that "the use is...in harmony with the various elements or objectives of the general plan,..." 0 The General Plan identifies certain areas of the City as mixed-use/multi-use areas. One such area is Uptown, which is generally defined along North Palm Canyon Drive and Indian Canyon Drive from Alejo to Via Escuela. The project site is within the Uptown Planning Commission Staff Report August 13,2008 Pf]327 Case 5.1110 TTM 35999 Page 6 of 15 area. The General Plan notes, "The primary purpose of a mixed use center in the Uptown area is to generate a synergy between complementary uses that can ultimately result in a gathering place for residents and businesses in the northern end of the City." r-- Staff has identified the following policies and statements in the General Plan that relate to the proposed project: Z Policy LU4.6: Foster development of commercial centers and small-scale Z commercial retail in residential areas that encourage walkable connections M between retail and residential uses. v The proposed project provides a small-scale commercial center that is walkable from the adjacent neighborhoods and retail businesses along Palm Canyon. Policy LU6.2:Encourage new residential infill development_ O The proposed project provides new residential units on one of the last infill lots in this m neighborhood. C Policy LU8.1 Encourage new mixed/multi-use developments in areas that are Ill currently vacant or underutilized_ r The subject site is currently vacant and therefore underutilized. The project provides O new development that could invigorate the neighborhood. "U Policy LU8.7 On-site parking is encouraged to be accessed from side streets or E alleys to minimize traffic impacts on major streets and to avoid interruption in the Ill street-front design of commercial centers. Z The proposed project is consistent with this policy because the ingress and egress from --I the parking area is off a side street, thereby providing an uninterrupted street-front design. Policy CD12.7 Encourage the creation of small sitting areas and/or shaded courtyards within or close to shopping areas. _ The project provides a shaded paseo between the two halves of the building conducive U) to outdoor dining for the proposed cafe, or a gathering place for neighbors or retail —I users. Policy CD19.6 Locate ground-floor commercial uses near the sidewalk to provide high visibility from the street. 0 The project is consistent with this policy because it provides large storefront display windows with good visibility for vehicular or pedestrian traffic. 20 Planning Commission Staff Report August 13.2008 PD 327 Case 5.1110 TTM 35999 Page 7 of 15 Policy CD19.4 Locate commercial or office uses on the ground floor with residential or offices uses on the upper floors in vertical mixed-use projects. r The project conforms to this policy statement in its arrangement of commercial and a residential uses. Z Policy CD19.10 Ensure privacy for residents by providing each residential use with its own private space (such as balconies, patios or terraces) and larger Z communal spaces such as lobbies, central gardens or courtyards. m The project conforms to this policy because it provides private balconies for the residential uses and a central covered paseo for the retail/commercial uses. Action LU8.1 Require Planned Developments for new mixed/multi-use projects proposing a mix of residential and commercial uses. C7 As a mixed-use/multi-use project it has been submitted as a Planned Development m District. C Staff believes the consistency of the proposed project with the above-mentioned m policies support the conclusion that the project is in harmony with the General Plan. It is r also reflective of the type of projects identified in the General Plan as desirable for this 0 area of the City. `O Density and Intensity Evaluation. Floor Area Ratio (FAR) -_Commercial. Building intensities for non-residential Ill uses are determined by FAR. FAR is defined as the ratio of the total gross floor Z area of a building to the total lot area and describes the intensity of the use on a site. The NCC land use designation allows an FAR up to 0.35. The non- --I residential gross floor area of the proposed project is 6,552 sf and the net lot area is 24,167 square feet, thus the FAR for this project is 27%, and is conforming. v Dwelling units per acre - Residential. Building intensities for residential uses are _ evaluated in dwelling units per acre (du/ac). Residential uses in the C-1 zone follow the development standards of the R-3 zone which limits density to 2000 square feet of net lot area per dwelling unit_ The residential uses for the —� proposed project total roughly 8,000 square feet of net lot area per unit, and thus are conforming. Zoning Conformance Analysis 0 The proposed project is located within the C-1 (Retail Business Zone) and also within the "R", (Resort-Combining Overlay) Zone. Section 92.12.00 defines the C-1 zone and Planning Commission Staff Report August 13,2008 PD 327 Case 5.1110 TTM 35999 Page 8 of 15 provides information regarding development standards and permitted uses. Section 92.25.00 of the PSZO defines the "R" overlay and ils permitted uses. r- C-1 Zone. a The C-1 zone is intended as a business district, primarily retail business in character, Z with related hotels, service, office, cultural and institutional uses. The project's proposed retail/commercial/office/restaurant uses conform to the uses permitted in the Z C-1 zone as defined in PSZO Section 92.12.01. Residential uses are permitted in the m C-1 zone compliant with the R-3 Multi-family and Hotel development standards. Table 2 below evaluates both the commercial and residential components of the project, 0 however the lot first requires a specific determination regarding the front lot line. The lot is approximately 236 feet by 111 feet with the longer dimension on North Palm Canyon Drive. The net lot area for purposes of zoning analysis is 24,167 square feet. Because the lot has frontage on three sides, (Hermosa, Palm Canyon and Alameda) it m is considered both a corner lot and a through lot. Under such conditions, the Zoning Ordinance states that the Director of Planning shall determine the front of the lot for C purposes of zoning analysis. In this case, the front of the lot is determined to be Palm Ill Canyon Drive. This is because the proposed development is oriented with its building frontage toward Palm Canyon. Existing development along Palm Canyon is similarly r oriented. Thus it is reasonable to conclude the project may be evaluated with Palm O Canyon as the lot front. Table 2.0 Existing and Proposed Development Standards M DEVELOPMENT C-1STANDARDS R-3 PROPOSED Z STANDARDS STANDARDS STANDARDS -1 Lot Area 20,000 sq. ft. 20,000 sq. ft. 24,167 square feet 0.55 acre conforms Lot Dimension width 100' 140' when siding 236.79' (conforms) on a local or v collector Lot Dimension depth 159 175' 110.59' (existing non- conforming) (n Minimum Frontage on 100' n/a n/a --I Dedicated/Improved ;U street per building.. Building Height 30' maximum 24' and two stories 29'-6" top of roof; commercial 32'-4" tap of 0 mechanical screen wall Front Yard Setback 5' 30' and no Commercial: 0'. structures in Residential/Office at corner cutbacks. second floor: 8'-8" �G Planning Commission Staff Report August 13 2003 PD 327 Case 5.1110 TTM 35999 Page 9 of 15 DEVELOPMENT C-1 STANDARDSF R-3 PROPOSED STANDARDS STANDARDS STANDARDS Side Yard Abutting Residential 20 9'-10" Hermosa side, r 20' w/6' high wall and and 11' Alameda first 5' along edge to side. be landsca ed. Rear Yard 20' 10' Rear yard considered Z opposite of Palm Z Canyon, thus is 50' An existing 6' wall Ill separates this lot from the adjacent residential conforms Yard Requirements 50% of all required 45% open space 25% of site is yards to be for landscape, recreational/usable landscaped, other recreation, and open space 0 50% decorative outdoor living including balconies paving 92.04.04 Ill Distance between n/a 15' 43' (conforms) C buildings Parking Retail — 15 spaces 6 spaces = Total 42 spaces including Ill Office —7 spaces resid. & comm..: two H.C. spaces r Cafe— 12 spaces 40 required (conforms) 0 Density No requirements 2,000 square feet 8,056 sq. ft. per per dwelling unit d.u. conforms Gross floor 2,000 sq.ft. minimum n/a na area/commercial per commercial building Ill Off-Street Parking. Z PSZO Section 93.06.00 regulates the requirements for off-street parking. Parking is calculated separately for residential and retail/commercial/office space. The residential off-street parking require for three, two-bedroom units including guest parking a total of 5.5, which rounds up to six (6) spaces are required. The restaurant/cafe is calculated at 1 space for every three seats or 1 space for every 35 square feet of gross floor area where the public is served. Thus for thirty-seven (37) Gn seats, 12.3 or twelve (12) spaces are required. The retail parking needs are calculated at 1 space per 300 square feet of retail space. Thus for 4,600 square feet of retail for the three retail units, 15.33 or fifteen (15) spaces are required. The office parking needs are calculated at 1 space per 200 square feet of office space. Thus for 1,476 square feet of office, 7.38 or seven (7) spaces are required. Off-street parking lots up to 50 spaces require a minimum of two accessible parking spaces, one of which must be van accessible. For parking areas up to 49 spaces, 40% of the spaces must be provided with shade, either from trees or shade structures ("carports"). The project proposes 100% shade for all parking spaces. The project therefore, conforms to the off-street parking requirements for the uses proposed in this zone. Planning Commission Staff Report August 13.2003 PD 327 Case 5.1110 TTM 35999 Page 10 of 15 For the entire development the parking is comprised as follows: "17 Residential 6 Restaurant/Cafe 12 n Retail 15 Office 7 Z Total Off-street parking required: 40 Total provided: 42 Z Total provided with shade: 100% m Total accessible spaces provided: 2 (Includes 1 van accessible) Open space, landscape, and recreation. The total area of the site is 24,167 square feet as noted on the site survey. PSZO Section 92.04.04 (R-3 zone) requires 45% of the open space on a site be provided for 0 landscape and recreation. The project proposes a building footprint of 7,164 square Ill feet. The remaining 17,003 square feet of the site is open and comprised of parking terraces and landscape areas. Parking and drives comprise 13,129 square feet of the C site, thus 3,874 square feet or roughly 16% of the site is open space for landscape, m terraces, recreation and outdoor living. r In addition to the site area noted above, the residential and office units have outdoor 0 balconies totaling 2,104 square feet. The PSZO does not provide a specific definition of open space for purposes of these calculations. Staff believes the outdoor balconies on Ma this project are large enough to provide usable outdoor recreationalfliving space in ig addition to the open space on the ground level. Thus, including the balconies in the open space calculation brings the total usable outdoor recreational space on the site to Ill roughly 25%. Z Planned Development District (PDD) —I As noted above the project has been submitted as a PDD to establish a new set of development standards for the site_ 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, for the preliminary PDD hearing, the applicant has fully developed the design of the project to the level of detail usually associated with a --I Final PDD. For this reason, staff is recommending review of both the preliminary and final PDD with this hearing. The Planned Development District application seeks to establish