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4/2/2008 - STAFF REPORTS - 1.B.
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PALM SPRINGS, CA -,P.0 grvgRiPnru}ndvFilmis.nef r ��ppLM SAR .y n u , c N '1411:°"NO CITY COUNCIL STAFF REPORT M v DATE: APRIL 2, 2008 PUBLIC HEARING SUBJECT: CASE 5.1171 PD-351, A PLANNED DEVELOPMENT DISTRICT AND CASE TTM 35544, A TENTATIVE TRACT MAP, FOR THE Clh CONVERSION OF AN EXISTING 13-UNIT APARTMENT COMPLEX TO A 12-UNIT CONDOMINIUM COMPLEX LOCATED AT 588 SAN C LORENZO ROAD ZONED R-3, SECTION 23. m FROM: David H. Ready, City Manager r BY: Department of Planning Services 0 SUMMARY m The City Council will consider a request by Greg Jackson of Sienna Productions, on Z behalf of the owners, Foundation Enterprise Group, LLC_ to create a one lot subdivision for condominium purposes and to establish a Planned Development District (PDD) to rl convert an existing 13 unit apartment building into a 12 unit condominium complex. The project includes construction of covered parking, installation of a six foot high perimeter wall with gate along San Lorenzo Road and installation of additional landscaping. This project was recommended for approval by the Planning Commission on December 12, 0 2007, ... RECOMMENDATION 1. Open the public hearing and receive public testimony. X 2. Adopt Resolution No. _ "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1171 PD-351 AND TENTATIVE TRACT MAP 35544 FOR THE CONVERSION OF AN —� EXISTING 13 UNIT APARTMENT COMPLEX TO A 12 UNIT CONDOMINIUM COMPLEX LOCATED AT 588 SAN LORENZO ROAD ZONED R-3 SECTION 23, Item No. 1 e V e City Council Staff Report April 2,2008 Case:5 1171 PD351,TTM 35544 Page 2 of 3 ANALYSIS r Site Plan and Tentative Tract Map a The subject site is developed with an existing two story U-shaped apartment building, Z landscaping, pool area and parking. The project is located on the north side of San Z Lorenzo Street and is bounded on the west by Random Road, and other developed lots on the north and the east. An existing center courtyard contains a swimming pool, spa Ill and patio area and provides 38 feet separation between building legs. D Tentative Tract Map 35544 will combine lot 19 consisting of 0,33 acre and lot 18 consisting of 0.40 acre for a total 0.73 acre site. The lots will be combined to form a single lot subdivision for condominium purposes C7 Parking, Landscaping and Walls M The applicant is proposing to redesign the parking area to provide a new access from C Random Road, in addition to the existing access from San Lorenzo Road. The applicant M has proposed a carport for 12 parking spaces of the 22 spaces being provided which r conforms to the minimum off-street parking spaces required by the PSZO. The redesign of the parking area will provide additional landscaped areas and a new 3.5 foot high 0 screening wall within the 25 foot setback area and a 6 foot high wall setback 25 feet from Random Road and San Lorenzo Road. The applicant also proposes to install two electric gates setback 25 feet from Random Road and San Lorenzo Road. Six foot high walls are permitted when such walls are not built within defined yard setback areas. Five of the 22 parking spaces consist of existing bay parking accessed off San Lorenzo m Street. Z Planned Development District The project conforms to the density limits set forth in the Palm Springs General Plan (high density residential). D The Planned Development District is requested to seek relief from setbacks and lot — depth. The existing building has an interior side yard setback of approximately 11.5 feet, and a rear setback of approximately 8.8 feet. The R-3 zone requires a side yard setback X equal to the building height, but no less than ten feet and a rear yard setback equal to the building height, but no less than ten feet. The height of the existing building is 24 feet (two stories), thus the existing interior side and rear yard setbacks are nonconforming by roughly 12.5 feet and 152 feet respectively. The existing street side yard setback is three feet; the R-3 zone requires a twenty foot setback, thus this existing condition is non conforming by roughly seventeen feet. City Council Staff Report April 2,2008 Case,5 1171 PD351 TTM 35544 Page 3 of 3 The depth of the subject lots are 149 feet. The R-3 zone requires lot depths of 150 feet when facing a local or collector street (San Lorenzo Road is a local street). r The applicant is also requesting relief from the regulations governing front yard wall a height. A six foot high block wall set back 18 feet from San Lorenzo Road is proposed to provide a private walkway from the complex to the parking area and to screen the Z existing swimming pool and spa areas. PSZO limits wall heights within the front yard Z setback to be no greater than 4.5 feet. m A more detailed description can be found in the attached Planning Commission Staff Report. The normal procedure for Planned Developments is the filing of a preliminary development plan application subject to approval by the Planning Commission and the City Council. The applicant would then file a final development plan for approval by the Planning Commission. Staff has deviated from this procedure since this application is m for the conversion of an existing apartment building into condominiums without any substantial alterations to the existing building. The applicant has filed combined C preliminary and final PD applications as permitted under Section 94.03.00(E)(4) of the m Zoning Code. Therefore, the Planning Commission approved final development plans r at its December 12, 2007 hearing, subject to Council approval of the PDD. 0 ENVIRONMENTAL ANALYSIS The project has been evaluated and determined to be Categorically Exempt under the provisions of Section 15301 (Existing Facilities) of the California Environmental Quality m Act ("CEQA"). Z 'Eras A. wing ICP Thomas Wilso Dir for of PI in S rices Assistant City onager O David H. Ready, ger U) Attachments: 1. Vicinity Map ;0 2. Draft Resolution & Conditions of Approval 3. Planning Commission Staff Report and Resolution No. 7081 n 4. Planning Commission Minutes (Excerpt) 5. Site Plan 6. Elevations aaoo�� Department of Planning Services r, J Vicinity Map wvw-raliL FL rc 0 f r Y Ct 2 H FIJEF;I�E Oft Ne" 9 RVEk OE Cc 7 a SaN LpP.FNZO Ro uE5�1111'E nv C Legend FrojedSlte �nwveauefiv� 400 foot P.adws Surrounding Parcels CITY OF PALM SPRINGS _ DESCRIPTION: To consider an application by Greg CASE NO. 5.1171 PD 351 Jackson, agent for the Foundations Enterprise Group, TTM 35544 LLC, for a Planned Development District 351 and Tentative Tract Map 35544 to create a one lot APPLICANT. Greg Jackson, Agent condominium map for the conversion of 13 existing Foundations Enterprise apartment units to 12 condominium units located at 588 Group, LLC San Lorenzo Road, zoned R-3, APN, 508-191-013. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1171 PD351 AND TENTATIVE TRACT MAP 35544 FOR THE CONVERSION OF AN EXISTING 13 UNIT APARTMENT COMPLEX TO A 12 UNIT CONDOMINIUM COMPLEX LOCATED AT 588 SAN LORENZO ROAD ZONED R-3, SECTION 23, WHEREAS, Sienna Productions (applicant), on behalf of Foundations Enterprise Group, LLC (owners), have filed an application with the City pursuant to the Palm Springs Municipal Code Section 94,03.00 for Case 5,1171 PD351, a Planned Development District, and pursuant to the Palm Springs Municipal Code Section 9.60 for Case TTM 35544, a Tentative Tract Map, for the conversion of an existing 13 unit apartment building to 12 condominium units located at 588 San Lorenzo Road, Zone R-3 Section 23; and WHEREAS, said Planned Development District and Tentative Tract Map applications were submitted to appropriate agencies as required by the requirements of the Palm Springs Municipal Code, with the request for their review, comments, and requirements,- and WHEREAS, on December 12, 2007, a public hearing on the application Case 5.1171 PD351 and Tentative Tract Map 35544 was held by the Planning Commission in accordance with applicable law, and at said hearing, approved preliminary and final development plans for Case 5.1171 PD351 and recommended approval of Case 5.1171 PD351 and Case TTM 35544 to the City Council, via Resolution No. 7081; and WHEREAS, the project is Categorically Exempt under the provisions of Section 15301 (Existing Facilities) of the California Environmental Quality Act ("CEQA"). WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Case 5.1171 PD351 and Case TTM 35544, was given in accordance with applicable law, and WHEREAS, on April 2, 2008, a public hearing an the application was held by the City Council in accordance with applicable law; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented. City Council Resolution April 2, 2008 Case 5,1171 PD351, TTM 35544 Page 2 of 6 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1 Pursuant to Section 94.03.00 (E) of the Zoning Code, a Planned Development District (PDD) may be established in accordance with the procedures required by Section 94.02,00, The Planned Development District is required in this case to address