HomeMy WebLinkAbout3/5/2008 - STAFF REPORTS - 5.B. p ALM SA
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cA`'FOR CITY COUNCIL STAFF REPORT
DATE: March 5, 2008 NEW BUSINESS
SUBJECT. DECISION TO OVERRULE THE RIVERSIDE COUNTY AIRPORT LAND
USE COMMISSION FINDING OF INCONSISTENCY FOR THE DESERT
SON-SHINE KINDERGARTEN AND PRE-SCHOOL LOCATED AT THE
NORTHWEST CORNER OF CERRITOS ROAD AND SAHARA ROAD,
ZONE P, SECTION 1.
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
The City Council is required to respond to a finding by the Riverside County Airport
Land Use Commission (ALUC) that a recently approved child care center (Desert Son-
Shine Kindergarten and Pre-School) is inconsistent with the Riverside County Airport
Land Use Compatibility Plan (ALUCP). The Council may overrule ALUC's determination
with a two-thirds vote in accordance with Section 21675.1 A of the Public Utilities Code.
RECOMMENDATION
1. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, OVERRULING THE
RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION FINDING OF
INCONSISTENCY FOR THE DESERT SON-SHINE KINDERGARTEN AND
PRE-SCHOOL LOCATED AT THE NORTHWEST CORNER OF CERRITOS
ROAD AND SAHARA ROAD, ZONE P, SECTION 1."
STAFF ANALYSIS
Background,
The Planning Commission approved Case No. 3.3118 - MAJ on November 28, 2007 via
Resolution 7078 to construct a 1-story, 9,863 square foot child care center on
approximately 1.06 acres by a vote of 6-1-0 (Caffery opposed).
ITEM NO. 5%
City Council Staff Report March 5, 2008
Case 3.3118 MAJ Page 2 of 4
On December 13, 2007, ALUC reviewed the project at its regular hearing and found the
project to be inconsistent with the ALUCP based on the fact that child care centers are
prohibited in the 131 Compatibility Zone. In accordance with Section 21675.1.d of the
California Public Utilities Code, the City Council may overrule the ALUC by a two-thirds
vote, subject to specific findings. ALUC forwarded recommended Conditions of
Approval should the City Council overrule their determination. Staff has reviewed these
Conditions and incorporated them as necessary into the draft resolution.
Airport Land Use Compatibility
The ALUCP is adopted to protect land uses from impacts due to airport operations that
consist of the following:
1. Exposure to aircraft noise
2. Land use safety with respect to both people on the ground and the occupants of
aircraft
3. Protection of airport airspace
4. General concerns related to aircraft over-flights
Noise
A Mitigated Negative Declaration (MND) was adopted by the Planning Commission.
The MND found that project users would be exposed to noise levels between 60 and 65
dBA CNEL. Noise at this level has the potential to impact exterior and interior activities.
The MND found that this is an acceptable noise level for exterior activities; however,
mitigation was incorporated to reduce interior noise to an acceptable level
(approximately 45 dBA CNEL).
Safety
The project is located within the B-1 (Inner Approach/Departure) zone of the ALUCP.
This zone prohibits children's schools and day care centers. This prohibition is related
to the protection of sensitive groups of people, including children and the elderly. The
project is permitted by the City's Zoning Code and consistent with the City's General
Plan. In addition, the project will replace an existing facility located in the B-1 zone and
therefore the project is essentially a relocation of an existing use as opposed to the
addition of a new use.
The B-1 zone also sets density restrictions as identified in Table 1.
Table 1
B-1 Zone Density Restrictions
Maximum Densit (people/acre)
Avera a I Single Acre Bonus Reg. Open Space
Nan-Residential Uses 257 50 65 30%
0000012
City Council Staff Report March 5, 2008
Case 3.3118 MAJ Page 3 of 4
To be consistent with the plan, the project could include no more then an average of 25
people per acre. A single acre intensity of 50 people per acre is permitted in clustered
development situations. Under State law governing child care centers, the project could
provide for a maximum of 137 children. However, the school operates on a staggered
schedule, limiting the number of children and employees present on the site at one time.
Additionally, the school is not open on weekends and the applicant does not anticipate
increasing enrollment over the existing amount of 73 students per day. Attendance
averaged over a week period is noted in Table 2.
Table 2
Average Weekly Attendance
Mon Tue Wed Thur Fri Sat Sun
Full-Time 47 47 47 47 47 0 0
Part-Time 10 10 10 10 0 0 0
Half-Day 8 8 8 8 8 0 0
Staff 8 8 8 8 8 0 0
Sub-Total 73 73 73 73 61 0 0
Total 1353
Average 150 353 children 17 days)
Under these calculations, the project is consistent with the single acre intensity but
exceeds the average permitted intensity.
Airspace
The project will not impact airport airspace, as it is less than 35 feet in height.