unique development 0 standards for the subject project. Table 2.0 compares the development standards for the C-1 Zone, the R-3 zone and the development standards proposed with the subject PDD including the following for which the application is seeking relief: 24 Planning Commission Staff Report August 13,2008 PD 327 Case 5.1110 TTM 35999 Page 11 of 15 • Front yard setback. The project proposes no front yard; the front of the building is on the front property line. • -Side yard setbacks. The project proposes side yard setbacks roughly half of r what is required for the R-3 zone. (No side yard is required in the C-1 zone)_ a • Open space yard (outdoor living space). The project proposes 25% usable outdoor recreational, landscape and outdoor living space. Z • Height. The project proposes a height that conforms to the C-1 zone, but does Z not conform to the R-3 zone. m Staff believes the requested deviations from the development standards for the zone v are reasonable and enhance the overall nature of the development because: • The commercial storefronts are pulled closer to the sidewalk and street, thereby creating better visibility to both vehicular and pedestrian traffic. • The side yards are consistent with the C-1 zone. The open space of the 0 courtyard/paseo and the balconies on the second floor units provides more Ill functional outdoor living space that the side yards could afford. Smaller side C yards allow the continuation of the commercial/retail storefront across the entire Palm Canyon frontage which could provide better strolling and shopping rn continuity and connection along this commercial/retail corridor. r • The open space provided, while less than required for the R-3 is fully landscaped and provided with decorative paving, consistent with the C-1 zone development O standards. • The building height conforms to the C-1 zone. The height is similar and harmonious with existing development in the neighborhood along Palm Canyon Drive. rn R Overlay Zone. Z The Zoning Ordinance states that the "R" resort overlay zone is intended primarily to provide for accommodations and services for visitors, while guarding against the intrusion of competing land uses. Section 9225.00 (C) states: Permitted uses are those that are provided in the underlying zone with which the "R"zone is combined, except that: W 1. All multiple-family dwellings (including, but not limited to, apartments, group housing projects, boarding and lodging houses, and condominiums) shall be permitted by conditional use permit. Such permit is subject to the planning commission making findings that the proposed _ use is compatible with its surroundings and that the site in question is not n appropriate for other uses allowed by right within the underlying zone..". Thus, in addition to the findings required for the PDD (which are in essence the findings for a CUP) an additional finding is required for projects in the Resort Overlay Zone that desire to include a residential use. 25 Planning Commission Staff Report August 13,2008 PD 327 Case 5.1110 TTM 35999 Page 12 of 15 In applying the R overlay zone to the proposed project, Staff has concluded that the three condominium units in this project meet the definition of "multi-family dwellings r (condominiums). REQUIRED FINDINGS Z Findings for the "R" Overlay. Z M The "R" overlay zone requires a specific finding related to the introduction of non- commercial uses in a commercial zone. Section 92.25.00 (C) states: 0 All multiple-family dwellings (including, but not limited to, apartments, group housing projects, boarding and lodging houses, and condominiums) shall be permitted by conditional use permit. Such permit is subject to the 0 planning commission making findings that the proposed use is Ill compatible with its surroundings and that the site in question is not appropriate for other uses allowed by right within the underlying C zone..". (Emphasis added). m Within the Uptown neighborhood, several land use designations exist, including "mixed r— use/multi use". Although the subject site is not so designated, the proposed 0 development, with its mix of residential, office, cafe and retail, is complementary to existing and new development in the neighborhood. More intensive uses would not be complementary to the existing or desired type of development in Uptown. It is the type of development identified in the General Plan as desirable for the Uptown area. The proposed building is consistent in height and general bulk with the maximum allowable Ill height and density standards for the zone. The proposed project does reflect the type of Z development found in the Uptown area. For these reasons, staff believes the site is appropriate for the uses proposed and does not believe there are other more --I appropriate uses allowed by right within the underlying zone that should be considered. Findings for the Planned Development District (PD_D). O The provisions of Section 94.03.00(5) of the Palm Springs Zoning Code states that the _ Planning Commission and City Council shall find that the proposed uses as shown on the development plan for the PD are in conformity with the required findings and conditions as set forth in Section 94.02.00 (Conditional use permit), the general plan —I and sound community development: These findings and a discussion of the project as it relates to each of these findings are noted below. 0 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; n6w Planning Commission Staff Report August 13,2008 PD 327 Case 5 1110 77M 35929 Page 13 of 15 The uses proposed are ones that are authorized by the zoning code because commercial uses including restaurants, general retail, office and residential uses are �-- permitted in the C-1 zone. Multi-family residential uses are permitted with a CUP n subject to certain findings in the R overlay zone. Z 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 Z general plan, and is not detrimental to existing uses or to future uses m specifically permitted in the zone in which the proposed use is to be located; ❑ The proposed uses are desirable for the development of the Uptown District because such uses are identified as suitable and appropriate for this neighborhood in the General Plan discussion of the Uptown District. The proposed uses are not detrimental ❑ to existing or future uses specifically permitted in the zone because they are permitted Min the C-1 zone and as described in the General Plan discussion of the Uptown District. The proposed uses and type of development are complementary with existing C development and uses in the neighborhood and will provide useful commercial serves M to the adjacent residential neighborhood. r c. That the site for the intended use is adequate in size and shape to 0 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 adequate to provide the required off-street parking needs for the proposed M uses. The height, density and combination of uses proposed in this development are Z consistent and similar to other buildings in the neighborhood. Staff believes that based on the neighborhood character, the proposed setbacks, walls, landscaping and other -^I features are compatible with the existing adjacent properties. d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to ❑ be generated by the proposed use; ^ The site, when occupied by the proposed uses, relates to the adjacent streets and provides properly designed vehicular and pedestrian separation and movement because parking egress and ingress are from side streets which is desirable so as not to interrupt traffic flow on Palm Canyon. Palm Canyon Drive is a major thoroughfare and confirmed in the General Plan Future Traffic Analysis to continue to function at acceptable levels of service (LOS) at buildout. 0 e. That the conditions to be imposed and shown on the ap proved pproved site plan are deemed necessary to protect the public health, safety and general 27 Planning Commission Slaff Report August 13,2008 Pri 327 Case 5 111 p TTM 35999 Page 14 of 15 welfare and may include minor modification of the zone's property development standards. r A set of proposed Conditions of Approval accompany this staff report. Among other n conditions set forth, the following conditions or concerns are satisfied as noted: Z • The commercial uses will be regulated through the business license process per the requirements of the zone. • A rear property line wall belonging to the Villa Hermosa apartments will remain m and provides conformity to the wall requirements for the zone. v • Hours of operation for the commercial businesses will be determined at the time any use application is submitted and according to the municipal code and zone requirements. Findinas far the Tentative Tract Map � Findings are required for the proposed Tentative Map pursuant to Section 66474 of the m State of California Subdivision Map Act. These findings and a discussion of the project C as it relates to these findings follow: M a. The proposed Tentative Tract Map is consistent with all applicable general and r specific plans. 0 The proposed Tentative Tract Map is consistent with all applicable general and specific plans because the land use proposed of neighborhood serving commercial and retail uses is consistent with the NCC (Neighborhood Community/Commerical) land use designation. The introduction of residential uses is in harmony with policies and goals M of the General Plan that encourage such development in the Uptown area. Z b. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. The design and improvements of the proposed Map are consistent with the allowable uses in the C-1 zone because the commercial, retail and residential uses proposed in p this project are permitted uses in that zone. _ c. The site is physically suited for this type of development. cn - 1 The site is physically suited for this type of development because it is a generally flat site, fronting a major thoroughfare with existing surrounding development of commercial, retail and residential mixed-use development. The site is bounded on three sides by public streets which accommodates vehicular traffic in and out of the site without disruption. 0 e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. Planning COmmI55IOn Staff Report August 13,2008 PD 327 Case 5.1110 TTM 35999 Page 15 of 15 The Tentative Tract Map has been reviewed under the California Environmental Quality Act, and as an infill site has been determined to be Categorically Exempt from CEQA. The D site is within a neighborhood that has been fully developed for many years, and does not �-- include any natural habitat. The project will therefore not damage or injure fish, wildlife or a their habitats. Z f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. Z m The proposed map, the design of the improvements and the type of development is not likely to cause serious public health problems. It is a commercial, retail, residential project 0 that is harmonious with existing development in the Uptown district and is consistent with the objectives of the General Plan and general development standards for the zone. g. The design of the subdivision or type of improvements will not conflict with 0 easements, acquired by the public at large, for access through or use of the m property within the proposed subdivision. C There are no known public easements or access across the subject property, therefore the M design of the subdivision will not conflict with easements for access through or use of the property. r" ENVIRONMENTAL ASSESSMENT 0 '0 Pursuant to Section 15332 of the CEQA guidelines, the project is considered a Class 32 in-fill development meeting the conditions for categorical exemption because the project is consistent with the applicable policies of the general plan and zoning designation, the Ill project is less than five acres, the project is not considered a habitat for endangered, Z rare or threatened species, approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality, and the site can be served -I by all utilities. NOTIFICATION v The public hearing notice for the proposed project was published in the Desert Sun newspaper. A public hearing notice was mailed to all property owners within 400 feet of the sut ject property. Ken Lyon Craf A. Ewing, ICP Assoc ate Planner ' Di ea of Ian ing Services n Attachments: 1. Vicinity Map 2. Draft Resolution 3. Conditions of Approval 4. Site plan and drawings Department of Planning Services W+E V' Vicinity Map s 0 TACHEVAH DR WL f,a i rat a U J d G rr C] } H tYfggy � F'L � C 9�WIAKISK LegendProjectArea v . 