variations in setbacks and lot depth. Findings are hereby made in support of establishing the proposed Planned Development District as follows. (a) The proposed planned development is consistent and in conformity with the General Plan pursuant to Sections 94.07.00 (A)(1) and 94.02.00 (A)(4) of the Palm Springs Zoning Code. The proposed project is for the conversion of an existing thirteen (13) unit apartment building into twelve (12) condominium units. This proposal is in conformity with the density of the General Plan and the R3 Zoning. This request is a decrease in density by one dwelling unit. (b) 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 land uses are deemed to be desirable for the public welfare and convenience and is in conformity with the General Plan and its objectives, and are authorized by the Zoning Code. The existing use on the subject site is an apartment building. Under the Planned Development District, the proposed project reduces the number of dwelling units from 13 to 12. Existing land uses in the vicinity include hotel developments and multiple-family residential development. This proposal is in conformity with the pattern of development in the vicinity. (c) 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. City Council Resolution April 2, 2008 Case 5.1171 P0351, TTM 35544 Page 3 of 6 The proposed development is similar to the character and design of the existing developments in the area. The proposal does not add any additional structures to the site. All existing setbacks that have been established are staying the same. The 0.73 acre site adequately accommodates the existing 13 unit apartment building associated parking and landscaping. The subject request will reduce the dwelling units to 12; therefore, the site will adequately accommodate the reduction. (d) 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 subject site currently is developed and has an established street network adequately servicing the site. The traffic generated by the proposed request would not increase since the proposal is to covert from 13 apartment units to 12 condominium units. (e) The conditions to be imposed and shown on the approved site plan, and other conditions of approval attached, are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards under the Planned Development District. Conditions imposed on the approved site plan include the following: • Dedication of an easement 4 feet wide along San Lorenzo Road for sidewalk purposes. • Dedication of an easement 4 feet wide along Random Road for sidewalk purposes. • Re-surface the parking area to City standards. Section 2 Pursuant to Section 66427.1 of the Government Code, The legislative body shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project unless it finds all of the following: (a) Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has received, pursuant to Section 66452.9, written notification of intention to convert at least 60 days prior to the filing of a tentative map pursuant to Section 66452, There shall be a further finding that each such tenant, and each person applying for the rental of a unit in such residential real property, has, or will have, received all aaaaa� City Council Resolution April 2, 2008 Case 5 1171 PD351, TTM 35544 Page 4 of 6 applicable notices and rights now or hereafter required by this chapter or Chapter 3 (commencing with Section 66451). In addition, a finding shall be made that each tenant has received 10 days' written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, and that such report will be available on request. (b) The written notices to tenants required by this subdivision shall be deemed satisfied if such notices comply with the legal requirements for service by mail. The applicant sent notices to the tenants of the apartment building on October 4, 2006. All of the tenants chose to find other suitable accommodations and vacated the building as of November of 2006. (c) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given written notification within 10 days of approval of a final map for the proposed conversion. This notice is not required since the building has been vacant for approximately one year. (d) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given 180 days' written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. The provisions of this subdivision shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent or the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code. All of the tenants were given 180 day notice of the intention to convert to condominiums and choose to relocate to other facilities and the building has been vacant for approximately one year. (e) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public on terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right. 000038 City Council Resolution April 2, 2008 Case 5.1171 PD351, TTM 35544 Page 5 of 6 The tenants were given notice of an exclusive right to contract for the purchase of their respective units. The tenants choose to relocate to other facilities; the building has been vacant for approximately one year. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Case 5.1171 PD351, Planned Development District 351, and approves Case TTM 35544, Tentative Tract Map 35544, subject to Conditions of Approval. ADOPTED THIS 2N" DAY OF APRIL, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk 0090C9 City Council Resolution April 2, 2008 Case 5.1171 PD351, TTM 35544 Page 6 of 6 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 2, 2008, by the following vote: AYES: NOES.- ABSENT- ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 006019 RESOLUTION NO. EXHIBIT A Case No, 5.1171 PD351 AND TTM 35544 588 SAN LORENZO ROAD April 2, 2008 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, PLANNING SITE SPECIFIC 1. Remove the gate motor from the first parking space under the car port north of San Lorenzo Road to provide a total of 12 covered parking spaces. ADMINISTRATIVE 2. 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. 3. 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 No. 5.1171 PD351 and TTM 35544, 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 or 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 00001 CC Conditions of Approval April 2 2008 Case 5 1171 PD351, TTM 35544 Page 2 of 17 abandon the matter without the applicant's consent but should it do so, the City shall waive further indemnification hereunder, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 4. Non-compliance with any of the conditions of this approval, or with City codes and ordinances, State laws; any valid citizen complaints or policing and safety problems (not limited to excessive alcohol consumption, noise, disturbances, signs, etc) regarding the operation of the establishment; as determined by the Chief of Police or the Director of Planning and Zoning, may result in commencement of proceedings to revoke the Minor Application pursuant to Section 94.02.00 of the Zoning Ordinance. In addition, violations of City Codes and Ordinances will result in enforcement actions that may include citations, arrest, temporary business closure, or revocation of this permit in accordance with law. 5. Submit A check in the amount of$64.00 made payable to Riverside County Clerk for the recording of the Notice of Exemption to CEQA review. 6. 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, 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. 7. This project shall be subject to Chapters 224 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 112% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 8. 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 000012 CC Conditions of Approval April 2, 2008 Case 5.1171 P0351, TTM 35544 Page 3 of 17 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 9. 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 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. 10.The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3,500.00, for the review of the CC&R's by the City Attorney. A $664 filing fee shall also be paid to the City Planning Department for administrative review purposes. 11.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 12. 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. 13. 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 Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning and Zoning and after the consultation the Director shall have the authority to CC Conditions of Approval April 2, 2008 Case 5.1171 PD351, TTM 35544 Page 4 of 17 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 Aqua 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. FINAL DESIGN 14.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. 15.The project shall be subject to the following development standards: Standard Permitted Lot Area 31,967 square feet Lot Width 204 feet Lot Depth 149.03 feet _..__.._ -Density 1 unit/2,500 sq. ft.-ft- -Building Height 24 feet (2-Story) Setbacks Front Yard 25.2 feet �LL Street Side Yard 25 feet Interior Side Yard 11.5 feet Rear Yard Set Back 8.8 feet Building Distance 12 feet Building Separation 38 feet Parkin 22 12 covered Height of Wall in Front Yard 6 feet 0 en Space 45% 16.