NOTIFICATION
The overruling of an ALUC determination is not subject to a public hearing. However,
pursuant to Section 2.3.5 of the ALUCP and Section 21676 of the Public Utilities Code, 45
day notice is required to be sent to ALUC and the California Department of Transportation
Division of Aeronautics. Notice was sent to these agencies on December 27, 2007 and
as of the writing of this report, Staff has received no comments.
CONCLUSION
The project includes the construction of a new child care center. The Desert Son-Shine
Kindergarten and Pre-School currently operates in the immediate vicinity and those
operations will be transferred from the existing building to the new building. The project is
consistent with the General Plan and Zoning Code. Therefore, based on the evidence
presented above, Staff recommends the City Council overrule the ALUC finding of
inconsistency. A two-thirds vote of the Council to overrule is required.
000003
City Council Staff Report March 5, 2008
Case 3.3118 MAJ Page 4 of 4
FISCAL IMPACT:
No fiscal impact.
Ig E ng, P Thomas J. Wils Assist. City Manager
Dire t f Plann ng ervices
David H. Ready, City ana
Attachments:
1. Vicinity Map
2. Draft Resolution & Conditions of Approval
3. ALUC Determination Notice, December 19, 2007
4. ALUCP PSP Compatibility Map
5. California Public Utilities Code Section 21675.1 A
6. Planning Commission Minutes, November 28, 2007 (Excerpt)
7. Planning Commission Staff Report dated November 28, 2007
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, OVERRULING THE
RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION
FINDING OF INCONSISTENCY FOR THE DESERT SON-
SHINE KINDERGARTEN AND PRE-SCHOOL. LOCATED
AT THE NORTHWEST CORNER OF CERRITOS ROAD
AND SAHARA ROAD, ZONE P, SECTION 1.
WHEREAS, the Riverside County Airport Land Use Commission ("ALUC") has been
designated as the Airport Land Use Commission for all public airports in the County of
Riverside; and
WHEREAS, on February 10, 2005, ALUC adopted the Riverside County Airport Land
Use Compatibility Plan for the Palm Springs International Airport ("ALUCP"); and
WHEREAS, the City of Palm Springs is the owner and operator of Palm Springs
International Airport; and
WHEREAS, David Jacobs (Applicant) filed an application with the City pursuant to
Section 94-04.00 of the Zoning Code for Architectural Review to allow construction of a
1-story, 9,863 square foot child care center; and
WHEREAS, a Mitigated Negative Declaration (MND) was prepared and adopted for this
project pursuant to requirements of the California Environmental Quality Act (CEQA)
Guidelines; and
WHEREAS, on November 28, 2007, the Planning Commission of the City of Palm
Springs approved Case 3.3118 MAJ via Resolution 7078; and
WHEREAS, on December 13, 2007, ALUC found Case 3.3118 MAJ to be inconsistent
with the ALUCP with respect to use and intensity; and
WHEREAS, pursuant to Section 21676.5(a) of the Public Utilities Code, the City of Palm
Springs may overrule the ALUC finding of inconsistency with a two-thirds vote of the
City Council; and
WHEREAS, ALUC and the California Department of Transportation Division of
Aeronautics were notified on December 27, 2007 of the overruling hearing ; and
WHEREAS, on March 5, 2008, the City Council held a hearing to consider overruling
the ALUC finding of inconsistency; and
WHEREAS, the City Council has carefully reviewed and considered all of the evidence
presented in connection with the hearing on this matter, including, but not limited to, the
000007
City Council Resolution March 5, 2008
Case 3.3118 MAJ Page 2 of 4
staff report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. The action to overrule the ALUC finding of inconsistency is consistent with
the purposes of California Public Utilities Code Section 21670 in that the
Council's action for the project accounts for the orderly expansion of the
airport. The Palm Springs International Airport Master Plan, adopted in
January 2003, does not indicate plans to further expand into the area
where the project is located.
Special circumstances exist that allow for control of the orderly expansion
of the airport because the City of Palm Springs is owner/operator of the
airport. As owner/operator of the airport, the City is able to fully analyze
the impacts of the airport, without external interference, on surrounding
areas in the course of making land use decisions In addition, the City,
with the exception of a few remaining parcels is substantially built out.
Properties have traditionally developed close to the airport and there are
many urban land uses surrounding the airport. However, the City has
taken steps to mitigate the affects of close proximity to the airport
including the completion of a residential sound insulation program for the
majority of the homes within the 65 CNEL contour, requirements for
avigation easements, and the re-zoning of residential properties to
professional land uses in order to minimize future land use conflicts due to
the operation and future expansion of the airport.
SECTION 2. The action of the Council to overrule the ALUC finding of inconsistency is
consistent with the purpose of California Public Utilities Code Section
21670 to prevent the creation of new noise and safety problems. The
project is a 1-story, 9,863 square foot child care center located within
Compatibility Zones B1.
Mitigation Measures have been included in the adopted Mitigated
Negative Declaration to prevent exposure of children and child care center
staff to airport related noise.