400' Burger ___ _ nn+F Cie sted Augu:'t 10.2006 � — -- Vanity fvl ap For lPN 505�69-006 CITY OF PALM SPRINGS CASE NO: 5-1110 PD-327 DESCRIPTION: To consider an application by Cioffl Architects for Nichols Properties, proposing a two-story APPLICANT: Cioffi Architects for mixed-use commercial / residential building with covered Nichols Properties parking and associated landscaping on an approximately 24,167 square foot lot at 901 North Palm Canyon Drive, Zoned C-1/R-3, Section 10. APN: 505-263-006. PY TNS CMY OF PA SPW COV OF RP.. RN SFATE OF cAflfi)?WA oIF`ER i`FQ3'.[9 RC1V _r�s TENTA TI VE TRACT MAP NO, 35999 R _ P MI sT;g OP A lGWM ON WT D. M8R!b P A S,CT AS Pl LP'YAP 8 VK 12 AT PACE 94. RfPE SL9S[BUSTY 1N 71ff sR 1/4 OF S£-XMY 19 PS. RiE, E.QY RAhWW A/G frc YAft'H 24b9 e�i� ue uia srcr FOR CONDOMINIUM PURPOSES IIA ' H.D. SfE/€fl€s' � L—_ — - \ A£t35Y3:5 PAR¢i Nl.£SCS 6 • .1 {i 2CQf INJ.455 Cflk LGL"AIKW V Pui..:T iono n s I n...m,iarsze -zx�ve ¢ V vbums SO LAV fP { k G3'6PIL IYJIES Srl.3. P3/€J ih i ui sw.u=z an ' 3 LOr r hYTTTH ALM CANYON OHIYE I — , LN.p L�AFL'hA.t4 Opl' 6>:E5' 4513m4.' Es'P.9P3] Ps, a _ - � •anr_ci sire g s ""•" ycnP rr ua SANBORN A/E, Inc. ry ,s WNTAST YAP- fRACf YAP M14l '°5099 �] P{�EG����Y SDI .�'nv A°�- SANBORN r>w° i111�f.' v C-a �� r § \ . � . ■ . , | � ) It < m 2 � [ � • \ � ; - © w@ \ ® | - o-- \ ƒ ! � | h� •.... . T | 3• - ! | ro || || h| � R | m A § I � e � x | � @e9Mos4 eEacE THEN HOLS BUILDING cio __m �. C__DR. ARC eTe a -_ __. a__ w— — — EL 4Ll6J-l=DA ,a i m �E q � I 41 )PI I��F• ��� i ie `8 U z � � I � I I I I 1 P fig 5 ' k ! l 1 14 qI r I + I 1 11 P; II i a, z i THE NI HGLB BUILDING 901 MONTH PALM CANYON OFL ciom PALM 8PNW0$, CALIFORNIA ARCHITECT F C ° } -� •!�1 a-v _T f . WI I cp ,r. Z - --.- - - - - - - y, �__� •4 1yi _ 3 �••— I �mYL VY2, r----- ------ — �1•L¢—!I ®—� r�_� - Y�— �---'1 I:.J[.M'Y!, ---�I�,M�";4 V•—r-- --O I II'+ i-T F •!-0 [Y P-a fy' YY iJ !T r p W b � i bi bi d �b b ib ib b i d H 4Y.M!. . LOWER FLOOR PLAN t IQQTES WALL LEGEND n iaxau� ® f'RIfNm NLr.wcR 4Y11. _ N•CTgll tl�p-NIMR�'R�r� �a-x.rw.l.Y�YI.W 1m.4 .IYI ML .IriN YYf« a IXlq#1JLIl.fI 011LY.Y•OGY w.�u.o.w-wa--....w..�.. oneuw+lrx er oxnx�nw Enwa,•wrtumsv�wa� �a•on'.r�mna ra�.cE nai¢r rr .nuroYww.ur tiu.4roi rm A-2.1 , -- i - -- i- - q I { Pam , I - ---- �__ � -- -- I rG qu w pip {{ tj'•' i i � r• i ]g 3 A L�F F r 8 I i i { I ®I I i' IryIII III III III II yII zg THE NICHOLS BUILDING C Z O�1 N. I I I I I I4I 1 901 MOM PALM CANYON DR. ARCHITECT �-� Mauls SIOHOIN 3Hl F1 Fhi H��yy I=e e + E 9 ,131 T �` --L_ I 'I v --__ I 11 y I 1 1 y i I W I I I � �I ii P g r3 n I h_N I __ s o it p J J LL I e ji IL 3 O � i I s I e k II a a oA O U D D ©o ME o > > > o » o¢ o¢ oomom 1 �i��t�. ■�����i � �.�.��.f�1E.�11 IRt�l�l)itY��IVyI • !Illll�fll Ii�IY®I®!1®1____ I�IIII®Illil iillll�lilsl��� . , 1 -- flo o o ¢n ❑ o0 0 0 0 ¢o ¢o a � ¢ oomo 00 � o o�� � o _ _ �Ei.. EEEE;i�EEEEE;fi1ii f1Y•. L�Eii� s1E�E11. . �lf�ii `�` iflll i�iili■ Elio D O O U D D p • . ¢ o ¢o anmmvm¢ ao goo a� m ] a6¢ av¢ - �❑ mo o ma¢ » m 3 ¢no¢ oa ¢ c oo ¢o a ¢on ion o 0 �IiEE;i EE3fiEE iEE.EiEiYIEEEEiEaYEEEi _ YI��E����E���t�l E����l�lEiisi min ���sir�.,���ii.YE������� •�IEilYsiiE. 0 0 ¢ ❑¢o 0 0o ao nm a o¢ oo ¢ a oo Q o m FCd�' �♦1�.�ii ���� �5�1l11 ■�1 0 r I +nw�x a'�x wsaeawsw•! L O c I i : *T-n --------- UPPER OMCE SPACE LWZR DMIE SPACE » rIK Y a.Yr u r_Ir - VT•�� 3 r rx V+'urlo.+m mw Ilan v=.m guo.e ru I i •Ynrw1• MY +� RETAIL SPACE fI C rfY } Y RETA•L SPACE /1 Zo L 1 I..RY.v.Y,..m..w.. J SECTION 0.2 SECTION D-D Q x •.vssw roa.m.H xHma.Hxnw*/ f � 0 V 2 W = IrIKv Y F ZIPPER APT 01 arm IKa.nvroc nwr — Ilf nipL u7 lam _ m nl1w sl un.u.H L'>• vu RETAIL SPACE /1 I r uo�Ol�p Y'iYaM W�a pYp�r M YME SECTION D-D »x ,„..,.� BUILDING SECTIONS e� SHCEF �' A-6.4 h U _ ^.a.w�mlms s¢nc.r¢am+m.wlo r� W ws rene nva,arM F U gillL xrom .,ir.. •vrm r.. r � :4-Z iR fMY1 i Twl 4 �R•YN-.mom ___ e j�—y/.yIG Ire }E RELV! .ACE 61 J ° ; J mzc m Y i Section G—G s n rq AV' W - -wm - ° 2 RO RY 1 GF05E7, 9ATH Ru ED RM 2 >� . rw �R wY I Rrl aim-ib- .ru ...mrt 4 Rrm7A1�1. SPACE pF ra rrmu _ � mm �` 1 iRIR-Ilrq' r.+�.durrm�wx :r Section J—J Building Sections ax ICi A-6.6 RESOLUTION NO. 7157 THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND RECOMMENDING THAT THE CITY COUNCIL APPROVE CASE 5.1110, PLANNED DEVELOPMENT DISTRICT 327, AND TENTATIVE TRACT MAP 35999 FOR A MIXED USE DEVELOPMENT LOCATED AT 901 NORTH PALM CANYON DRIVE, ZONE C-1, SECTION 10, APN: 505-263-006. WHEREAS, Nichols Properties, owner, has filed applications with the City pursuant to Section 9.62 of the Municipal Code, Section 94.02.00, and Section 94.03.00 of the Zoning Ordinance, for the establishment of Planned Development District 327, modifying the underlying zoning development regulations to construct a two-story building consisting of four separate retail units, one office unit, and three residential units, a partially covered parking lot, and associated landscaping; and Tentative Tract Map 35999, a subdivision for condominium purposes of the subject parcel; and, WHEREAS, On January 22, 2008, the Architectural Advisory Committee reviewed a revised scope of work for the project and recommended its approval 4-0-2 (Sahlin, Cioffi abstaining); and, WHEREAS, the project scope and detail is sufficient for full evaluation of the project, combining both the preliminary and final Preliminary Planned Development hearings into this hearing, and WHEREAS, in accordance with Section 15332 of the CEQA guidelines, the project deemed Categorically Exempt under Class 32 in-fill development because the project is consistent with the applicable policies of the general plan and zoning designation, the project is less than five acres, the project is not considered a habitat for endangered, rare or threatened species, approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality, and the site can be served by all utilities; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Case 5.1110, PD 327 was given in accordance with applicable law; and WHEREAS, on August 13, 2008, a public hearing was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report, all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to Section 94.03.00 (Findings for a Planned Development District), as outlined in Section 94.02.00(13)(6) (Conditional Use Permit) of the Zoning Ordinance, the Planning Commission finds: I �Q 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 uses applied for at the subject location are ones that are authorized by the zoning code because commercial uses including restaurants, general retail, and office uses are permitted in the C-1 zone. The multi-family residential use proposed at this location is permissible because this parcel is located within the R (Resort) overlay zone and multi-family residential uses are permitted with a CUP subject to certain findings in the R overlay zone- b. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located,- The proposed uses are desirable for the development of the Uptown District because such uses are identified as suitable and appropriate for this neighborhood in the General Plan discussion of the Uptown District. Uptown comprises a unique corridor of regional-serving art galleries, design furnishings establishments, specialty shops and restaurants, while maintaining a consistent pattern of development that also serves the adjacent neighborhoods of Las Palmas, Vista Las Palmas and the Movie Colony. The proposed uses are in harmony with the various elements and objectives of the general plan for this area because they are the type of uses described as desirable for the Uptown area. The proposed uses are not detrimental to existing or future uses specifically permitted in the zone because they are the type of uses specifically permitted in the C- 1 zone and as described in the General Plan discussion of the Uptown District. The proposed uses and type of development are complementary with existing development and uses in the neighborhood and will provide useful commercial serves to the adjacent residential neighborhood. c. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood,- The project is located on a rectangular vacant lot approximately 0.55 acres in size and fronts North Palm Canyon Drive. It is adequate to provide the required off-street parking needs for the proposed development. The site is adequate in size and shape to accommodate the proposed uses and the height and density of the proposed development is consistent and similar to other buildings in the neighborhood. Many properties on North Palm Canyon Drive are built with zero front lot lines, and commercial and residential uses are combined in a similar way as is proposed with this building; with residential units with balconies over first floor retaillcommercial uses that front North Palm Canyon Drive. Based on the neighborhood character, the proposed setbacks, walls, landscaping and other features are compatible with the existing adjacent properties. d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use,- In addition to its Palm Canyon frontage, the site fronts two side streets, Alameda and Hermosa, from which off-street parking access can be provided without adversely affecting traffic flow on 2 - those side streets or Palm Canyon. Palm Canyon Drive is a major thoroughfare and confirmed in the General Plan Future Traffic Analysis to continue to function at acceptable levels of service (LOS) at buildout. _ e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. Such conditions may include: A set of proposed Conditions of Approval accompany this resolution. Section 2: Pursuant to Section 92.25.00 (C) (Finding for the R overlay zone) of the Palm Springs Zoning Ordinance, the Planning Commission finds; All multiple-family dwellings (including, but not limited to, apartments, group housing projects, boarding and lodging houses, and condominiums) shall be permitted by conditional use permit. Such permit is subject to the planning commission making findings that the proposed use is compatible with its surroundings and that the site in question is not appropriate for other uses allowed by right within the underlying zone..". The site in question fronts the major thoroughfare of North Palm Canyon Drive. In this area, known as the Uptown District, a variety of buildings exist with a similar density, and mix of both residential and commercial uses. As noted in the General Plan, the Uptown District is a unique neighborhood with a collection of offices, galleries, restaurants, and various neighborhood-serving commercial uses at a relatively low scale and density. Within the Uptown neighborhood several land use designations exist, including "mixed use/multi use". Although the subject site is not so designated, the proposed development, with its mix of residential, office, cafe, and retail represents a type of development and uses that are complementary to the existing and developing uses in the neighborhood. It is typical of the type of desired development described in the General Plan description for the Uptown area. The proposed building is consistent in height and general bulk with the maximum allowable height and density standards for the zone. It maximizes off-street parking in an area of the City that has somewhat limited off-street parking accommodations. As one of few remaining vacant sites in the area, the site may be appropriately described as an "infill site". Such sites usually are usually best developed with uses and building densities that reflect the existing development in the neighborhood, which this proposed development does. For these reasons, the site is appropriate for the uses proposed and there are no other more appropriate uses allowed by right within the underlying zone that should be considered. Section 3: Pursuant to pursuant to Section 66474 of the Subdivision Map Act. The Planning Commission hereby finds: a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The proposed Tentative Tract Map is consistent with all applicable general and specific plans because the land use proposed of neighborhood serving commercial and retail uses is consistent with the NCC (Neighborhood Community/Commercial) land use designation. 