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. 000014 CC Conditions of Approval April 2, 2008 Case 5.1171 PD351, TTM 35544 Page 5 of 17 17.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. 18,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. 19.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. 20.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. 21.All materials on the flat portions of the roof shall be earth tone in color. 22.All awnings shall be maintained and periodically cleaned. 23.All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 24.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. 25.Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 26.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. 27.The street address numbering/lettering shall not exceed eight inches in height. 28.Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 0000�� CC Conditions of Approval April 2, 2008 Case 5.1171 PD351, TTM 35544 Page 6 of 17 29.Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 30.No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 31.No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 32.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. 33.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. 34.The applicant shall provide all tenants with Conditions of Approval of this project. 35.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. 36.Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 37.Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 38.Compact and handicapped spaces shall be appropriately marked per Section 93.06.00.C.10. 39.Curb8 shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. Goaais CC Conditions of Approval April 2, 2008 Case 5.1171 P0351, TTM 35544 Page 7 of 17 40.Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 41,Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements. 42.Shading requirements for parking lot areas as set forth in Section 9305.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 43.Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 44.Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) feet wide. 45.Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. 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. STREETS 46.Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. SANLORENZO ROAD 47.Dedicate an easement 4 feet wide along the back of the proposed driveway approaches for sidewalk purposes. 48.Remove the three existing driveway approaches and replace with new street improvements (curb, gutter, and sidewalk) as necessary to match existing street improvements in accordance with applicable City standards. 49.Remove the existing street improvements as necessary to construct a 10 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. CC Conditions of Approval April 2, 2008 Case 5 1171 P0351, TTM 35544 Page 8 of 17 201, The centerline of the driveway approach shall be located approximately 12 feet west of the east property line. 50.Remove the existing street improvements as necessary to construct a driveway approach to accommodate bay parking stalls along the San Lorenzo Road frontage in accordance with City of Palm Springs Standard Drawing No. 201. The proposed bay parking stalls shall be relocated 4 feet on-site to accommodate an accessible path of travel along the back of the driveway approach. Bay parking stalls shall be located completely on-site, behind sidewalk, and not within public right-of-way. The centerline of the driveway approach shall be located approximately 70 feet west of the east property line. 51.For on-site bay parking in residential and commercial zones, paving material shall be decorative paving, colored and/or patterned to relate to the overall design in accordance with Zoning Code 93.06 00 (C)(15)(e) 52.All broken or off grade street improvements shall be repaired or replaced. RANDOM ROAD 53.Dedicate an easement 4 feet wide along the back of the proposed driveway approach for sidewalk purposes. 54.Remove the existing street improvements as necessary to construct a 24 feet wide two-way driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. The centerline of the driveway approach shall be located approximately 30 feet southerly of the north property line. 55.All broken or off grade street improvements shall be repaired or replaced. ON-SITE 56 The minimum pavement section for all on-site pavement parking lots 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. 57.An accessible pedestrian path of travel shall be provided throughout the development, as may be required by applicable state and federal laws. An accessible path of travel shall be constructed of Portland cement concrete, unless alternative materials meeting state and federal accessibility standards is approved by the City Engineer. 000078 CC Conditions of Approval April 2, 2008 Case 5.1171 PD351. TTM 35544 Page 9 of 17 SANITARY SEWER 58.AII on-site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site sewer system acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. GRADING 59.Submit a Precise Grading and Paving Plan prepared by a California registered civil engineer to the Engineering Division for review and approval, for the areas of the approved site plan that are to be renovated and reconstructed. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD,gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. The Precise Grading and Paving Plan shall be approved by the City Engineer prior to issuance of grading permit. 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 Water Quality Management Plan (WQMP). 60.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, Richard Begay (760-699-6907), or the Tribal Archaeologist, Patty Tuck (760-699-6907), 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 0000a, 9 CC Conditions of Approval April 2, 2008 Case 5 1171 PD351, TTM 35544 Page 10 of 17 monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring. 61.Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 62.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 63.All stormwater runoff across the property shall be accepted and conveyed in a manner acceptable to the City Engineer and released to an approved drainage system. Stormwater runoff may not be released directly to the adjacent streets without first intercepting and treating with approved Best Management Practices (BMP's). 64.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. GENERAL 65.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 000029 CC Conditions of Approval April 2, 2008 Case 5,1171 PD351, TTM 35544 Page 11 of 17 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. 66.On phases or elements of construction following initial site grading (e.g., sewer, storm drain, or other utility work requiring trenching) associated with this project, the applicant shall be responsible for coordinating the scheduled construction with the Aqua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. Unless the project site has previously been waived from any requirements for Tribal monitoring, it is the applicant's responsibility to notify the Tribal Historic Preservation Officer, Richard Begay (760-669-6907), or the Tribal Archaeologist, Patty Tuck (760-669-6907) for any subsequent phases or elements of construction that might require Tribal monitoring. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during construction, and to arrange payment of any required fees associated with Tribal monitoring. Tribal monitoring requirements may extend to off-site construction performed by utility companies on behalf of the applicant (e.g. utility line extensions in off-site streets), which shall be the responsibility of the applicant to coordinate and arrange payment of any required fees for the utility companies. 67.All proposed utility lines shall be installed underground. 68.In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities adjacent to and across the property, meet the requirement to be installed underground. Utility undergrounding shall extend to the nearest off-site power pole; no new power poles shall be installed unless otherwise approved by the City Engineer. A letter from the owners of the affected utilities shall be submitted to the Engineering Division prior to approval of a grading plan, informing the City that they have been notified of the City's utility undergrounding requirement and their intent to commence design of utility undergrounding plans. When available, the utility undergrounding plan shall be submitted to the Engineering Division identifying all above ground facilities in the area of the project to be undergrounded. Undergrounding of existing overhead utility lines shall be completed prior to issuance of a certificate of occupancy. 