The project consists of the relocation of an existing child care center in
Compatibility Zone B1 to a new building also located in Compatibility Zone
B1.
SECTION 3. The action of the Council to overrule the ALUC finding of inconsistency is
consistent with the purpose of Public Utilities Code Section 21670 to
promote the overall goals and objectives of the California airport noise
standards.
0O0008
City Counoil Resolution March 5, 2008
Case 3.3118 MAJ Page 3 of 4
Mitigation Measures have been included in the adopted Mitigated
Negative Declaration to prevent exposure of children and child care center
staff to airport related noise.
SECTION 4. Based on the above findings, the City Council hereby overrules the ALUC
finding of inconsistency of December 13, 2007 for Case 3.3118 MAJ,
subject to Conditions of Approval contained in Exhibit A, which is attached
hereto and made a part of this resolution.
ADOPTED THIS 5`' day of March, 2008.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
000009
City Council Resolution March 5, 2008
Case 3.3118 MAJ Page 4 of 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, 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
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
EXHIBIT A
CONDITIONS OF APPROVAL
3.3118 MAJ
Desert Son-Shine Pre-School and Kindergarten
Northwest Corner of Sahara Road and Cerritos Road
March 5, 2008
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.
PROJECT SPECIFIC CONDITIONS
1) Prior to issuance of building permits, the applicant shall convey an avigation
easement to Palm Springs International Airport, which shall be recorded upon
approval by airport management. Copies of the recorded avigation easement shall
be forwarded to the County of Riverside Airport Land Use Commission and the City
of Palm Springs Planning Department.
2) Any outdoor lighting that is installed shall be hooded or shielded so as to prevent
either the spillage of lumens or reflection into the sky. All outdoor lighting plans shall
be subject to review by Palm Springs International Airport management.
3) The following uses shall be prohibited:
a) Any use which would direct a steady light or flashing light of red, white, green, or
amber colors associated with airport operations toward an aircraft engaged in an
initial straight climb following takeoff or toward an aircraft engaged in a straight
final approach toward a landing at an airport, other than an FAA-approved
navigational signal light, visual approach slope indicated, or such red light
obstruction marking as may be permitted by the Federal Aviation Administration.
b) Any use which would cause sunlight to be reflected towards an aircraft engaged
in an initial straight climb following takeoff or toward an aircraft engaged in a
straight final approach toward a landing at an airport.
0000 i 1
City Council Conditions of Approval March 5, 2008
Case 3.3118 MAJ Page 2 of 2
c) Any use which would generate smoke or water vapor or which would attract large
concentrations of birds, or which may otherwise affect safe air navigation within
the area.
d) Any use which would generate electrical interference that may be detrimental to
the operation of aircraft and/or aircraft instrumentation.
4) The notice herein attached as Exhibit B shall be provided to all potential purchasers
and tenants.
5) The total number of children permitted to be enrolled at any given time shall not
exceed 137 persons, and the total number of peoples permitted to be in the building
shall not exceed 145 persons.
6) Prior to issuance of building permits, the applicant shall submit a Notice of Proposed
Construction or Alteration (Form 7460-1) to the Federal Aviation Administration
(FAA) for the proposed building and shall have received a determination of "Not a
Hazard to Air navigation" from the FAA. Copies of the FAA determination shall be
forwarded to the County of Riverside Airport land Use Commission and the City of
Palm Springs Planning Department.
END OF CONDITIONS
0�902
NOTICE OF AIRPORT IN
VICINITY
This property is presently located in the vicinity of an
airport, within what is known as an airport influence
area . For that reason , the property may be subject to
some of the annoyances or inconveniences associated W
with proximity to airport operations (for example: noise,
vibration , or odors). Individual sensitivities to those
annoyances can vary from person to person . You may
wish to consider what airport annoyances , if any, are
associated with the property before you complete your
purchase and determine whether they are acceptable to
you . Business & Profession Code 11010 12(A)
a
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AIR- ORT LAND USE COMMIS ,ION
RIVERSIDE COUNTY
CHAIR December 19, 2007
Simon Housman
Rancho M,rage Mr. Chris Brown
VICE CHAIRMAN City of Palm Springs Planning Department
Rod Ballanse 3200 E. Tahquitz Canyon Way
Riverside Palm Springs CA 92262
COMMISSIONERS RE: AIRPORT LAND USE COMMISSION (ALUC) DEVELOPMENT REVIEW
Arthur Butler File No.: ZAP1004PS07
Riverside City Case No.: 3.3118 MAJ (Major Architectural Application)
APN: 501-314-002, 501-314-014, 501-314-015
Robin Lowe
Hemet
Dear Mr. Brown:
John Lyon
Riverside On December 13, 2007, the Riverside County Airport Land Use Commission (ALUC) found
Glen Holmes the above-referenced project INCONSISTENT with the 2005 Palm Springs International
Hemet Airport Land Use Compatibility Plan.