3 G, b. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. _ The design and improvements of the proposed Map are consistent with the allowable uses in the C-1 zone because the commercial, retail and residential uses proposed in this project are permitted uses in that zone. c. The site is physically suited for this type of development. The site is physically suited for this type of development because it is a generally flat site, fronting a major thoroughfare with existing surrounding development of commercial, retail and residential mixed-use development. The site is bounded on three sides by public streets which accommodates vehicular traffic in and out of the site without disruption. d. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The Tentative Tract Map has been reviewed under the California Environmental Quality Act, and as an infill site has been determined to be Categorically Exempt from CEQA. The site is within a neighborhood that has been fully developed for many years, and does not include any natural habitat. The project will therefore not damage or injure fish, wildlife or their habitats. e. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The proposed map, the design of the improvements and the type of development is not likely to cause serious public health problems. It is a commercial, retail, residential project that is harmonious with existing development in the Uptown district and is consistent with the objectives of the General Plan and general development standards for the zone. f. 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 or access across the subject property, therefore the design of the subdivision will not conflict with easements for access through or use of the property. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing the Planning Commission hereby approves and recommends that the City Council approve: 1. Case 5.1110 a Planned Development District 327 for the construction of a mixed use building, covered parking, and associated landscaping at 901 North Palm Canyon Drive subject to the Conditions of Approval in Exhibit A. 4 vIS 2. Tentative Tract Map 35999, a subdivision for condominium purposes of a parcel at 901 North Palm Canyon drive (APN: 505-263-006). ADOPTED this 13th day of August, 2008, AYES: 6, Conrad, Donenfeld, Cohen, Ringlein, Caffery and Scott NOES: None, ABSENT: None. ABSTAIN: 1, Hochanadel ATTEST: CITY OF PALM SPRINGS, CALIFORNIA r ' A wing I P Di or of Pla n' Services EXHIBIT A Case 5.1110 PD 327 TTM 35999 901 North Palm Canyon Drive CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney_ ADMINISTRATIVE ADM 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. ADM 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1110. 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 followirig an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, Case 5.1110 PD 354 TTM 35999 August 13, 2008 Conditions of Approval Page of 17 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 4. Pursuant to Fish and Game Code Section 711.4 a fee of $1,876,75 plus a processing fee of $64.00 is required. This application shall not be considered final until such fee is paid_ Payment shall in the form of a money order or cashier's check payable to Riverside County. ADM 5. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 112% 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 6. 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 give 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 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). CC&R's ADM 7. 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 and Zoning for approval in a form to be approved by the City Attorney, to be recorded prior to approval of a final map. The CC&R's Case 5 1110 PO 354 TTM 35999 August 13, 2008 Conditions of Approval Page 3 of 17 may be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances. _ ADM 8. 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. ADM 9. The CCR's shall have a disclosure statement regarding the location of the project relative to roadway noise, City special events, roadway closures for special events and other activities which may occur in the Central Business District, Desert Museum and Desert Fashion Plaza. Said disclosure shall inform perspective buyers about traffic, noise and other activities which may occur in this area. CULTURAL RESOURCES ADM 10. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. ADM 11, Given that portions of the project area are within an alluvial formation, the possibility of buried resources is increased. A Native American Monitor shall be present during all ground-disturbing activities. a. Experience has shown that there is always a possibility of buried cultural resources in a project area. Given that, a Native American Monilor(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 and Zoning and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval- b. Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to final inspection. Case 5.1110 PD 354 TTM 35999 August 13, 2008 Conditions of Approval Page 4 of 17 PLANNING DEPARTMENT PLN 1. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Zoning prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. PLN 2. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning & Zoning prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of the hillside is permitted. GENERAL CONDITIONS PLN 3. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Zoning for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. PLN 4. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. PLN 5. 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. PLN 6. 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. PLN 7. All materials on the flat portions of the roof shall be of a light non-reflective color. PLN 8. All awnings shall be maintained and periodically cleaned. PLN 9. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or Case 5.1110 PD 354 TTM 35999 August 13, 2008 Conditions of Approval Page 5 of 17 equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. _ PIN 10,No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. PIN 11_Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. PIN 12.The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. PIN 13.The street address numbering/lettering shall not exceed eight inches in height. PIN 14.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. PIN 15.Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. PIN 16.No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. PIN 17_No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PIN 1$_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_ PIN 19.Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. PIN 20.The applicant shall provide all tenants with Conditions of Approval of this project. GQ Case 5.1110 P❑ 354 TTM 35999 August 13,2008 Conditions of Approval Page 6 of 17 PLN 21.Loading space facilities shall be provided in accordance with Section 9307.00 of the Zoning Ordinance. Said facilities shall be indicated on the site plan and approved prior to issuance of building permits. : POLICE DEPARTMENT POL 1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT BLD 1. Prior to any construction on-site, all appropriate permits must be secured. ACCESSIBILITY The following are Conditions of Approval as they pertain to disabled access regulations for the proposed project. All code references are in accordance with the 2007 California Building Code (CBC) Chapters 11A and 11B which implement the fundamentals of the ADA requirements. SITE PLAN: ADA 1. To comply with CBC 1133B.8.5 the ramp leading into the disabled parking access aisle will need to include detectable warnings consisting of truncated domes. ADA 2. To comply with CBC 1133B.5.5 the ramp located adjacent to the breezeway shall provide compliant hand rails on both sides of the ramp. ADA 3. The site plan does indicate compliance with CBC 1133B.2.4.3 pertaining to the appropriate strike side clearance at all exterior and interior doors. The minimum strike side clearance for exterior doors is 24 inches and 18 inches for interior doors. ADA 4. The site plan does indicate compliance with CBC 113313.7 by providing a minimum of 48 inches clearance for the sidewalk to pass by the existing Sunline Bus Stop. ENGINEERING DEPARTMENT 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. t; Case 5.1110 PD 354 TTM 35999 August 13, 2008 Condibons of Approval Page 7 of 17 STREETS ENG I- Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. ENG 2. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. PALM CANYON DRIVE ENG 3. An application for an Encroachment License shall be submitted to the Engineering Division to allow construction of building overhangs for solar control within the public right-of-way of Palm Canyon Drive. The application for the Encroachment License shall be approved by City Council prior to issuance of a building permit. ENG 4. The four existing palm trees along the Palm Canyon Drive frontage are maintained by the City and shall be protected in place to be incorporated into the overall design of this project. Removal of any palm tree will require advance approval by the City Engineer and Director of Parks and Recreation, and require relocation and adjustment of existing irrigation and lighting system improvements. ENG 5. New or transplanted palm trees shall be guaranteed for a period of 90 days from the date of acceptance by the City Engineer. Any palm trees that fail during the 90-day landscape maintenance period shall be replaced with a new palm tree of similar trunk diameter and height to the satisfaction of the City Engineer, and shall be subject to a subsequent 90-day landscape maintenance period. ENG 6. The existing decorative lighting system along the Palm Canyon Drive frontage is maintained by the City and shall be protected in place. Any relocation of lighting improvements will require advance approval by the City Engineer. ENG 7. All broken or off grade street improvements shall be repaired or replaced. HERMOSA PLACE ENG 8. Construct a 6 inch curb and gutter, located 20 feet south of centerline along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 200. Case 5 1110 PD 354 TTM 35999 August 13, 2008 Conditions of Approval Page 8 of 17 ENG 9. Construct a 26 feet wide driveway approach with a centerline located approximately 35 feet east of the west property line, in accordance with City of Palm Springs Standard Drawing No. 205. ENG 10. Construct a Type C curb ramp meeting current California State Accessibility standards on each side of the driveway approach in accordance with City of Palm Springs Standard Drawing No. 214. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer and ADA Coordinator. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines. ENG 11. Construct a 5 feet wide sidewalk behind the curb along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 210. ENG 12. Construct pavement with a minimum pavement section of 21/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 305. 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. EL ALAMEDA ENG 13. Construct a 6 inch curb and gutter, located 20 feet north of centerline along the entire frontage from the project entrance to Palm Canyon Drive, in accordance with City of Palm Springs Standard Drawing No. 200. ENG 14. Construct a 26 feet wide driveway approach with a centerline located approximately 35 feet east of the west property line, in accordance with City of Palm Springs Standard Drawing No. 205. ENG 15, Construct a Type C curb ramp meeting current California State Accessibility standards on each side of the driveway approach in accordance with City of Palm Springs Standard Drawing No. 214. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer and ADA Coordinator. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines. ENG 16. Construct a 5 feet wide sidewalk behind the curb along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 210, E2 Case 5.1110 PD 354 T7M 35999 August 13, 2008 Conditions of Approval Page 9 of 17 ENG 17, Construct pavement with a minimum pavement section of 2'/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a = minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline along the entire in accordance with City of Palm Springs Standard Drawing No. 110 and 305_ 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. ON-SITE ENG 18. The minimum pavement section for all on-site pavement shall be 2'/z inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. SANITARY SEWER ENG 19. All sanitary facilities shall be connected to the public sewer system. The on- site sewer system shall not connect to any existing sewer manhole, and shall connect to the sewer main with a standard sewer lateral connection in accordance with City of Palm Springs Standard Drawing No, 405. ENG 20. All on-site sewer systems shall be privately maintained. 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 21. Submit a Precise Grading and Paving Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. The Precise Grading and Paving Plan shall be approved by the City Engineer prior to issuance of grading permit. a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its 513 Case 5.1110 PD 354 TTM 35999 Augusl 13, 2008 Conditions of Approval Page 10 of 17 contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that has completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Precise Grading and Paving plan- b. The first submittal of the Precise Grading and Paving Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the site plan; a copy of current Title Report; and a copy of Soils Report. ENG 22. Prior to approval of a Grading Plan, the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at (760) 699-6800, to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring_ ENG 23. In accordance with an approved PM-10 Dust Control Plan, perimeter fencing shall be installed. Fencing shall have screening that is tan in color; green screening will not be allowed. Perimeter fencing shall be installed after Issuance of Grading Permit, and immediately prior to commencement of grading operations. ENG 24. 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 25, 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. krzu4 Case 5 1110 PD 354 TTM 35999 August 13, 2008 Conditions of Approval Page 11 of 17 ENG 26. Contact Whitewater Mutual Water Company to determine impacts to any existing water lines and other facilities that may be located within the property if any. Make appropriate arrangements to protect in place or relocate any existing Whitewater Mutual Water Company facilities that are impacted by the development. A letter of approval for relocated or adjusted facilities from Whitewater Mutual Water Company shall be submitted to the Engineering Division prior to approval of the Grading Plan. ENG 27. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. ENG 28. 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 29. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE ENG 30. This project may be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating stormwater runoff, may be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. If required, such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development. E Casa 5.1110 PO 354 TTM 35999 August 13, 2008 Conditions of Approval Page 12 of 17 ENG 31. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. ENG 32. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $9,212.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL ENG 33. 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 34. All proposed utility lines shall be installed underground. ENG 35, The record property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title report or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the applicant prior to issuance of any grading or building permits. ENG 36. All existing utilities shall be shown on the improvement plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line- 5 Case 5.1110 PD 354 TTM 35999 August 13, 2008 Conditions of Approval Page 13 of 17 ENG 37. Upon approval of any improvement plan by the City Engineer, the Improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and Format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. ENG 38. 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 certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. ENG 39. 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 40. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. MAP ENG 41, 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 there from, 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 42. 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 Map. ENG 43. Upon approval of a final map, the final map shall be provided to the City in G.LS_ 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 w7G Case 5,1110 P❑354 TTM 35999 August 13, 2008 Conditions of Approval Page 14 of 17 as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file) ), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC ENG 44. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. ENG 46. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. ENG 46_ Relocate the existing stop and street name sign at the southwest corner of Hermosa Place and Palm Canyon Drive in accordance with City of Palm Springs Standard Drawing No. 624. ENG 47. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones" dated 1996, or subsequent additions in force at the time of construction. ENG 48. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. FIRE DEPARTMENT These conditions are subject to final plan check and review. Initial fire department conditions have been determined on the site plan dated 2/2112008. Additional requirements may be required at that time based on revisions to site plans. AD 1_ 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. 58 Case 5.1110 PC 354 TTM 35999 AugList 13, 2008 Conditions of Approval Page 15 of 17 FID 2. Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with (Sections 503 CFC) Minimum Access Road Dimensions: FID 3. 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. 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 Ibs_ FID 5. 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 6. Buildings and Facilities (CFC 503.1.1): Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. FID 7. Premises Identification (CFC 505.1): New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4" high with a minimum stroke width of 0.5'. FID 8. 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. 179 Case 5.1110 PD 354 TTM 35999 August 13,2008 Conditions of Approval Page 16 of 17 FID 9. Location of Knox boxes: A Knox box shall be installed at every locked gate. Boxes shall be mounted at 5 feel above grade. Show location of boxes on plan elevation views. Show requirement in plan notes. FID 10. Fire Flow (CFC 508.3): Fire flow requirements for buildings or portions of buildings and facilities are estimated to be 1500 GPM with the installation of fire sprinklers based on Appendix B of the 2007 CFC. FID 11. 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 12. NFPA 13 Sprinkler System required (903.3.1.1). Where the provisions of this code require that a building or portion thereof be equipped throughout with an automatic sprinkler system in accordance with this section, sprinklers shall be installed throughout in accordance with NFPA 13 except as provided in Section 903.3.1.1.1. FID 13. Balconies and decks (903.3.1.2.1). Sprinkler protection shall be provided for exterior balconies, decks and ground floor patios of dwelling units where the building is of Type V construction. Sidewall sprinklers that are used to protect such areas shall be permitted to be located such that their deflectors are within 1 inch (25 mm) to 6 inches (152 mm) below the structural members and a maximum distance of 14 inches (356 mm) below the deck of the exterior balconies and decks that are constructed of open wood joist construction. FID 14. Audible Water Flow Alarms (CFC 903.4.2): An approved audible sprinkler flow alarm (Wheelock horn/strobe # MT4-115-WH-VFR with WB8 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 15. Valve and Water-Flow Monitoring (CFC 903.4): All valves controlling the fire sprinkler system water supply, and all water-flaw 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 16. Fire Alarm System: Fire alarm system is required and installation shall comply with the requirements of NFPA 72, 2002 Edition. s® Case 5.1110 PD 35d T7M 35999 Augus[13, 2008 Conditfons of Approval Page 17 of 17 FID IT 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 extinguishers shall be installed so that the top I not more than 5 feet above the floor. FID 18. Residential Smoke Alarms Installation With Fire Sprinklers (CFC 907.2.10.1.2, 907.2.10.2 & 907.2.10.3): Provide Residential Smoke Alarms (FIREX # 0498 accessory module connected to multi-station FIREX smoke alarms or equal for residential units above businesses and fire sprinkler flow switch). Alarms shall receive their primary power from the building wiring, and shall be equipped with a battery backup. Alarms shall be interconnected so that operation of any smoke alarm causes all smoke alarms within the dwelling to sound. FID 19. Fire Hydrant & FDC Location (CFC 912.2): A public commercial fire hydrant is required within 30 feet of the Fire Department Connection (FDC). Fire Hose must be protected from vehicular traffic and shall not cross roadways, streets, railroad tracks or driveways or areas subject to flooding or hazardous material or liquid releases. FID 20. Fire Department Connections (CFC 912.2.1 & 912.3): Fire Department connections shall be visible and accessible, have two 2.5 inch NST female inlets, and have an approved check valve located as close to the FDC as possible, All FDC's shall have KNOX locking protective caps. Contact the fire prevention secretary at 760-323-8186 for a KNOX application form. FID 21. Retail Space #2 (Cafe): Insufficient information on existing plans for fire department conditions for the Cafe. END OF CONDITIONS. CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION CITY CLERK'S DEPARTMENT James Thompson, City Clerk Meeting Date: September 17, 2008 Subject: CASE 5.1110 PD-327 BY CIOFFI ARCHITECTS FOR NICHOLS PROPERTIES LOCATED AT 901 NORTH PALM CANYON DRIVE AFFIDAVIT OF MAILING I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was mailed to each and every person on the attached list on September 3, 2008, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (92 notices) I declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF PUBLICATION I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Public Hearing Notice was published in the Desert Sun on September 6, 2008. 