009021 CC Conditions of Approval April 2, 2008 Case 5.1171 PD351, TTM 35544 Page 12 of 17 69.The applicant is advised that deferral of utility undergrounding requires specific approval by the Planning Commission and City Council. If utility undergrounding is deferred in accordance with specific direction by the Planning Commission and/or City Council, the record property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a building 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 developer prior to issuance of any grading or building permits. 70.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. 71.Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 72.The original improvement plans prepared for the proposed development and approved b the City Engineer shall be documented with record drawing "as-built" Y Y 9 9 information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 73.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. 74.All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904. MAP 75.A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part 000022 CC Conditions of Approval April 2, 2008 Case 5.1171 PD351, TTM 35544 Page 13 of 17 of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permit; in the absence of a building permit, the Final Map shall be approved by the City Council prior to issuance of certificate of occupancy. 76.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. 77.Applicant shall provide tenant notification for subdivisions to be created from the conversion of residential property into a condominium project in compliance with Sections 66427.1 and 66452.3 of the Subdivision Map Act. 78.Upon approval of a final map, the final map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of- way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map, map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD 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 79.A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the San Lorenzo Road and Random Road frontages of the subject property. 80.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. 000028 CC Conditions of Approval April 2, 2008 Case 5.1171 PD351, TTM 35544 Page 14 of 17 PUBLIC SAFETY CFD 81.The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government Code Section 53311 et seq, or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. Premises Identification: 82.Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) Show location of address on plan elevation view. Show requirement and dimensions of numbers in plan notes. Numbers shall be a minimum 4 inches, and of contrasting color to the background. Plot Plan: 83.Prior to completion of the project, a 8.5"x11" plot plan and an electronic CAD version shall be provided to the fire department. This shall clearly show all access points, fire hydrants, knox box locations, fire department connections, unit identifiers, main electrical panel locations, sprinkler riser and fire alarm locations. Large projects may require more than one page. Fire Sprinklers Required: 84.An automatic fire sprinkler system is required. Residential Smoke Detector Installation With Fire Sprinklers. 85.Provide Residential Smoke Detectors (FIREX # 0498 accessory module connected to multi-station FIREX smoke detectors or equal per dwelling and fire sprinkler flow switch). Detectors shall receive their primary power from the building wiring, and shall be equipped with a battery backup. (310.9.1.3 CBC) In new construction, detectors shall be interconnected so that operation of any smoke detector causes the alarm in all smoke detectors within the dwelling to sound. (2-2.2.1 NFPA 72) Provide a note on the plans showing this requirement. 090024 CC Conditions of Approval April 2, 2008 Case 5 1171 Po351, TTM 35544 Page 15 of 17 Fire Department Access: 86.Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) 87.Minimum Access Road Dimension a. Private streets shall have a minimum width of at least 20 feet, pursuant to California Fire Code 902.1 however, a greater width for private streets may be required by the City engineer to address traffic engineering, parking, and other issues. For two-way private streets, a minimum width of 24 feet will be required, unless otherwise allowed by the City engineer, to the minimum of 20 feet required by the Fire Code. No parking shall be allowed in either side of the roadway. a. Roads must be 30 feet wide when parking is not allowed on only one side of the roadway. c. Roads must be 40 feet wide when parking is not restricted. d. Based on the median requirements fire department will require both left and right turn access to this development. Road Design: 87, Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds GVW. (902.2.2.2 CFC) The minimum inside turning radius is 30 feet, with an outside radius of 45 feet. Access: 88. Fire department access roads shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150' from such roads. CFC 902.2.1 Access Gates: 89. Fire/Police/Ambulance access gates shall be at least 14' in width when in the open position and equipped with a Knox (emergency access) key switch. A Knox key operated switch shall be installed at every automatic gate. Show location of switch on plan. Show requirement in plan notes. aQ�az� CC Conditions of Approval April2, 2008 Case 5.1171 PD351, TTM 35544 Page 16 of 17 Vertical Fire Apparatus Clearances: 90 Palm Springs fire apparatus require an unobstructed vertical clearance of not less than 13 feet 6 inches. (902.2.2.1 CFC) Building or Complex Gate Locking Devices: 91, Locked gate(s) shall be equipped with a Knox key switch device or Key box. Boxes shall be mounted at 6 feet above grade. Contact the Fire Department at 760-323- 8186 for a Knox application form. (902.4 CFC) Key Box Contents: 92 The Knox key box shall contain keys to all areas of ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical rooms, elevator rooms, elevator controls, plus a card containing the emergency contact people and phone numbers for the building/complex. Fire Flow: 93, Fire flow for this project is estimated to be 1,650 GPM with fire sprinklers. Water Supply: 94. The water supply and location/s of fire hydrants must be approved prior to any work being performed on the job site. (903.1 CFC) Operational Fire Hydrants: 95. An operational fire hydrant(s) shall be installed within 250' of all combustible construction. No landscape planting, walls, or fencing is permitted within 3 feet of fire hydrants, except groundcover plantings. (1001.7.2 CFC) Trash Container Protection: 96. If trash container space is within 5 feet of a building wall provide information on the type and size of trash container to be stored there. If it is a dumpster with a capacity of 1.5 cubic yards or greater, then the container must be protected by an approved automatic fire sprinkler. (1103.22 CFC) Fire Extinguisher Requirements: 97. Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. (1002.1 CFC) Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is along the path of exit Q0002S CC Conditions of Approval April 2, 2008 Case 5.1171 PD351, TTM 35544 Page 17 of 17 travel or near an exit door. Extinguishers located outdoors must be installed in weather and vandal resistant cabinets approved for this purpose. Fencing Required: 98. Construction site fencing with 20 foot wide access gates is required for all combustible construction over 5,000 square feet. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. (8,04.260 PSMC) Access During Construction: 99. Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'6". Fire Department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC) END OF CONDITIONS 000027 r F FALMS,, V n Z Fx s + L Cq�rFOR��p Planning Commission Staff Report m ❑ Date: December 12, 2007 Case No_: 5.1171 PD351 ❑ TTM 35544 m Application Type: Planned Development District C Tentative Tract Map m Location: 588 San Lorenzo Road r Applicant: Greg Jackson of Sienna Productions 0 'D APN: 508-191-013 & 031 Zoning: R-3 (Multi-Family and Hotel) CT1 General Plan: High Density Residential From: Craig A. Ewing, AICP, Director of Planning Services Planner: Christopher Brown, Contract Planner v DESCRIPTION Greg Jackson of Sienna Productions has submitted applications for a Planned Development District (PDD) and a Tentative Tract Map (TTM) to merge two lots for the purpose of converting an existing 13 unit apartment building into 12 condominium units, construct covered parking, provide cabanas, erect six foot high screening walls and gates along Random Road and San Lorenzo Road, and install additional landscaping 0 on approximately 0.73 acres at 588 San Lorenzo Road. 000028 Planning Commission Staff Report December 12,2007 Case 5.1171 PD351,TTM3554,1 Page 2 of 3 RECOMMENDATION .