Melanie Fesmire
Indio The City of Palm Springs may overrule this determination by the ALUC pursuant to the
procedures specified in Section 21676 of the Public Utilities Code. For your assistance in
this regard, provided with this letter is a copy of Sections 21670 et seq. of the Public Utilities
Code. Should the City act to overrule ALUC's inconsistency determination and approve this
STAFF project, ALUC recommends that the City impose the following conditions on the project's
Director Major Architectural Application.
Ed Cooper
John Guerin CONDITIONS:
Cocllla Lara
Sophia Nolasoo 1_ Priorto issuance of building permits,the landowner shall convey an avigation easement
Barbara Santos to Palm Springs International Airport,which shall be recorded upon approval by airport
County Adminslrawe Cenler management. Copies of the recorded avigation easement shall be forwarded to the
4050 Lawn sl,91^Floor Airport Land Use Commission and to the City of Palm Springs Planning Department.
Riverside CA 92501
i951I 955.5132
2. Any outdoor lighting that is installed shall be hooded or shielded so as to prevent either
the spillage of lumens or reflection into the sky. All outdoor lighting plans shall be subject
wmv rcelucom to review by Palm Springs International Airport management.
3. The following uses shall be prohibited:
(a) Any use which would direct a steady light or flashing light of red,white, green, or
amber colors associated with airport operations toward an aircraft engaged in an
initial straight climb following takeoff or toward an aircraft engaged in a straight
final approach toward a landing at an airport, other than an FAA-approved
navigational signal light, visual approach slope indicator, or such red light
obstruction marking as may be permitted by the Federal Aviation Administration.
.h,..,^s,ri ' *;:°';,,' (b) Any use which would cause sunlight to be reflected towards an aircraft engaged
in an initial straight climb following takeoff or towards an aircraft engaged in a
^w j(" straight final approach towards a landing at an airport. 0 0 0 0 1[LL
AIRPORT LAND USE COMMISSION December 19, 2007
(c) Any use which would generate smoke orwater vapor orwhich would attract large
concentrations of birds, or which may otherwise affect safe air navigation within
the area.
(d) Any use which would generate electrical interference that may be detrimental to
the operation of aircraft and/or aircraft instrumentation.
(e) Libraries, hospitals, nursing homes, places of worship, highly noise-sensitive
outdoor uses, and aboveground bulk storage of 6,000 gallons or more of
hazardous or flammable materials.
4. The attached notice shall be provided to all potential purchasers and tenants.
5. The total number of children permitted to be enrolled at any given time shall not exceed
137 persons, and the total number of persons permitted to be in the building shall not
exceed 145 persons.
6. Prior to issuance of building permits, the applicant shall submit a Notice of Proposed
Construction or Alteration (Form 7460-1)to the Federal Aviation Administration (FAA)for
the proposed building and shall have received a determination of"Not a Hazard to Air
Navigation"from the FAA. Copies of the FAA determination shall be provided to the City
of Palm Springs Planning Department and the Riverside County Airport Land Use
Commission.
ALUC's recommendation that the above conditions be imposed on the City's approval of the
project is not intended and should not be viewed as a retraction of the ALUC's determination of
inconsistency. Should you have any questions regarding this action, please contact Cecilia Lara,
ALUC staff planner, at (951) 955-0549.
Sincerely,
RIVERSIDE COUNTY PORT LAND USE COMMISSION
a C� , Dire or
CC: ALUC Staff
Palm Springs Christian School, Inc.
Ana Escalante, AIA
Marvin Roos
Thomas Nolan, A.A.E„ Executive Director, Palm Springs International Airport
Attachments:
Notice of Airport in Vicinity
Public Utilities Code, Sections 21670 et seq
YA.L1JMPalm Sp6n9s\ZAP1004P5071nconLtr.doc
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Riverside County GIS Page 1 of 5
RIVERSIDE COUNTY GIS
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Selected parcel(s):
501-314-002 501-314-014 501-314-015
AIRPORTS
SELECTED PARCEL 1 y AIRPORT RUNWAYS AIRPORT INFLUENCE AREAS PARCELS
CIRCULATION ELEMENT
ULTIMATE RIGHT-OF-WAY ®AIRPORT 5OUNDARIES "'�'i COMPATIBILT7 ZONE A ■COMPATIBILTY ZONE 81
(APPROX)
�. COMPATIBILTYZONEC
�a
*IMPORTANT'
This information is made available through the Riveniide County Geographic Information System The information i5 for reference purposes only It Is
intended to be used a$base level mformatron only and is not intended to replace any recorded documents or other public records.Contact appropnate
County Department or Agency if necessary Reference to recorded documents and public records may be necessary and is advisable.
PLANNING REPORT
APN(s): 501-314.002.4 501.314.0145 501.314.015.6
OWNER NAME/ADDRESS:
-501-314-002
PALM SPRINGS CHRISTIAN SCHOOL INC �y n
ADDRESS NOT AVAILABLE V(f t-
responsible for the plan.