1 declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING 1, Dolores Strickstein, Secretary, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on September 3, 2008. 1 declare under penalty of perjury that the foregoing is true and correct. Dolores Strickstein Secretary - - S it PROOF OF PUBLICATION This is space for County Clcrk's Filing Su9mp (2015-5.C.C.P) STATE OF CALIFORNIA County of Riverside No 3120NOTICE OF.PUBLICCOUNCIL HSARING cFP counclL CITY OF PALM SPRINGS CASE i-1110 PD•327 ((ppA�P�LANNED DEVELOPMENT DISTRICT OL9 PRppEP IES LOCAIED AT 801NORTH PALM CANYON DRIVE Iy I am a citizen of the United States and a resident of oI mIC City o5 HEREBY YIOGIVEN IVE to that the nia Clld Council the County aforesaid;I am over the age of eighteen hearing at IL mauling oI SeptemCer.17, 2008.-The Ciry Council meeting bepins at KID p m,in the Counr years,and not a parry to or interested in the ell Chamber at City Hal,3200 East Tahqultc Canyon. above-entitled matter.I am the principal clerk of a Way.Palm springs, printer of the,DESERT SUN PUBLISHING The gurus,of this hBerinG is to consider an apohca• Iron y ipffi Archilacts for Nichols Propodius,pmpos- COMPANY a newspaper of general circulation, -inpp-a.two-story_mixed-use commercial J_residennal. bullding wffh covered akin and assoclated laws printed and published in the city of Palm Sprigs, inp on an eppmxlmala 24,16T square loDl lot at 901 Nadi Palm Canyon Drive Zoned C•1/R3 Overlay, County of Riverside,and which newspaper has been Section 10. adjudged a newspaper of general circulation by the Superior Court of the County of Riverside,State of California under the date of March 24,1988.Case Number 191236;that the notice,of which the annexed is a printed copy(set in type not smaller than non pariel,has been published in each regular .��•� _1) .l and entire issue of said newspaper and not in any - supplement thereof on the following dates,to wit: '-- •-•- -:•- b- September 6°1-2008--___Y--vyY" All in the year 2008 ENVIRONMENTAL DETERMINATION: The I certify(or declare)under penalty of perjury that the project was round to be exempt from envirenmentsl re- fore oin is true and correct. view per Section 15332(Inii l Development Projects) g g because a Is consistent with General Plan and Zoning dealppnations,within city limits on a project Bite is" thanlwa acres,is not threatening to habitat or jm spagw, Dated at Palm Springs,California this--8 ,—day wg not mull In any digrriAcant effects ralaling to traffic,noise,air-0ue,lit,-ar watervquallty,And can be adequately soivi2nd by all required umilin5 and public of-- September -- ----,2008 sawces . REVIEW OF PROJECT INFORMATION Th'e staff report and other au Nng documonls re arding --- this project are available for public review at II bolween the hours of 0.00 urn,and 6:do p.m, Monday Ihmugh Fdda77yy Pleats contact the Office al the City --- - - ansappom4�n310 revlw these documents. schetlule ?u gn COMMENT ON THIS APPLICATION - Response /� ••- la this notice may be made verbally at the Public Hear- r i1✓� .'".e.. 1;:� ing and/or In wr In,before the hearing,Written com- +r-.0 y1 ments may be me to the City Council by letter(for T 7.� mail or hand delivery)to G'1 7-C3 James Thompson City Clerk (! l--Jti,. •` D - 3200 E.Tahqult;Canyyon Way C �• Palm Springs,CA 92262 My cnalle20 of the proposedwissues, esJ raised court may by Periohearin to escribing only move issuesnat theen cpublic ome- heende described In o t City or In written for to o "`Z 6500tublicnce delivered to the ern Clerk at or prior m 6500E@](2J) hearing. (Government Coda $agian An opportunity will be givarl at said hearing for all inter- ested persons to be heard questions regarding this case may be directed to Kan Lyon Associate Planner, Planning$eNlceS Department at(760)323-e265. Si necesita ayuda Wit gostyya carte ponivor Ilame a Is Ciidadger leelom(m0ms2 ,245edo hablar can Nadine Jamey Thompson City Clark Publish":swift e NEIGHBORHOOD COALITION REPS Public Hearing Notice MR PETE MORUZZI Case 5.1110 PD 327 MODCOM AND PALM SPRINGS MODERN COMMITTEE Nichols Properties HISTORIC SITE REP I I I PO BOX 4738 CC Meeting 0.9.17.08 PALM SPRINGS CA 92263-4738 CITY OF PALM SPRINGS PLANNING SERVICES DEPARTMENT CASE 5.1110 PD 327 VERIFICATION NOTICE 1 1 1 ATTN SECRETARY MR& JOANNE BRUGGEMANS PO BOX 2743 506 W. SANTA CATALINA ROAD PALM SPRINGS, CA 92263-2743 PALM SPRINGS, CA 92263 MS MARGARET PARK AGUA CALIENTE BAND OF CAI-IUILLA AGUA CALIENTE BAND OF CAHUILLA INDIANS INDIANS I I I I 1 1 777 E TAHOUITZ CANYON WAY, STE 3 PALM SPRINGS CA 92262 MR JAMES CIOFFI MR STEPHEN NICHOLS CIOFFI ARCHITECT SPONSORS I 1 I NICHOLS PROPERTIES 2121 E.TAHQUITZ CANYON WAY,#3- 879 N. PALM CANYON DRIVE PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92262 MR JOHN SANBORN SANBORN A/E, INC. 71780 SAN JACINTO DRIVE, STE, E-1 RANCHO MIRAGE, CA 92270 M v U \' Laser Mailing Labels ���o /-A 3� 7 / a, Jam-Proof l./d 009-000-447 009-000-448 009-000-449 Planet Properties Lle Margaret M Teskey Paula Terifaj 1647 Collingwood Dr 4911 17Th St 130 N Brea Blvd San Diego, CA 32105-2240 San Francisco, CA 94117-420e Brea, CA 92821-500:1 009-000-450 009-000-451. 003-000-452 John E Wheatley William G & Cherie Wheatley John Oehrle 25008 Oakri.dge Rd 571 Wimbledon CL 197 W Via Lola 6 Stevenson Ran, CA 91381-1840 Eugene, OR 97401-1777 Palm Springs, CA 92262-4381 009-000-453 003-000-454 003-000-455 Marion A MCdonald *M* Laine Goldman Joseph Parisi 21702 Ocean Vista Dr B 666 N Palm Canyon ➢r 7 Avon Ave Laguna Beach, CA 92651-8145 Palm Springs, CA 92262-5523 Oceanport, NJ 07757-1309 009-000-456 009-000-458 009-000-459 Grace B Chav6z Marlene A & Thomas Eveland Stephen N & Kathy LatcurreLLE 197 W Via Lola 10 197 W Via Lola 12 1412 N 4Th St Palm Springs, CA 92262-4382 Palm Springs, CA 92262-4382 Coeur D Alene, ID 63814-3311 009-000-460 009-000-461 009-000-463 Gvorgy J & Andrea I-Iollovary Phillip 2 Lombardi Kenneth ➢ & Helene Steele 19'7 W Via Lola 14 2410 Lyra.0 Ave 1351 Wardman Dr Palm Spr. ngs, CA 92262-4383 Los Angeles, CA 90027-4655 area, CA 92821-2032 009-000-h64 009 -000-465 009-000-466 Ronald & Suzanne CrasilneCk SCuarl. & Lynne Anderson AM* Jane D Stetson 2123 spring Terrace Dr PO Box 382 404 NW Albemarle Ter Eugene, OR 97405-7017 Waldport, OR 97394-0382 Portland, OR 97210-3360 009-000-467 009-000-46 009-000-469 David M & Linda Marrow Rzchar Funaro Carolyn A ➢ockus 69780 Ste'I.1ar ➢r 1.056 Manzanita Ave G252 Greene Rd Rancho Mirage, CA 92270-2954 P m Springs, CA 92264-5118 Woodridge, IL e0517-1493 009-000-470 009-300-117 505-242-013 David W & Constance Robathan Whitewater Mutual Water Co Russell Assoc 375 Magnolia ➢r 879 N Palm Canyon Dr 16005 Sherman Way 211 Creswell, OR 97426-9432 Palm Springs, CA 92262-4423 Van Nuys, CA 914C6-4061 505-261-00 505-261-006 SCS-261-007 Villa De as Palmas Apartment 1.081. North Palm Canyon Ralla E Horne 197 W is Lola 21 993 N Patencio Rd 72877 Dinah Shore ➢r. 10312 P@ Springs, CA 92262-4384 Palm Springs, CA 92262-4361 Rancho Mirage, CA 92270-2709 505-261-008 505-261-003 505-261-0 Peter Souls *M* Peter Saul* AM* J Clay 648 N Monterey Rd 648 N Monterey Rd 346 marzsk Rd Palm Springs, CA 92262-6275I Palm Springs, CA 92262-6275 Pa l Springs, CA 92262-5728 ^,Corporate I SIGNATU RE _ 1.888.CE TODAY (238.63291 l��/Express La5er Mailing Labels / s ���`� f0 3dy /� �� Jam-Proof 505-261-011 505-261-012 505-262-001 Janet Brackey Morrow John & Linda Lawrence 80 Arlington Ave E 69760 Stellar Dr 2034 Peck Rd Saint Paul, MN 55117-4069 Rancho Mirage, CA 92270 El Monte, CA 91733-3727 505-262-004 505-262-005 505-263-001 Mark A Albertson Sterling Of Winters Jay B & Karen Jacobs PO Box 2834 1.0900 Wilshire Blvd 15Th 950 N Prescott Dr Palm Springs, CA 92263-2834 Los Angeles, CA 90024-6501 Palm Springs, CA 92262-5639 505-263-006 505-263-007 505-265-001 Benson & Nichols 2003 Keith W Volk Mcb Prop 879 N Palm Canyon Dr 1692 E 6Th St 844 N Mission Rd Palm Springs, CA 92262-4423 Beaumont, CA 92223-2510 Palm Spra.n9s, CA 92262-5635 505-265-002 SOS-265-003 505-265-004 Margaret Mohr Sieroty Prop Artisan Lofts 704 N Oakhurst Dr. 6022 Wilshire Blvd 201 195 S C St 250 Beverly Hills, CA 90210-3533 Los Angeles, CA 50036-3616 Tustin, CA 92780-3652 505-265-005 505-265-006 505-265-007 Artisan Lofts Artisan Lofts Jahn I•Ialderman 1533 E 4Th St 1533 E 4Th St 960 N Palm Canyon Dr Santa Ana, CA 92701-5115 Santa Ana, CA 92701-5115 Palm Springs, CA 92262-4422 505-265-008 505-265-009 505-265-010 J P & T Argyros J P & T Argyros J P & T Argyros 3205 Claremore Ave 3205 Claremore Ave 3205 Claremore Ave Long Beach, CA 9020a-1537 Long Beach, CA 90808 1537 Long Beach, CA 90808-1537 505-265-011 505-265-012 505-265-013 John Halderman John Halderman Lofts Artisan 960 N Palm Canyon Dr 960 N Palm Canyon Dr 1533 E 4Th St Palm Springs, CA 92262-4422 Palm Springs, CA 92262-4422 Santa Ana, CA 92701-5115 505-265-014 505-265-015 505-265-016 Lofts Artisan Lofts Artisan Artisan Lofts 1533 E 4Th St 1533 E 4Th St 135 S C St 250 Santa Ana, CA 92701-5115 Santa Ana, CA 92701-51.1.5 Tustin, CA 92790-3652 505-265-017 505-265-018 505-265-019 Sieroty Prop Sieroty Prop Margaret Mohr 6022 Wiishzre Blvd 201 , I 6022 Wilshire Blvd 201 704 N Oakhurst ➢r Los Angeles, CA 30036-3616 ii Los Angeles, CA 90036-3616 Beverly Hills, CA 90210-3533 505-265-020 505-2G -022 505-281-002 Margaret Mohr Vill Spartan W & H Hampton 704 N Oakhurst Dr 275 runer St 242 W Mountain View P.I. Beverly Hills, CA 90210-3533 H' sdale, TL 60521 Palm Springs, CA 92262-5670 C�Corporate I s 1 c N A T u R E 1.888.CE TODAY (238.6329) ss V Expre ^ - • Laser Mailing Labels Jam-Proof lI�-Q.R.. ,3� �� 3'Z � /Vrc'-•c-�,Q� ���.