� That the Planning Commission_ r • Approve preliminary and final development plans for Case 5.1171 PD351 a • Recommend approval of Case 5.1171 PD351 and TTM 35544 to the City Council Z PRIOR ACTIONS Z On October 8, 2007, the Architectural Advisory Committee (AAC) voted 5-0-2 (Hudson M and Wexler absent) to re-study the project. The Committee had the following comments: 0 • Use natural colored concrete block for the wall • Reduce the proposed wall to three feet • Revise the parking layout O • Submittal of a landscape plan Ill On November 13, 2007, the AAC reviewed the revised plans and voted 5-0-2 (Hudson C and Jurasky abstaining) to recommend approval of the project to the Planning Ill Commission. BACKGROUND AND SETTING r O The applicant is requesting the conversion from apartments to condominiums to '13 accommodate inquiries he has received asking if he had any condominiums for sale. The existing 13 unit apartment complex contains a swimming pool, spa, parking and landscaping. There were six (6) apartment units on the first floor and seven (7) on the M second floor. The applicant has combined the small one bedroom apartment on the second floor with the front apartment on the first floor for a total of twelve (12) Z condominium units. General Plan The project is consistent with the General Plan. The project site is designated High Density Residential, This designation supports duplexes, townhouses, apartments, and O hotels at a density of 15.1 to 30 dwelling units per acre. The project density is 16.4 -- dwelling units per acre (12 units / 0.73 acre). The project is compatible with existing N land uses in the area as identified in Table 1. The project is supported by General Plan Policy LU1.0 which encourages appropriately placed high density residential development. _ The project is consistent with General Plan Policy LU2.5 which promotes the 0 consolidation of lots to facilitate infill development. -I 000029 Planning Commission Staff Report December 12,2007 Case 5 1171 PD351 TTM35544 Page 3 of 8 The project is supported by General Plan Policy LU62 which encourages new residential infill development. r Table 1: Surrounding Land Uses General Plan zoning Land Use Z Z North High Density Residential R-3 Church m South Small Hotel Resort Commercial R-2 Resort Hotel East Small Hotel Resort Commercial R-3 Multi-Family Residential West Mixed Use/Multi-Use C-1 Vacant O M Zoning C The project is zoned R-3 (Multi-Family and Hotel). The project is generally consistent M with the Palm Springs Zoning Code which permits multi-family development. (PSZC, r Sec. 92.04.01(A)) Deviations from the strict application of the Zoning Code are O requested in regards lot depth and setbacks, as discussed below. ANALYSIS r Site Plan and Project Design m The subject site has an existing U-shaped building, associated landscaping, and Z parking. The center court yard contains a swimming pool, spa and lounge area, and provides 38 feet separation between building legs. The existing building has an interior side yard setback of 11.5 feet and a rear setback of 8.8 feet. TTM 35544 will merge Lot 19 consisting of .33 acres and Lot 18 consisting of .40 acres for a total of .73 acre site. Parking, Landscaping and Walls The applicant is proposing to redesign the parking to provide a new access from N Random Road in addition to the existing access from San Lorenzo Road. The applicant has proposed a car port for 12 parking spaces of the 22 spaces being provided. The —I redesign of the parking area will provide additional landscaped areas and a new 3.5 foot X high screening wall within the 25 foot setback area and a 6 foot high wall setback 25 feet from Random Road and San Lorenzo Road. The applicant also proposes to install two electronic gates setback 25 feet from Random Road and San Lorenzo Road. Six 0 foot high walls are permitted outside of setback areas. �VIjUvQ Planning Commission Staff Deport December 12,2007 Case 5,1171 PD351 Y7M35544 Page 4 of 8 Planned Development District Section 94.03.00 of the Zoning Ordinance states:... "The Planned Development District r is designed to provide various types of land use, which can be combined in compatible relationships with each other as part of a totally planned development. It is the intent of this district to insure compliance with the general plan and good zoning practice while Z allowing certain desirable departures from the strict provisions of specific zone classifications, The advantages, which are intended to result from the application of the Z planned development district, are to be insured by the adoption of a precise M development plan with a specific time limit for commencement of construction." v The Planned Development District is requested to seek relief from setbacks and lot depth. The existing building has an interior side yard setback of approximately 11.5 feet, and a rear setback of approximately 8.8 feet. The applicant is proposing a six foot high block wall setback 18 feet from San Lorenzo Road to provide a private walkway from 0 the complex to the parking area and to screen the existing swimming pool and spa areas. A comparison of the permitted development standards and the proposed M development standards are included in Table 2 C m Table 2: Permitted and Proposed Development Standards r R-3 Permitted Proposed O Lot Area 20,000 square feet 31,967 s uare feet Lot Width 170 feet 204 feet - Lot Depth 165 feet 149.03 feet Density 1 unit/2,000 sq. ft_ 1 uniU2,500 sq. ft. Building Height 24 feet (2 -Story) 24 feet (2-Story M Setbacks Z Front Yard 25 feet 25.2 feet Street Side Yard 20 feet 3 feet -I Interior Side Yard 10 feet 11.5 feet or e ual to building height Rear Yard Set Back 10 feet or 8.8 feet 0 equal to building height ( 24 feet) Buildin Distance feet) feet 12 feet Building Separation 30 feet with Interior Court 38 feet Yard Larking 22 Spaces 12c2vered) 22 (12 covered) Height of wall 4.5 feet 6 feet _ Open Space 45% The normal procedure for Planned Developments is the filing of a preliminary development plan application subject to approval by the Planning Commission and the City council. Then the applicant would file a final development plan for approval by the 0 0 0 0 3 i Planning Commission Staff Report December 12,2007 Case 5.1171 PD351,TTM35544 Page 5 of 8 Planning Commission, Staff has deviated from this procedure since this application is .� for the conversion of an existing apartment-building into condominiums without any substantial alterations to the existing building. The applicant has filed preliminary and r final PD applications as permitted under Section 94.03.00(E)(4) of the Zoning Code. Therefore, this hearing constitutes both the preliminary and final PD approval review. Z REQUIRED FINDINGS Z Planned Development District M The provisions of Section 94.03.00(6) of the Palm Springs Zoning Code states that the Planning Commission and City Council shall find that the proposed uses as shown on the preliminary development plan for the PD are in conformity with the required findings and conditions set forth in Section 94.02.00 (Conditional Use Permit), the General Plan and sound community development. 0 m Findings are hereby made in support of establishing the proposed Planned C Development District as follows: M 1. The proposed planned development is consistent and in conformity with the r General Plan pursuant to Sections 94.07,00 (A)(1) and 94,02.00 (A)(4) of the Palm Springs Zoning Code. Q The proposed project is for the conversion of an existing thirteen (13) unit apartment building into twelve (12) condominium units. This proposal is in conformity with the density of the General Plan and the R3 Zoning. This request is a decrease in density by one dwelling unit. m Z 2. 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 land uses are deemed to be desirable For the public welfare and 0 convenience and is in conformity with the General Plan and its objectives, and are authorized by the Zoning Code. The existing use on the subject site is an apartment N building, Under the Planned Development District, the proposed project reduces the number of dwelling units from 13 to 12. Existing land uses in the vicinity include hotel developments and multiple-family residential development. This proposal is in conformity with the pattern of development in the vicinity. 3. 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 009632 Planning commission Staff Report December 12,n07 Case 5.1171 PD351 TTM35544 Page G of 8 required in order to adjust such use to those existing or permitted future uses of land in the neighborhood. r The proposed development is similar to the character and design of the existing > developments in the area. The proposal does not add any additional structures to the site. All existing setbacks that have been established are staying the same. Z The 0.73 acre site adequately accommodates the existing 13 unit apartment Z building associated parking and landscaping. The subject request will reduce the m dwelling units to 12; therefore, the site will adequately accommodate the reduction. 4. 