G75 .1. (a) By June 30, 1991, each corr�inission shall adopt the
air rt land use compatibility plan required pursuant to Section
21675, except that any county that has undertaken by contract or
otherwis completed airport land use compatibility plans for at least
one-half o all public use airports in the county, shall adopt that
airport land e compatibility plan on or before June 30, 1992.
(b) Until a mmission adopts an airporL land use compatibility
plan, a city or co ty shall first submit all actions, regulations,
and permits within t1111e
vicinity of a public airport to the commission
for review and approva Before the commission approves or
disapproves any actions, gulations, or permits, the commission
shall give public notice in he same manner as the city or county is
required to give for those act ns, regulations, or permits. As used
id this section, "vicinity" mean land tha L- will be included or
reasonably could be included within the airport
land use
compatibility plan. If the commissio X
esignated an airport
influence area for the airport land usility plan, then
"vicinity" means land within two milesundary of a public
airport.(c) The commission may approve an aelation, or permit if
it finds, based on substantial evidence in the re rd, all of the
following:
(1) The commission is making substantial progress t and the
completion of the airport land use compatibility plan.
(2) There is a reasonable probability that the acti.on, lation,
or permit will be consistent with the airport land use compat ility
plan being prepared by the commission.
(3) There is little or no probability of substantial detriment 'o
or interference with the future adopted airport land use
compatibility plan if the action, regulation, or permit is ultimately
inconsistent with the airport land use r.nmoatibility of
(d) If the commission disapproves an action, regulation, or
permit, the commission shall notify the city or county. The city or
county may overrule the commission, by a two-thirds vote of its
governing body, if it makes specific findings that the proposed
action, regulation, or permit is consistent with the purposes of this
article, as Stated in Section 21670.
�. e I a city or county overrules the commission pursuant to
suedu ision- (d) , that action shall not relieve the city or county
from fug r compliance with this article after the commission adopts
the airport use compatibility plan-
(f) If a city o ounty overrules the commission pursuant to
subdivision (d) with re ct to a publicly owned airport that the
city or county does not oper the operator of the airport is not
liable for damages to property or rsonal injury resulting from the
clty's or ceunty's decision to procec h the action, regulation,
or permit-
(g) A commission may adopt rules and regulati that exempt any
ministerial permit for single-family dwellings from t equir-ments
of subdivision (b) if it makes the findings required pursues to
subdivision (c) for the proposed rules and regulations, except t
the rules and regulations may not exempt either of the following:
(1) More than two single-family dwellings by the same applicant
CE PY Fd 41�•�
i
City of Palm Springs
Planning Commission Minutes
of November 28, 2007
7. Case 3.3118 MAJ / LUP 07.0361 7.1266 AMM (Desert Son-Shine Pre-School
and Kindergarten) - An application by David Jacobs to construct a single
story, 9,863 square feet pre-school and kindergarten
on 1,06 acres located at the northwest corner of Cerritos Road and Sahara
Drive, Zone P, Section 1, APNs: 601-314-002, 014, & 015. (Project Planner.
Christopher Brown, Contract Planner)
Christopher Brown, Contract Planner, provided background information as outlined in
the staff report dated November 28, 2007. Mr. Brown reported that the applicant is
requesting deletion of condition #35, and noted the site is located within the B-1 (Inner
Approach/Departure) zone and is currently under review by the Airport Land Use
Compatibility Plan (ALUCP).
Vice Chair Hochanadel requested staff address if any comments were received from
neighbors_ Staff responded no comments were received.
Chair Marantz opened the Public Hearing:
-Ana Escalante, architect for the project, provided further details on the pre-
school, proposed materials and the neighborhood.
-Marvin Roos, MSA Consulting, provided details on the landscape plan, play
area, parking and site description.
-Bill rania, Palm Springs, voiced concern with the public hearing notices sent to the
neighbors and requested a scale model of the project-
-Ryan Zimmerman, Palm Springs, voiced concern with the possibility of this site used as
housing for unwed mothers.
There being no further comments, the Public Hearing was closed.
Commissioner Scott stated he was in attendance at the Architectural Advisory
Committee meeting when this project was presented and viewed the models and
complimented the design team on the work. Mr. Scott noted he is in support of the
project_
Commissioner Caffery stated he is in opposition of the project due to the proximity of
the school to the airport.