�� 505-283-002 505-283-010 505-283-011 Sherrod E Turner Robert Kiperman Prescott S & Stephen Nichols 86C N Prescott Dr 277 W Cl Portal 879 N Palm Canyon Dr Palm Springs, CA 92262-5692 Palm Springs, CA 92264-8319 Palm Springs, CA 92262-4423 505-283-012 505 283-013 505-283-016 Szanley K & ➢ehurha Clark Prescott S & Stephen Nichols Wardens Rector 879 N Palm Canyon ➢r 879 N Palm Canyon ➢r 125 W E1 Alameda Palm Springs, CA 92262-4423 Palm Springs, CA 92262 .4423 Palm Springs, CA 92262-5662 505-263-017 505-283-078 505-263-020 Rec Wardens & Vestrymen Of Pa Julie Leverence Sven Vennen 125 W E1 Alameda 4348 Van Nuys Blvd 200 960 W 16Th St Palm Springs, CA 92262-5662. Sherman Oaks, CA 91403-5555 Costa Mesa, CA 92627-4332 505-283-077 505-283-023 505-283-024 P resoot Sprlrigs Homeowners e M & Mia4ell Nallor 603 N Palm Canyon 5520 ac concourse 270 419 E Valmorite Sur PO Box 4794 Lor Angeles, CA 90045 Palm Springs, CA 92262-6036 Palm Desert, CA 92261-4794 505-285-001 505-285-002 505-285-003 Brent J & Dru Hall Brent J & Dru Hall Angel View Crippled Children: 894 N Palm Canyon ➢r 894 N Palm Canyon ➢r 12379 Miracle Hill Rd Palm Springs, CA 92262-4424 Palm Springs, CA 92262-4424 Desert Hot Sp, CA 92240-4010 506-285-004 505-285-005 505 .285-006 850 North Palm Canyon 850 North Palm Canyon Robert & Felicity Sinkow 650 N Palm Canyon Dr 850 N palm Canyon Dr 1999 S Caliente Rd Palm Springs, CA 92262-4424 Palm Springs, CA 92262-4424 Palm Springs, CA 92264-0310 505-285-008 S05-285-011 505-285-012 Jean & Fabian Bouche Wcr Holdings Wcr Holdings Dba Harlow Club PG Box 691774 1278 Glenneyre St 154 850 Glenneyre St W Hollywood, CA 90069-9774 Laguna Beach, CA 92651-3103 Laguna Beach, CA 92651-2733 507-151-009 507-151-010 S07-151-011 ? Springs Inn & Suites Dba 7 Theodore S Bettwy James C & Joan Hurger PO Box 2452 72297 Magnesia Falls Dr 370 E Simms Rd ha Jolla, CP- 920SS-2452 Rancho Mirage, CA 92270-4937 Palm Springs, CA 92262-2046 507-161-001 *** 85 Pr,intcd wxw Wayne Lang 14650 1st Ave S Seattle, WA 98168-5719 I/Corposs'ra,e s 1 G N A T u n E 1.888.CL TODAY(238.6329: Ex re NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE 5.1110 PD-327 A PLANNED DEVELOPMENT DISTRICT (PDD) BY CIOFFI ARCHITECTS FOR NICHOLS PROPERTIES LOCATED AT 901 NORTH PALM CANYON DRIVE NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of September 17, 2008. The City Council meeting begins at 6:00 p.m., in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider an application by Cioffi Architects for Nichols Properties, proposing a two-story mixed-use commercial / residential building with covered parking and associated landscaping an an approximate 24,167 square foot lot at 901 North Palm Canyon Drive, Zoned C-1/R3 Overlay, Section 10. ENVIRONMENTAL DETERMINATION: The project was found to be exempt from environmental review per Section 15332 (Infill Development Projects) because it is consistent with General Plan and Zoning designations, within city limits on a project site less than five acres, is not threatening to habitat or species, would not result in any significant effects relating to traffic, noise, air quality, or water quality, and can be adequately serviced by all required utilities and public services. REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this project are available for public review at City Hall between the hours of 8:00 a.m. and 5.00 p.m., Monday through Friday. Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the City Council by letter (for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Ken Lyon, Associate Planner, Planning Services Department at (760) 323-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede habl_ar con Nadine Fieger telefono (760) 323-8245. mes Thompson, City Clerk N Department of Planning Services w+B Vicinity Map $ 0 TACHEVAH DR } a t J a Lti I � } H H�rzMos r� EL-AL-AWE DA 0 w a o - -- v c� s � Legend ® ProjectF.rea RD oe }E1 Map od 67E no906 400' Buffor Vc Map for APN50 5-1 CITY OF PALM SPRINGS CASE NO: 5.1110 PD-327 DESCRIPTION: To consider an application by Cioffi Architects for Nichols Properties, proposing a two-story APPLICANT: Cioffi Architects for mixed-use commercial / residential building with covered Nichols Properties parking and associated landscaping on an approximate 24,167 square foot lot at 901 North Palm Canyon Drive, Zoned C-1/R3 Overlay, Section 10- APN 505-263-006. pF�M City of Palm Springs Office of die City Clerk + SZUU TfthL[U1LZ Cainnn WI PJ: mSpring s Cnlltornia 92162 ri-L IN))33 S-b2O4 • rAX (760)322-8:32 ' TDD:(760)Y(VI-95d: J L` q<<FORN�P November 20, 2006 Beth Nicholas and Sue Coty 224 Jasmine Avenue Corona del Mar, CA 92625 Dear Beth and Sue: Thank you for your correspondence dated November 14, 2006 and received by the City of Palm Springs on November 20, 2006, regarding public notice for the development project in the 900 block of North Palm Canyon Drive" State Law requires the City to provide 10-days written notice to the owners of real property within 300 feet as last reported on the equalized tax rolls. The Planning Commission scheduled an initial public hearing on this matter October 25th" In this circumstance, you purchased the property in July, 2006 and your purchase has yet been reported on the equalized tax rolls; hence notice was mailed to the owner of record per the tax rolls" I have confirmed with the Planning Department that another public hearing is tentatively scheduled for December 13, 2006. 1 have instructed the Planning Department to include you on the list for public notice for this project. Public Notice is not required to be mailed until December 2, 2006. 1 understand you will be out of the country on the date of the public hearing" I am sure the Planning Department would be more than happy to discuss the particulars of this project and your concerns via telephone, or alternatively the project documents are available for your inspection at City Hall, during business hours. Additionally, it is my understanding that Ged Kenslea (323) 860- 5225 is the representative from Villa Hermosa that the developer and architects are presently working with, to accommodate the concerns of Villa Hermosa residents. You may wish to provide your comments directly to the applicant via Ged Kenslea, in addition to submitting them to the City. The City staff and the Planning Commission value your input and you may provide any written testimony or submit any concerns in writing prior to the public hearing, and I will ensure they are delivered to the Planning Commission and City staff prior to taking action on the development. Thank you for your interest and regard for the City of Palm Springs. Sincerely, CITY OF PALM SPRINGS 'J mes Thompson ity Clerk � �� cc: Craig Ewing, Director of Planning David H. Ready, City Manager Post Office Box 2743 6 Palm Springs, California 92263.2743 November 14, 2006 James Thompson, City Clerk '' ! City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Re: Development of the Commercial Property Adjacent to the Villa Hermosa— 900 Block of North Palm Canyon Mr. Thompson, We have just been advised that the vacant lot, adjacent to our vacation home, is being developed by Messers Nichols and Cioffe. We received no written notice, either at the Villa Hermosa, or at our Corona del Mar residence. Additionally, I understand that our unit is the one that will be most adversely affected by the plan as originally presented. We own Unit 46 Apparently the next meeting, or the Planning Commission, is scheduled for December 0, 2006. We will be unable to attend as we will be in Europe. I am, therefore, requesting both written notice and a continuance until sometime after the holidays. Thank you, LVI Beth Nicholas and(Sue Coty Cc: Craig Ewing, Director of Planning David Ready, City Manager file Page 1 of 3 Kathie Hart From: Diane Bullock Sent: November 20, 2006 3:04 PM To: Kathie Hart Subject: RE: PC PHN Nichols & Cioffe -Villa Hermosa Hi Kathy, This project has been continued once without a presentation, but the PC did see the staff report. There is a Villa Hexrnosa Rep that the owners and architects have been working with all along. His name is GEA KENSLEA. The project is changing and they should contact their rep as well. These folks should talk to the rep and send a letter stating their concerns, but the project will not be taken off the agenda. Diane A. Bullock Associate Planner City of Palm Springs Tel: 760-323-8245 Fax:760-322-8360 Please note the new e-mail addresses below: Diane.Bullockgpalmsprings-ca c vv www.palmspNngs-ca.gov (.ire SimPh, eNpect little, give much From: Kathie Hart Sent: Monday, November 20, 2006 1:23 PM To: Diane Bullock Subject:: RE: PC PHN Nichols &Cioffe - Villa Hermosa OK—one more thing. Jay will be sending them a letter. Had this been before PC in the past? He is hoping to get a letter our to them today since they are going to Europe. ICaEGtie Kathie Hart, CMC 11/20/06 Page 1 of 1 PROPERi Y DETAIL REPORT CA- Owner Information; Owner Name: COTY SUE NICHOLAS BETH A Mailing Address! 224 JASMINE AVE CORONA DEL MAR CA 92625-3034 Phone Number: Vesting Codes: JT 1 UW1_3 Location Information: Legal Description: UNIT 1U6 CM 122I0981NT.IN COMMON IN LOT 1 OF TR 29987 MB 318/057 County FIPS: 6065 APN: 505-266.006 Census Tract/9lock: 0446013029 Thomas Bros.Map#; Legal BooklPage: 505-2$/ Tract#: 29987 Legal Lot: 1 Tract Name: Legal Block: Township-Rango-Sect: -- Last Market Sale Information: RecordinglSale Date: 07/28/2005 12006-03.03 00:00.00.0 1st Mtg AmounttType: $215,2001 CNV Sale Price: $269.000 ter Mtg Term/Due Date: 30 08/01/2036 Sale Type: F 1:t Mtg Dood Type: TR Document Number: 552779 2nd Mtg Amount/Type: $/ Deed Type: G 2nd Mtg Deed Typo: Title Company: FIRST AMERICAN TITLE Lender: JP MORGAN CHASE BK Seller Name: HUMPHREY DOUGLAS C JR Prior Sale Information: Prior Rec/Sale Date: 07126/2006103103/2006 Prior Sale Type: F Prior Sale Price: $269,000 Prior Deed Type: T Prior Doc Number: 552779 Prior gar Mtg Amt: $215,200 Property Characteristics: Gross Area: 0 Garage Area: 0 Construct Type: Living Area: 0 Garage Type: Heat Typo: Building Area: 0 Parking Type: Exterior wall: Total Rooms: 0 Parking Spaces: 0 Building Typo: Bedrooms 0 Basement Area: 0 Pool: Bath(F/H): 0/0 85mnt Finish Type: Pool Type: Year Built/Eff: ! Foundation: Air Conditioning: #of Stories: 0.0 Roof Shape: Style Type: Stories Type Roof Cover: quality: Units#: 0 Roof Framing: Floor: Condition: Fireplace: Site Information: Toning: Acres: 0.0 Fuel Type: Property Indicator: 11 Lot Area: 0 Sewer Type: Flood Panel to: Lot WidthlDepth: 0 x 0 Water Type: County Use: RC Land Use: 112 Tax Information: Assessed Value: $168.810 Property Tax: $2,050 Tax Year: 2005 Land Value: $56,100 Tax Area: 11042 Homestead Exemption: Improvement Value: $112,710 http://maps.digitalmapcentral.corn/production/CoreGIS/ver 1 76 f/index.litiul 11/20/2006 Jay Thompson From: Jay Thompson Sent: Thursday, February 15, 2007 4:44 PM To: 'pattishaffer@gmail.com' Subject: Notice Importance: High Patti, attached as a PDF file is the Notice of Public Hearing. Thank you for helping us out and posting it on the property! I hope the additional notice is helpful to your fellow homeowners that may not be on the tax rolls, and that may not have been included in the supplemental list we have been accumulating thru the help of the HOA. Also, I attached a letter with the Notice, which I hope explained the situation. We mailed all of this early (today), in the hopes your group could get advance notice of the change and not show up on 2/21. 1 hope your meeting with the Developer this week goes well . . . THANKS, again! Jay James Thompson, City Clerk City of Palm Springs, California TEL (760) 323-8204 31 01 1Pit 2/15/2007 FEBRUARY 27, 2007 23 L To: Mayor Ronald Oden CITY Mayor pro tem Steve Pougnet Council Member Ginny Foat Council Member Mike McCulloch Council Member Chris Mills City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 From: VILLA HERMOSA CONDOMINIUMS SUBCOMMITTEE 155 West Hermosa Place, #7 Palm Springs, CA 92262 Main Contact: Patricia Shaffer (760) 327-8389 RE; The Proposed Nichols Building -135 W. Hermosa Place Case Number 5.11100 PDD#327 Dear Council Members, At the City of Palm Springs Public Hearing held on January 24, 2007, the Planning Commission approved the above application four to one with two abstentions. We are opposed to the development as approved and ask the City Council to defeat this project as proposed. This is a fair and reasonable request that will certainly prove to be in the best interest of the City of Palm Springs. If this development is approved by the City Council, it will set a far reaching precedent for invalidating the zoning codes in favor of commercial properties to the detriment of residential ones. The Residents and owners of Villa Hermosa, originally designed in 1946 by local famed architect, Albert Frey, ask that the City Council enforce the 20'to 29' rear setback as required by the zoning code at our shared property line. The proposed construction encroaches to 6.5' from the Villa Hermosa property line. This project would become a dramatic precedent for commercial properties to trample over the rights of residences. DETAILED ANALYSIS Villa Hermosa residents and owners attended the January 24, 2007 Planning Commission meeting to voice our objections that the project does not conform to the zoning codes. It violates