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. v The subject site currently is developed and has an established street network m adequately servicing the site. The traffic generated by the proposed request would not increase since the proposal is to covert from 13 apartment units to 12 condominium units. M 5. The conditions to be imposed and shown on the approved site plan, and other r conditions of approval attached, are deemed necessary to protect the public health, Q safety and general welfare and may include minor modification of the zone's property development standards under the Planned Development District. Conditions imposed on the approved site plan include the following: M • Dedication of an easement 4 feet wide along San Lorenzo Road for sidewalk Z purposes. _q • Dedication of an easement 4 feet wide along Random Road for sidewalk purposes. • Re-surface the parking area to City standards. Tentative Tract Map 0 Pursuant to Section 66427.1 of the Government Code, The legislative body shall not U) approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project unless it finds all of the following: �] (a) Each of the tenants of the proposed condominium, community apartment project n or stock cooperative project has received, pursuant to Section 66452.9, written notification of intention to convert at least 60 days prior to the filing of a tentative ^-I map pursuant to Section 66452. There shall be a further finding that each such tenant, and each person applying for the rental of a unit in such residential real 000032 Planning Commission Staff Report December 12 2007 Case 5 1171 PD351,TTM35544 Page 7 of 8 property, has, or will have, received all applicable notices and rights now or hereafter required by this chapter or Chapter 3 (commencing with Section 66451). In addition, a finding shall be made that each tenant has received 10 r days' written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, and that such report will be available on request. The written notices to tenants required by this subdivision z shall be deemed satisfied if such notices comply with the legal requirements for service by mail. M The applicant sent notices to the tenants of the apartment building on October 4, 2006. All of the tenants chose to find other accommodations and vacated the building as of November of 2006. The building has remained vacant since November of 2006 (b) Each of the tenants of the proposed condominium, community apartment project, O or stock cooperative project has been, or will be, given written notification M within10 days of approval of final map for the proposed conversion. C This notice is not required since the building has been vacant for approximately M one year. r- (c) Each of the tenants of the proposed condominium, community apartment Q project, or stock cooperative project has been, or will be, given 180 days' written .� notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. The provisions of this subdivision shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent or the M obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code. Z All of the tenants were given 180 day notice of the intention to convert to --I condominiums and choose to relocate to other facilities and the building has been vacant for approximately one year- (d) Each of the tenants of the proposed condominium, community apartment project, 0 or stock cooperative project has been, or will be, given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same Gn terms and conditions that such unit will be initially offered to the general public on terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right. 0 The tenants were given notice of an exclusive right to contract for the purchase --I of their respective units. The tenants choose to relocate to other facilities, the building has been vacant for approximately one year. Planning commission Staff Report December 12,2007 Case 5.1171 PD351,TTM35544 Page 8 of 8 ENVIRONMENTAL ASSESSMENT r Pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines (Existing Facilities), the division of existing multiple-family residences into common-interest ownership, where no physical changes occur, which are not otherwise Z exempt, are Categorically Exempt. Z NOTIFICATION M A public hearing notice was advertised and was mailed to all property owners within 400 feet of the subject property/adjacent property owners. As of the writing of this report, staff has not received any comment. v M istophe rown rai A win CP m Contract Planner Director of PI nni g Services r 0 ATTACHMENTS: T 1. Vicinity Map 2. Draft Resolution m 3. Conditions of Approval 4. Site Plan Z 5. Elevations O W 0 MOWS RESOLUTION NO. 7081 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR CASE 5.1171 PD351 AND RECOMMENDING THAT THE CITY COUNCIL APPROVE CASE 5.1171 PD351 AND TENTATIVE TRACT MAP 35544 FOR THE CONVERSION OF AN EXISTING 13 UNIT APARTMENT BUILDING TO 12 CONDOMINIUM UNITS LOCATED AT 588 SAN LORENZO ROAD, ZONE R-3, SECTION 23. WHEREAS, Sienna Productions (applicant), on behalf of Foundations Enterprise Group, LLC (owners), have filed an application with the City pursuant to the Palm Springs Municipal Code Section 94.03.00 for a Planned Development District and pursuant to the Palm Springs Municipal Code Section 9.60 for a Tentative Tract Map for the conversion of a 13 unit apartment building to 12 condominium units located at 588 San Lorenzo Road, Zone R-3 Section 23; and WHEREAS, the Applicant has filed Case Number 5.1171 Planned Development District 351 and Tentative Tract Map 35544 with the City and has paid the required filing fees; and WHEREAS, said Planned Development District and Tentative Tract Map was submitted to appropriate agencies as required by the requirements of the Palm Springs Municipal Code, with the request for their review, comments, and requirements; and WHEREAS, notice of the public hearing of the Planning Commission of the City of Palm Springs to consider Case Number 5.1171 PD351 and Tentative Tract Map 35544, was given in accordance with applicable law; and WHEREAS, on December 12, 2007, a public hearing on the application Case Number 5.1171 PD351 and Tentative Tract Map 35544 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the project is Categorically Exempt under the provisions of Section 15301 (Existing Facilities) of the California Environmental Quality Act ("CEQA"). WHEREAS, the Planning Commission 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. Planning Commission Resolution December 12, 2007 Case 5,1171 PD351, TTM 35544 Page 2 of 5 THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1 Pursuant to Section 94.03.00 (E) of the Zoning Code, a Planned Development District (PDD) may be established in accordance with the procedures required by Section 94,02.00. The Planned Development District is required in this case to address variations in setbacks and lot depth. Findings are hereby made in support of establishing the proposed Planned Development District as follows: (a) The proposed planned development is consistent and in conformity with the General Plan pursuant to Sections 94.07.00 (A)(9) and 94.02.00 (A)(4) of the Palm Springs Zoning Code. The proposed project is for the conversion of an existing thirteen (13) unit apartment building into twelve (12) condominium units. This proposal is in conformity with the density of the General Plan and the R3 Zoning. This request is a decrease in density by one dwelling unit. (b) 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 land uses are deemed to be desirable for the public welfare and convenience and is in conformity with the General Plan and its objectives, and are authorized by the Zoning Code. The existing use on the subject site is an apartment building. Under the Planned Development District, the proposed project reduces the number of dwelling units from 13 to 12. Existing land uses in the vicinity include hotel developments and multiple-family residential development. This proposal is in conformity with the pattern of development in the vicinity- (c) 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. 009037 Planning Commission Resolution December 12, 2007 Case 5.1171 PD351, TTM 35544 Page 3 of 5 The proposed development is similar to the character and design of the existing developments in the area. The proposal does not add any additional structures to the site. All existing setbacks that have been established are staying the same. The 0.73 acre site adequately accommodates the existing 13 unit apartment building associated parking and landscaping. The subject request will reduce the dwelling units to 12: therefore, the site will adequately accommodate the reduction- (d) 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 subject site currently is developed and has an established street network adequately servicing the site. The traffic generated by the proposed request would not increase since the proposal is to covert from 13 apartment units to 12 condominium units. (e) The conditions to be imposed and shown on the approved site plan, and other conditions of approval attached, are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards under the Planned Development District. Conditions imposed on the approved site plan include the following: • Dedication of an easement 4 feet wide along San Lorenzo Road for sidewalk purposes. • Dedication of an easement 4 feet wide along Random Road for sidewalk purposes. • Re-surface the parking area to City standards. Section 2 Pursuant to Section 66427.1 of the Government Code, The legislative body shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project