Commissioner Ringlein expressed Concern with activities in the area and the safety of
the children. Ms. Ringlein requested code enforcement patrol this area_
MIS/C (Scott/Hutcheson, 6-1/Caffery) To approve, subject to Conditions of Approval, as
amended:
*Deletion of condition#35,
7
I
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OF 2AlM s
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PLANNING COMMISSION STAFF REPORT
Cif!Fp'R�tiP
Date: November 28, 2007
Case No.: 3-3118-MAJ
LUP 07-036
7.1266-AMM
Type: Major Architectural Application
Land Use Permit
Administrative Minor Modification
Location: Northwest Corner of Sahara Drive and Cerritos Road
APN: 501-314-002, -014, & -015
Applicant: David Jacobs
General Plan: Low Density Residential
Zone: P (Professional)
From: Craig A. Ewing, AICP, Director of Planning Services
Project Planner: Christopher Brown, Contract Planner
PROJECT DESCRIPTION
The applicant proposes to construct a 1-story, 9,863 square foot child care center (pre-
school and kindergarten) at a maximum height of 16 feet 8 inches on approximately
1.06 acres_ The project includes 12,307 square feet of parking area and 24,196 square
feet of landscaping and open space. The building will include 7 classrooms, 2 multi-
purpose rooms, and administrative areas and has been designed as a green building.
The project can accommodate a maximum of 137 children.
000023
ly :
;;
Planning Commission Staff Report November 28, 2007
Case No, 3 3118 MAJ Page 2 of 13
RECOMMENDATION
That the Planning Commission:
• Adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program
• Approve Case No. 3.3118-MAJ
• Approve Case No. LUP 07-036
• Approve Case No. 7.1266-AMM
PRIOR ACTIONS
On September 10, 2007 the Architectural Advisory Committee (AAC) recommended
approval of the project by a vote of 7-0. The AAC recommended that the main hallway
be expanded and that different screening trees and accent plants be utilized in the
landscape palette. The applicant revised the project to address AAC recommendations.
ANALYSIS
The subject site is located at the northwest corner of Sahara Drive and Cerritos Road.
The project site is vacant and surrounding properties are a mix of vacant and developed
properties. Surrounding land uses are indicated in Table 1.
Table 1
Surrounding land Uses
Zoning General Plan Current Land Use
North NR16 Very Low Density
(Single Family Residential Single Family Residential
Residential
Northeast P (Professional) Low Density Residential Multi-Family Residential
Southeast NR1C Very Low Density
(Single Family Residential Vacant
Residential)
South P Professional Office Vacant
Northwest p (professional) Low Density Multi-Family Residential
Residential _
Southwest P (Professional) Low Density Residential Multi-Family Residential
Planning Commission Staff Report November 28, 2007
Case No. 3.3118 MAJ Page 3 of 13
General Plan
The project is located in the Low Density Residential land use designation. This
designation supports "typical" residential development. Typical development in
residential areas includes pre-schools, day cares and other educational institutions.
General Plan Policy LU2.5 encourages consolidation of lots to facilitate in-fill
development which is characteristic of this project.
General Plan Policy LU5.1 allows for and encourages the development of educational
services.
The project is consistent with the objectives and policies of the General Plan for the Low
Density Residential land use designation.
Zoning
The project is located within the P (Professional) zoning district. This zone permits
Child Care Centers subject to approval of a Land Use Permit (LUP) under Section
94.02.01 of the Palm Springs Zoning Code (PSZC). An LUP shall be approved by the
Director of Planning Services or the Planning Commission upon completion of an
investigation into the application's consistency with the purpose and intent of the LUP
chapter. Staff has conducted an investigation and found the project to be consistent
with the purpose and intent of the Land Use Permit chapter which is to "provide a
means to review the impact of proposed land uses and to impose such conditions to the
proposed use as are necessary to insure that these uses are compatible with adjacent
properties and the community." The project is compatible with the community as a child
care center. The project has been conditioned to ensure appropriate licensing of
employees and drop-off/pick-up provisions.
The applicant currently owns the Desert Son-Shine Pre-School and Kindergarten
located at 1800 Via Negocio, approximately 870 feet from the proposed site. Upon
opening of the new school, all children at the existing school will be transferred to the
proposed school and the existing school will be closed. Additional impacts to the
community will not occur since the project will be moving an existing student body to a
new, contemporary education facility in the same neighborhood.
Development Standards
A comparison of the applicant's proposal and the development standards found in
Section 92.08.02 of the PSZC has been provided in Table 2, Since the three parcels
composing the project site will be merged, the project site has been analyzed as a
single lot. The project is consistent with all development standards included in Section
92.08.02 of the PSZC.
I H0253
Planning Commission Staff Report November 28, 2007
Case No. 3.3118 MAJ Page 4 of 13
Table 2
Development Standards Comparison
Permitted Proposed
Lot Area 20,000 square feet 46,366 square feet
Lot Width 130 feet 304 feet
Lot Depth _ 150 feet 160 feet
Lot Frontage 100 feet 304 feet
Front Yard _ 25 feet _ 40 feet
Side Yard Street Side). 25 feet 26 feet
Side Yard (Property Side 10 feet 10 feet + varies
Rear Yard u 15 feet J _ 93 feet
Building Height 24 feet @ 2 stories_I 16 feet 8 inches @ 1 story
Building Coverage 60% 21%
Walls and Landscaping
The project includes a 6 foot, sandblasted "precision gray" CMU perimeter wall and a
4.5 foot undulating garden wall in the front yard (facing Sahara Drive). Screening trees
have been included near the adjacent multi-family residential structures. Shade trees
are included at the perimeter of the building accented by colorful shrubs and flowers.