many zoning requirements: • height; front setback; side setback; rear setback; density; recreational courtyard/open space; and landscaping. We are not alone with our concerns; the City Engineer does not recommend the project as designed. Planning Commissioner Bill Scott voted against the project- He stated that the project should meet the 20' rear yard setback to address Villa Hermosa concerns- The codes and regulations enforced by the City of Palm Springs are for the benefit of the entire community. We believe this is best accomplished when community input is incorporated into the development plans. We would not like to see the City encouraging commercial developers to set their own standards and ignore the rights of the residents. PLANNING APPROVAL ERRORS Errors in Planning Report—The Planning Report states that the underlying zoning is a combination of 0-1, Retail Business Zone and R-2, Limited Multi-Family Residential. A Planning Staff Member stated at the January 24, 2007 meeting that in fact, the zoning is only C-1. Table 2.0 of the Planning Commission Report states that the proposed Rear Setback is 10'. In fact, the large second floor deck columns are proposed at 6.5'from the rear property line. Additionally, in the preface on page one, the report describes the project as a commercial building divided into four separate stores and eight second story residential apartments, but on page 18, Section 3.a, the report refers to the project as twelve residential condominiums. Mis-Linked public access documents-The Planning Department Staff Report dated January 24, 2007 was attached to the wrong agenda item making it impossible for us to review the final report prior to the meeting. Planning Commissioner conflict of interest- Commissioner Caffery recused himself, as did several other Commissioners, from comment and vote at the November 8, 2006 Public Hearing, however he did comment and vote at the January 24, 2007 hearing. We were told by Craig Ewing and James Thompson that the nature of Commissioner Caffery's conflict of interest, and how this same conflict of interest vanished between hearings, will be explained by Commission Caffery and put on record at the next hearing. We would like to make certain this happens as Commissioner Caffery made a vociferous appeal to the other Commissioners to approve this project at the January 24, 2007 hearing. Conflicting information regarding postponement of Case—We received written notification from the City of Palm Springs Department of Planning Services that the case was to be continued until the next City Council Meeting on March 7, 2007 (letter dated February 15th, 2Q07) but we have since obtained a copy of the Cioffi letter from the City (received by Planning Services February 20, 2007) that requests that"the Nichols Building [be] pulled from your hearing agenda indefinitely," It is difficult to Schedule all of our residents to attend these proceedings. We would appreciate clarity and sufficient notice. REFUTATION OF PLANNING COMMISSION STAFF REPORT REQUIRED FINDINGS The following are Villa Hermosa's point-by-point refutation of the Planning Commission's findings for the proposed Nichols Building as stated in the Planning Commission Staff Report dated January 24, 2007. Section 2.b— That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located; Page 2 of 4 REBUTTAL The Planning Commission Staff Report states, "the project design is compatible with the existing adjacent properties". The building incursion into the rear setback is not in harmony with, and is not desirable for, the adjacent residential property. This project defeats the objectives of the General Plan by removing the required setback buffer between the commercial and residential uses. The project also violates residential setbacks for the units on the second floor. The project is not compatible with the existing adjacent properties. The 6.5' setback is detrimental to the adjacent Villa Hermosa residences, as it does not provide for adequate open space, landscape, ventilation or natural lighting. Section 2.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; REBUTTAL The proposed building is too large for the site - it exceeds front, side and rear setbacks: The R-3 regulations require 29' rear setbacks- proposed is 6.5; The C-1 regulations require T front setback- proposed is 0'; The C-1 regulations require 20' side setback - proposed is 10'2" and 112'; and The C-1 regulations require 20' rear setback - proposed is 6.5'. The proposed Open Space/Usable Landscape Space is not adequate: The C-1 regulations require 50%open space/usable landscape space. The planning staff reports that 24% of the lot is considered open landscape space. The applicant contends that if the private second-story deck is included, then the combined open space is 40%, We agree with the Planning Staff that the 24% is not adequate. The Staff Report notes that "past interpretations of open space for other projects have required that the open space be located on the ground floor." The lot is substandard in depth.- The C-1 regulations require 150' - proposed is 112'. While we do not object to the development of a substandard lot, we believe that the developer needs to have realistic expectations of how much usable square footage can be accommodated by this lot. The code allowances should be followed. The proposed setbacks are not compatible with the existing adjacent properties. Within two blocks of the Nichol's lot to the north and south, we have identified at least seven properties containing both new and old structures where existing commercial properties abutting residential properties contain rear setbacks of between 40' to 60'. Page 3 of 4 CONCLUSION Although we continue to remain open to a mutually beneficial resolution, we are forced to ask the City Council to defeat this project as proposed. The Villa Hermosa residents and owners are looking forward to a quality, mixed-use development, we simply request that it be built within existing codes and regulations. Thank you for your time and consideration. Respectfully, Q , 'X Patricia A. Shaffer Thomas N. Trautmann Andrew J. Bernoff The Villa Hermosa Condominiums Subcommittee Copy to- Mr. David Barakian, City Engineer Mr. Craig Ewing, Director of Planning Services Mr. Fred Lowndes, Associate Planner Mr. James Thompson, City Clerk Villa Hermosa Residents and Owners Page 4 of 4 March 1, 2007 iQQ9 ,. „ 2 FN 2• To: Mayor Ronald Oden Mayor pro tem Steve Pougnet C-i Council Member Ginny Foat Council Member Mike McCulloch Council Member Chris Mills City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 From: VILLA HERMOSA CONDOMINIUMS SUBCOMMITTEE 155 West Hermosa Place, #7 Palm Springs, CA 92262 Main Contact: Patti Shaffer(760) 327-8389 RE: The Proposed Nichols Building -135 W. Hermosa Place Case Number 5.1110, PDD#327 Dear Council Members, In our letter addressed to you, dated February 27,2007, we listed a number of objections to the design of the proposed Nichols building. The Villa Hermosa Condominiums Subcommittee met with Steve Nichols about this project on March 1, 2007 at 3:30 PM at his offices. He confirmed that he is currently reworking the plans for this project. He also informed us that he has already asked the city to postpone this case until he submits the revised plans. We were pleased to hear that Mr. Nichols is open to sharing the revisions with us once they are drawn and is amenable to our feedback. We look forward to reviewing the revised drawings and reaching an equitable conclusion. Thank you for your time and consideration. Respectfully, C Patricia A. Shaffer, Thomas N. Trautmann, Andrew J. Bemoff v Villa Hermosa Condominiums Subcommittee, on behalf of Villa Hermosa Residents and Owners Copy to Mr. Steve Nichols Mr. James Cioffi Mr. David Barakian, City Engineer Mr. Craig Ewing, Director of Planning Services Mr. Fred Lowndes, Associate Planner Mr. James Thompson, City Clerk Villa Hermosa Residents and Owners February 26, 2007 To: Mr. Steve Nichols (Via Fax: 760-323-1594) 879 N-Palm Canyon Drive Palm Springs, CA 92262 r Mr. James Cioffi, Architect (Via Fax: 760-327-8214) 2121 East Tahquiitz Canyon Way, #3 Palm Springs, CA 92262 From: VILLA HERMOSA CONDOMINIUMS SUBCOMMITTEE 155 West Hermosa Place, #7 Palm Springs, CA 92262 Main Contact: Patti Shaffer (760) 327-8389 RE: The Proposed Nichols Building -135 W. Hermosa Place Dear Mister Nichols and Mister Cioffi, We were disappointed that you cancelled our last meeting that had been scheduled for Thursday, February 15, at 10:00 am at your offices. Per your phone call with Patti Shaffer on Wednesday, February 14, you stated that you were reworking the plans for the proposed development at 135 W. Hermosa Place and wanted more time to address some utilities issues. If you are truly interested in input from your neighbors at Villa Hermosa, is seems only logical that you would want to meet with us before your plans are finalized and in particular, before the upcoming City Council meeting on March 71h We are requesting the opportunity to meet with you as soon as possible and discuss our concerns about this project- It is our hope that we can reach a compromise that all parties will be happy with and that we would be able to support your efforts to obtain City Council approval. We suggest a meeting this Friday, March 2ntl in the afternoon. Please let us know if this date and time will work for you and if not, please provide us with some other meeting time options. Thank you for your time and consideration. We look forward to hearing from you. Please call either Patti Shaffer at 760-327-8389 or Thomas Trautmann at 415-336-9037. RrEia y,PShaffer, Thomasr .Trautman , Andrew J. Bernoff(Vosa Condominiums Subcommittee, on behalf of the Villa Hermosa Residents and Owners) Cc: v _ Villa Hermosa Residents and Owners Council Member Ginny Foat _ Council Member Mike McCulloch Council Member Chris Mills _ -- Mayor Ronald Oden _ Mayor pro tem Steve Pougnet '-- - City of Palm Springs - 3200 E.Tahquitz Canyon Way Palm Springs, CA 92262- cp7 February 8, 2007 / To: Mr. Steve Nichols (Via Fax: 760-323-1594) FEB 13 2007 879 N. Palm Canyon Drive _- Palm Springs, CA 92262 - Mr. James Cioffi, Architect (Via Fax: 760-327-8214) 2121 East Tahquitz Canyon Way, #3 Palm Springs, CA 92262 From: VILLA HERMOSA CONDOMINIUMS SUBCOMMITTEE 155 West Hermosa Place, #7 - Palm Springs, CA 92262 Main Contact: Patti Shaffer (760) 327-8389 RE: The Proposed Nichols Building - 135 W. Hermosa Place Dear Mister Nichols and Mister Cioffi, On behalf of the Owners and Residents of Villa Hermosa Condominiums, we request a meeting with you both to discuss our concerns of the proposed Nichols Building at 135 W. Hermosa Place. Our hope is to share with you our findings and objections as noted in our previous letters addressed to the Palm Springs Planning Commission and work with you to alter the currently proposed project as necessary to the satisfaction of all concerned. We suggest a meeting this Friday afternoon sometime after 2:00 pm at a place of your choice. Please let us know if this date and time will work for you, and if not, please provide us with some other meeting time options- Thank you for your time and consideration. We look forward to hearing from you. Please call either Patti Shaffer at 760-327-3389 or T hornas Trautmann at 415-336-9037, Respectfully, Patricia A. Shaffer, Thomas N. Trautmann, Andrew J- Bernoff (Villa Hermosa Condominiums Subcommittee, on behalf of the Villa Hermosa Residents and Owners) Cc: Villa Hermosa Residents and Owners Council Member Ginny Foat Council Member Mike McCulloch Council Member Chris Mills Mayor Ronald Oden Mayor pro tem Steve Pougnet City of Palm Springs 3200 E. 7ahquitz Canyon Way Palm Springs, CA 9226b