unless it finds all of the following: (a) Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has received, pursuant to Section 66452.9, written notification of intention to convert at least 60 days prior to the filing of a tentative map Planning Commission Resolution December 12, 2007 Case 5.1171 PD351, TTM 35544 Page 4 of 5 pursuant to Section 66452. There shall be a further finding that each such tenant, and each person applying for the rental of a unit in such residential real property, has, or will have, received all applicable notices and rights now or hereafter required by this chapter or Chapter 3 (commencing with Section 66451)_ In addition, a finding shall be made that each tenant has received 10 days' written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, and that such report will be available on request. (b) The written notices to tenants required by this subdivision shall be deemed satisfied if such notices comply with the legal requirements for service by mail. The applicant sent notices to the tenants of the apartment building on October 4, 2006. All of the tenants chose to find other suitable accommodations and vacated the building as of November of 2006. (c) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given written notification within 10 days of approval of a final map for the proposed conversion. This notice is not required since the building has been vacant for approximately one year. (d) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given 180 days' written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. The provisions of this subdivision shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent or the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code. All of the tenants were given 180 day notice of the intention to convert to condominiums and choose to relocate to other facilities and the building has been vacant for approximately one year. (e) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that GOG039 Planning Commission Resolution December 12, 2007 Case 5.1171 PD351, TTM 35544 Page 5 of 5 such unit will be initially offered to the general public on terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right. The tenants were given notice of an exclusive right to contract for the purchase of their respective units. The tenants choose to relocate to other facilities; the building has been vacant for approximately one year_ NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves preliminary and final development plans for Case 5.1171 PD351 and recommends approval of Case 5.1171 and TTM 35544 to the City Council. ADOPTED this 121h day of December, 2007. AYES: 5, Scoff, Cohen, Marantz, Hochanadel, Ringlein NOES: 1, Caffery ABSENT: None. ABSTAIN: None. ATTEST- CITY OF PALM SPRINGS, CALIFORNIA ai A. ing, P Dir r of Plan ' Services 000540 City of Palm Springs Planning Commission Minutes of December 12,2007 -Dan e�Hogan, Palm Springs, spoke in opposition of the project, concerned with the height d mass for the neighborhood. -Dan Va 6e{ntino, Palm Springs, spoke in opposition of the project, concerned with mass and the hillsi a designation given to this property_ -Tom Warrickalm Springs, spoke in opposition of the project, concerned with mass and hillside designation for this property- -John Harrell, Palm'\Springs, spoke in opposition of the project, addressed rear access road and voiced co cern with the hillside designation, mass, compatibility and preservation- -Steve Van, addressed tes 'Tony, addressed the hillside ordinance and the right to build on this property. Mr. Van regb ststed approval of the project. There being no further comments, t e Public Hearing was closed. Commissioner Caffery stated this part has been determined as a hillside lot and the argument is if the project meets the inte of the hillside ordinance. Mr_ Caffery felt it should be respectful of the surrounding area nd conform to the land. Chair Marantz indicated that she drove by the • operty and none of the surrounding homes are 26 feet in height. Vice Chair Hochanade) noted if this project was brli t with a flat roof(18 feet) it would only be limited to the criteria of the architectural uidelines within the Zoning Code, Commissioner Caffery stated he is in opposition of the proje because he felt it is inconsistent with the intent of the hillside ordinance - the additi��ial height was not used in conformance with the slope of the land, and the project desigNs not respectful of the surroundings and of an inappropriately large scale. M/SIC (Caffery/Scott, 5-1/Vice Chair Hochanadel) To deny. Mr. Ewing noted this is a recommendation to the City Council and would be schedNled for a City Council hearing. { a. Case 5.1171 PD 351 / TTM 35544 _ An application by Greg Jackson of Sienna Productions, to create one lot for the purpose of converting the existing 13 unit apartment building into 12 condominium units with covered parking, a six foot high wall with gate along San Lorenzo Road on approximately 0.73 acres located at 588 San Lorenzo Road, Zone R-3, Section 23, APN: 508-191-013 and 031. (Project Planner Christopher j Brown, Contract planner) b 5 000041 City of Palm Springs Planning Gommissivn Minutes of December 12,2007 I' Christopher Brown, Contract Planner, provided background information as outlined in the staff report dated December 12, 2007- Mr- Brown noted an error on page 4 of the li staff report, the street side yard setback indicated 3 feet and should be 25 feet, I Chair Marantz opened the public Hearing: I -Greg Jackson, representing the applicant, provided further details on the architecture and indicated the gate will be used for security purposes. -Wes Campbell, Palm Springs, stated this building has been vacant and neglected for a quite awhile; and the conversion would be great for the area. j There being no further comments the Public Hearing was closed. j Commissioner Caffery expressed concern with apartment conversions ultimately affecting affordable housing in the city. Commissioner Ringlein also expressed concern with affordable housing and noted that the tribe has initiated a work force housing group to provide affordable housing throughout the valley. Commissioner Caffery noted difficulty in approving this project because he does not have adequate information on the number of apartment rentals within the city. Commissioner Scott noted that many of the smaller apartment complexes do not qualify for condominium conversion because they do not meet the parking requirements. M/S/C (Scott/Cohen, 5-1/Caffery) To recommend approval to the City Council, subject I to Conditions of Approval 41�- Case 5.1161 CUP-A (Gene Autry Plaza) - An application by D.R. West, LLC to am the existing Conditional Use Permit to allow a drive-through facility and con t approximately 67,232 square feet of retail commercial at the southeast com Gene Autry Trail (Highway 111) and Ramon Road, Zone W-101,1, Section 20, 6ti0-170.044. (Project Planner. David A. Newell, Assistant Planner) Mr. Robertson stated a request was received fr e applicant to continue this item to January 9, 2008. M/S/C (Ringlein/Cohen, 6-0) To continue, to the meeting of Janua 2008. 6 000042 F ;_ E" r Z ,i7 3 e - - - b Lj _ ILL �1 J ;, Ir ter- I LL w 0 LL 06 - --' SAN LORENZO ROAD` PROPOSED SITE PLAN & FIRST FLOOR o n AS 1 _ o o J t� c�i _ :• .r PROPOSED SOUTH ELEVATION & PERIMETER WALLSqF © '~ _ GATE DETAIL SCREEN BLOCK - - - y prs _ c — i PROPOSED EAST ELEVATION & PERIMETER WALLS scaE 1A,-1'A z O � LL LU �+•t�aa,s e Ll W Vj 0 Z f d24, a 0 86 ui -- PROPOSED SOUTH ELEVATION & PERIMETER WALLS SME 10-1't� o A2.1 0 - � J CJ PROOF OF PUBLICATION This:is space for County Clcrk's Filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside I No,0899 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PA4M SPRINGS CASE 5.1171•PLANNED DEVELOPMENT DISTRICT 351 TENTATIVE TRACT MAP 355aq 566 SAN 40flENZ0 ROAD I am a citizen of the United States and a resident of NOTICE Is HEREBY GIVEN That tllp Clty Council of the Cityry of Palm Springs,California,will hold s ppubllc the County aforesaid;I am over the age of eighteen hearing at its meellnp of April 2,2c00. Tod Ci v Coun• ail realm?g begins of 6 00 p m.,m the Councl Cham- years,and not a party to or interested in the bar at Clly Hell, 3200 EaNt lahqult2 Canyon Way, abovetatitled matter.I am the principal clerk of a Palm springs tinter of t4 DESCRY SUN PUBLISIZING The pummoru of the hoanil is ro consider an epplice- P lion by Crog Jnnkson,agenu for the Foundations Enter. COMPANY a newspaper of general circulation, pros i roup,LLc,rot e Planned Dovelopprent Distract fid onlailvoTractMaptocreateaonalolcondominl- printed and published in the city of Palm Springs, units top12 condominium conversion I Thr prrofoct p,,m od County of Riverside,and which newspaper has been l -11586 San Lorenao Road zoned R.3. adjudged a newspaper of general circulation by the Superior Court of the County of Riverside,State of I (.a� o=a•"meei=rei.,.ramu5 ramp, , M.n California under the date of March 24,1988.Case o-nnv• ,-..