Interior turf provides play areas for the children.
Parking
Per Section 93.06.00 of the PSZC, the applicant is required to provide adequate parking
for the project. As a Child Care Center, the applicant is required to provide one
parking space per employee and 1 parking per 5 children. Under these ratios, the
applicant is required to provide 43 parking spaces (2 handicapped) as summarized in
Table 3.
Table 3
Parking Requirements Summary
Parking Ratio Total
Per Employee 1.1 16 16
Per Child 1-5 137 27
Required 43
Provided 39
The applicant has requested a Minor Modification permitted under Section 94.06.01 of
the PSZC for relief from providing 4 parking spaces. The Planning Commission or the
Planning Commission Staff Report November 28, 2007
Case No. 3.3118 MAJ Page 5 of 13
Director of Planning Services may permit a maximum 10% reduction in the required
parking. Under this provision, a maximum reduction of 4 parking spaces is permitted.
Staff finds that this modification will not have a detrimental effect on neighboring
properties, as analyzed under Minor Modification below.
The applicant is required to provide shading for a minimum of 40% of the parking
spaces. (PSZC, Sec. 93.06.00(C)(3)(a)) The applicant proposes to provide tree
coverage for 16 parking spaces, or 41% (16 shaded spaces 139 parking spaces = 0.41)
of the provided parking. Therefore, the parking lot is proposed to be appropriately
shaded.
AIRPORT LAND USE COMPATIBILITY
The project site is located within the Riverside County Airport Land Use Commission's
(ALUC) Airport Land Use Compatibility Plan (ALUCP). The ALUCP is adopted to
protect land uses from impacts due to airport operations that consist of the following:
1. Exposure to aircraft noise
2_ Land use safety with respect to both people on the ground and the occupants of
aircraft
3. Protection of airport airspace
4. General concerns related to aircraft over-flights
Projects within the ALUCP compatibility zone are subject to the provisions of the
ALUCP and possible review by ALUC. The project is subject to review by ALUC under
Section 1.5.2 (c) of the ALUCP due to the fact that the project is inconsistent with the
compatibility plan, as discussed below.
The project is located within the B-1 (Inner Approach/Departure) zone of the ALUCP.
This zone prohibits children's schools and day care centers. The project is permitted by
the City's Zoning Code and consistent with the City's General Plan and therefore Staff
supports the project in light of its incompatibility. In addition, the project will replace an
existing facility located in the B-1 zone and therefore the project is essentially a
relocation of an existing use as opposed to the addition of a new use.
The B-1 zone also sets density restrictions as identified in Table 4.
Table 4
B-1 Zone Density Restrictions
Maximum Density (people/acre)
Average Single Acre_ Bonus Req. Open §pace
Non-Residential Uses 25 50 65 30%
000027
Planning Commission Staff Report November 28, 2007
Case No 3.3118 MAJ Page 6 of 13
When averaged, the project meets the density requirements specified in the ALCUP.
To be consistent with the plan, the project could include no more then 50 people per
single acre and average no more than 25 people over multiple acres. Under State law,
the project could provide for a maximum of 137 children. However, the school operates
on a staggered schedule, limiting the number of children and employees present an the
site at one time. Additionally, the school is not open on weekends and the applicant
does not anticipate increasing enrollment over the existing amounts (73 students per
day). Attendance averaged over a week period is noted in Table 5_
Table 5
Average Weekly Attendance
Mon Tue Wed Thur Fri Sat Sun
Full-Time 47 47 47 47 47 0 0
Part-Time 10 10 10 10 10 0 0
Half-Day 8 8 8 S 8 0 0
Staff a 8 8 8 8 0 0
Sub-Total 73 73 73 73 61 0 0
Total 353
Average 50 353 children / 7 days)
The project is required to be heard by ALUC and the applicant has filed the appropriate
application with the Commission. Staff anticipates that ALUC will find the project
"inconsistent" with the ALUCP. Should the Planning Commission approve the project
and the ALUC makes a finding of inconsistency, the City Council would be required to
overrule ALUC's finding in order for the project to be issued permits. ALUC and the
California Department of Aeronautics are required to receive 45-day notice prior to the
overruling hearing.
Should the Planning Commission approve the project, Staff is prepared to recommend
overruling of ALUC's finding of inconsistency to the City Council, if necessary.
ARCHITECTURE
The applicant proposes a learning facility based on green building design principles.
Expansive windows are designed to allow substantial amounts of natural light into the
classrooms. Textural, multi-colored CMU block around the building provides for an
exciting, sensory experience for the children. The roof is covered with a single-ply
Fibertite material to promote energy conservation. Additionally, overhangs near the
front and sides of the project include solar panels for generating electricity.