-,I_ ----- Number 191236;that the notice,of which the ill -_:1 z:_r;:_ —I��!I.-I,J _- annexed is a printed copy(set in type net groper l �i"-• •' _�_ I\ l than non pariel,has been published in each regular and entire issue of said newspaper and not in any it �,j•. (l� l�-1 supplement thereof on the following dates,to wit: March 22nO,2008 All indiC year2008 I certify(or declare)under penalty of perjury that the ENVIRONMENTA4 DETERMINATION; This foregoing is true and correct pried is calegoncauy exempt from enim vnmiental ra- view pursuant I0 sad ion 15 of (Ewsang Facii llo 0f I ho nlepml9 Envnonmental quality Act (CE wheroaa tho proposed Planned Develp Mont District Dated at Palm Springs,California this----2riu', —day and Tenlahve Tract Map meet the conuPtians outltnud for existing facilities REVIEW OF PROJECT INFORMATION; The of--"- March — ---- --,2(IOS ^talf ruporl,rnd other supporting documents regard,g `� fits project am avaelr a Por public rnvlew at❑ y Hall between Ilia scum of 0-00 a.in and 500 p.m Monday Cilurggot Frady. 7G0 a23 ea04 contact o tould likeeto whedolp an appmrnMaol to review these documenfs --- COMMENT ON THIS APPLICATION: Response 1' to Inrs nonce tpay to medu verbally of the Public Hear- �% CV Inn an1n%,'1 wdtlnpp helore Inc hearing Wrlpon caM- ..nC maliarha dd l etryj;d:the City Council by lunar(foi L flC CD ✓r y[ Janos Thompson City Clark L:.:) 2-- D-C 3200 E.Tahqudi Canyyon Way Palm Springs GA B2262 J Any challenge of the proposed protect in court may b0 La: I'mllod to raising only those Issues raised at ilia public z U hodring described in this notice, or In carillon corre- C7C- N y.. •pondonce delivered to Tho City Clerk a or pgpr to, L1� Low the ppWGc n0adng (Government Code Section 6500g[ol(2J)- -�`-� An Opportunity,will he given at said llearin9 for all me,Eslod perans to oa heard Questions regarding this case may do directed to Ken Lyon,As;oclate Planner, N Planning SerAces DOpartment at(760)323-1 , Cn Si nacosita ayuda con esta calla,porfavor Ilamo a la Ciudad do Palm 5ppnnnlg ..y puade fabler con Nann, i"ugertulefono(7E0)3Z3� 245. James Thompson City Clerk Published:3P22/ds CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION 0 CITY CLERK'S DEPARTMENT James Thompson, City Clerk City Council Meeting Date: April 2, 2008 Subject; 588 San Lorenzo Road, PDD 351 (Case 5,1171) 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 or before March 21, 2008, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (53 notices) I declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF PUBLICATION 1, 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 published in the Desert Sun on March 22, 2008. 1 declare under penalty of perjury that the foregoing is true and correct. 9�r1 " Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, 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 or before March 21, 2008. I dec re under pena ty of perjury that the foregoing is true and correct. Dolores Stricks ein, Secretary aaaQ� � NEIGHBORHOOD COALITION REPS Case 5.1171 PD 351,TTM 35544 MR PETE MORUZZI Foundations Enterprise MODCOM AND PALM SPRINGS MODERN COMMITTEE PHN for CC Meeting 09-28.08 HISTORIC SITE REP 1 1 I PO BOX 4738 PALM SPRINGS CA 92263-4738 CITY OF PALM SPRINGS PLANNING SERVICES DEPARTMENT CASE 5.1171 PD 351 VERIFICATION NOTICE II 1 1 ATTN SECRETARY MRS.JOANNE BRUGGEMANS PO BOX 2743 506 W.SANTA CATALINA ROAD PALM SPRINGS, CA 92263-2743 PALM SPRINGS, CA 92262 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA INDIANS INDIANS I I I 1 1 1 5401 DINAH SHORE DRIVE PALM SPRINGS CA 92264 MR TOM BAUER SIENNA PRODUCTIONS FOUNDATIONS ENTERPRISE GROUP, 40-634 CARMEL MOUNTAIN DRIVE SPONSORS LLC INDIO, CA 92203 9160 EAST BAHIA DRIVE, STE.201 SCOTTSDALE,AZ 85260 ECO-ENVIRONMENT CONCEPTS SAXON ENGINEERING SERVICES, INC. OFFICE 1030 CALLS SOMBRA, SUITE A2 2009 TACHEVAH DRIVE SAN CLEMENTE, CA 92673 PALM SPRINGS, CA 92262 i 508172009 508172010 508172011 PALM CANYON 102 RIVERSIDE COUNTY FLOOD CONT RIVERSIDE COUNTY FLOOD CONT 100 WILSHIRE BLVD 1845 1995 MARKET ST 1995 MARKET ST SANTA MONICA, CA 90401 RIVERSIDE, CA 92501 RIVERSIDE, CA 92501 508172012 508191002 508191003 RIVERSIDE COUNTY FLOOD CONT MCLENNAN,EVAN R& PHYLLIS H TRUST BRA ARUBA &MANDIE TRUST NE 1995 MARKET ST 621 S RIVERSIDE DR DBA RUBA APTS RIVERSIDE, CA 92501 PALM SPRINGS, CA 92264 9229 W SUNSET BLVD 414 LOS ANGELE-S, CA 90069 508191004 508191005 508191011 DURBIN,VIRGINIA TRUST DBA DESERT HOUGH,MICHAEL D SAN GREGORIO X CO RIVERSIDE APTS 735 S RIVERSIDE OR 425 VIA CHICO 560 S CALLE ABRONIA PALM SPRINGS, CA 92264 PALOS VERDES ESTATES, CA 90274 PALM SPRINGS, CA 92264 508191012 508191013 PSP SUN RESORTS DBA MATADOR HOTEL ALOFOUNDATIONS ENTERPRISE GROUP DBA 508191030 PO BOX 1186 1701 E PALMS BURLINGAME, CA 94011 P HO E T ,AZ 85 RD 201 PHOENIX,AZ 85016 508191031 508192022 508192023 FOUNDATIONS ENTERPRISE GROUP GREEN,MICHAEL C DUKE,JAMES E 1701 E THOMAS 201 555 E SAN LORENZO RD 641 E SAN LORENZO RD PHOENIX,AZ 85015 PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92264 508192024 508192025 508192034 TORTUGA DEL SOL DBA TORTUGA DEL FABER,MARK JOVELLANOS,DEBBIE M TRUST SOL 1927 S NAVAJO DR 1849 12TH ST 715 E SAN LORENZO RD PALM SPRINGS, CA 92264 SANTA MONICA, CA 90404 PALM SPRINGS, CA 92264 508192036 508192037 508192038 CHESWORTH,LIONEL MARK&MARTHA NAGY,MARGA FREED,GREGORY E&MARIE M COYLE PO BOX 5022 3475 N LOS COYOTES DIAGONAL 680 E MESQUITE AVE CAREFREE,AZ 85377 LONG BEACH, CA 90808 PALM SPRINGS, CA 92264 508192039 508192040 508192041 TYLER,MARILYN L TRUST GREEN,MICHAEL C KESTER,ROBERT VERNER 1126 WINTHROP LN 555 E SAN LORENZO RD 700 E MESQUITE AVE VENTURA, CA 93001 PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92264 508291011 5082910/3 508291014 WOODS,BARBARA KELLEY,STEVEN E HILDNER,JONATHAN D&APRIL 0 205 E MESQUITE AVE 10866 FRUITLAND DR 241 E MESQUITE AVE PALM SPRINGS, CA 92264 STUDIO CITY, CA 01604 PALM SPRINGS, CA 92264 508291015 508291036 508311001 BRYAN,FRANK MARTIN,EVERETT R DALE,RONALD J &LEANN E 249 E MESQUITE AVE 225 E MESQUITE AVE 253 E MESQUITE AVE PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92264 508311002 508311004 508311034 HOPPE,BILL&SANDRA CRAIG E FERGUSSON PRECIADO,CI❑ 271 E MESQUITE AVE 3505 BEAR DRIVE 277 E MESQUITE AVE PALM SPRINGS, CA 92264 SAN DIEGO, CA 92103.3902 PALM SPRINGS, CA 92264 508311039 BURNS,RANDY M&SHARON L TRUST 555 E MESQUITE AVE PALM SPRINGS, CA 92264 508162009 MICHAEL W RICE MICHAEL W RICE 508162010ICHAEL JEFFREY A SPOELDER 158 DESERT LAKES DRIVE 158 DESERT LAKES DRIVE PALM SPRINGS, CA 92264-5521 864 N RIVERSIDE DRIVE PALM SPRINGS, CA 92264-5521 PALM SPRINGS, CA 92264-8137 508162011 508162012 508181015 FRANK M WENZEL FORE PARTNERS JOHN P O'CARROLL 551 E INDUSTRIAL PLACE PO BOX 2108 1930 S. CAMINO REAL 8 PALM SPRINGS, CA 92264-8145 BREMERTON,WA 98310.0245 PALM SPRINGS, CA 92264 508181016 508181017 508191003 WILSON ROMAN FIVE STAR PROPERTY DEV LLC RONALD F CAYA 2825 E.TAHQUITZ CANYON WAY D1 11652 N ISLAND COVE LANE 740 W ELM STREET 217 PALM SPRINGS, CA 92262-6908 PORTLAND. OR 97217-7900 PHOENIX, AZ 85013-2462 508291010 508291032 BARBARA T WOODS PROFFITT EDWARD TRUST 205 E MESQUITE AVENUE 185 E MESQUITE AVENUE PALM SPRINGS, CA 92264-8410 PALM SPRINGS, CA 92264-8469 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE 5.1171 — PLANNED DEVELOPMENT DISTRICT 351 TENTATIVE TRACT MAP 35544 588 SAN LORENZO ROAD NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of April 2, 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 the hearing is to consider an application by Greg Jackson, agent for the Foundations Enterprise Group, LLC, for a Planned Development District and Tentative Tract Map to create a one lot condominium map for the conversion of 13 existing apartment units to 12 condominium units. The project is located at 588 San Lorenzo Road, zoned R-3. ENVIRONMENTAL DETERMINATION: This project is categorically exempt from environmental review pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA), whereas the proposed Planned Development District and Tentative Tract Map meet the conditions outlined for existing facilities. 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][21). 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, portavor Ilame a la Ciudad de Palm Springs y puede-trablar con Nadine Fieger telefono (760) 323-8245. 5fines Thompson, City Clerk � Department of Planning Services W N E rp e Vicin ity Map S 5 r _ L--- IM"'MIAL CL r - / -_-_-- NRIVERSIDE❑R -- I ._I DE pR _. I � 4 I .II $ I � 1 _.5 M 40RENZO RO --7 - , I I I I .. NESQU ITE AVE I I I I I I i I I 7 -- ------ -- r Legend I ® ProjectSite PAL VEROEAVE 400 Foot Radius I I I I I Surrounding Parcels CITY OF PALM SPRINGS DESCRIPTION: To consider an application by Greg CASE NO: 5.1171 PD 351 Jackson, agent for the Foundations Enterprise Group, TTM 35544 LLC, for a Planned Development District 351 and Tentative Tract Map 35544 to create a one lot APPLICANT: Greg Jackson, Agent condominium map for the conversion of 13 existing Foundations Enterprise apartment units to 12 condominium units located at 588 Group, LLC San Lorenzo Road, zoned R-3, APN: 508-191-013. 000047