000028
Planning Commission Staff Report November 28, 2007
Case No. 3.3118 MAJ Page 7 of 13
ARCHITECTURAL REVIEW
Pursuant to Section 94.04.00 of the Zoning Ordinance, Staff has reviewed the project in
light of the Architectural Review Guidelines, as follows:
1. Site layout, orientation, location of structures and relationship to one another and to
open spaces and topography. Definition of pedestrian and vehicular areas; i.e.,
sidewalks as distinct from parking lot areas;
The site layout, orientation and location of structures have been designed to provide
privacy and a favorable learning environment for children. Open spaces and
landscaping provide areas for playgrounds as well as create an attractive
appearance from the public right-of-way. Distinct pedestrian circulation is provided
that is ADA compliant and parking areas include adequate maneuverability.
2. Harmonious relationship with existing and proposed adjoining developments and in
the context of the immediate neighborhood/community, avoiding both excessive
variety and monotonous repetition, but allowing similarity of style, if warranted;
The project is harmonious with the character of existing development in the area.
The building is low in scale and will not obstruct second story views from
surrounding development. The architecture is a mix of traditional CMU block
materials and contemporary green building materials creating a sense of variety.
3. Maximum height, area, setbacks and overall mass, as well as parts of any structure
(buildings, walls, screens, towers or signs) and effective concealment of ali
mechanical equipment;
The project is consistent with the PSZC in terms of height, area and setbacks. The
open site design coupled with a low profile building allows for a massing which does
not overburden the site.
4. Building design, materials and colors to be sympathetic with desert surroundings;
AND
Building colors include browns, tans and whites which are conducive to and blend
well with the desert environment. Materials are consistent with development
throughout the City and include additional advanced technologies to protect the
environment.
5. Harmony of materials, colors and composition of those elements of a structure,
including overhangs, roofs, and substructures, which are visible simultaneously,
000029
Planning Commission Staff Report November 28, 2007
Case No. 3.3118 MAJ Page 8 of 13
Materials and colors are harmonious with landscaping and with each other. The
building reflects the desert environment through compatible colors with a
complementary desert landscape palette. Flat roofs and distinct planar vertical and
horizontal elements are compositionally harmonious.
6. Consistency of composition and treatment;
Building composition is a simple, T-shaped structure. Offices are located towards
the front of the building. A main spine corridor connects the classrooms and multi-
purpose areas which effectively circulates users throughout the building-
7- Location and type of planting, with regard for desert climate conditions. Preservation
of specimen and landmark frees upon a site, with proper irrigation to insure
maintenance of all plant materials;
The proposed landscaping is designed to operate well in the desert. The project site
is vacant and covered in native vegetation. There are no landmark plants on the
site.
MINOR MODIFICATION
Pursuant to Section 94.06.01 of the PSZC, the Director or Commission shall make all of
the following findings, based on evidence presented, prior to approving a Minor
Modification to reduce the required number of parking spaces:
I. The requested minor modification is consistent with the General Plan, applicable
specific plan(s) and overall objectives of the Zoning Ordinance.
The applicant is requesting to reduce the required number of parking spaces by 4.
This modification is consistent with General Plan Policy CR8.1 which requires
sufficient parking for employees and guests. Staff finds that the provision of 39
spaces will adequately serve the project since users of child educational facilities
historically do not require a substantial amount of permanent parking. The project is
not within a specific plan area. The objectives of the Zoning Code will be met as
adequate parking will still be provided.
2. The neighboring properties will not be adversely affected as a result of the approval
or conditional approval of the minor modification.
Neighboring properties will not be affected by the reduction in parking spaces.
Adequate on-site parking is proposed. Surrounding properties are private and
therefore users of the project would not be permitted to park at neighboring
properties.
®�iQQ� I
Planning Commission Staff Report November 28, 2007
Case No. 3.3118 MAJ Page 9 of 13
3. The approval or conditional approval of the minor modification will not be detrimental
to the health, safety, or general welfare of persons residing or working on the site or
in the vicinity.
All construction will be built in compliance with the Uniform Building Code, Palm
Springs Zoning Code as modified by this Minor Modification, and the Fire Code.
Reduction in parking will not harm the health, safety or general welfare of persons
residing on the site as the reduction does not effect general safety issues.
4. The approval of the minor modification is justified by environmental features, site
conditions, location of existing improvements, or historic development patterns of the
property or neighborhood.
The T-shape design of the site is not conducive to a typical, square building and
associated parking area. The building also must be designed to provide adequate
facilities for the children. Additionally, child educational facilities do not require a
substantial amount of parking, as general circulation patterns are drop-off/pick-up
situations. Therefore, a reduction in parking is justified due to environmental
features and site conditions.
ENVIRONMENTAL DETERMINATION
Pursuant to Section 15063 of the California Environmental Quality Act (CEQA), an Initial
Study and Mitigated Negative Declaration were prepared for the project. A Notice of
Intent to Adopt a Mitigated Negative Declaration was prepared and distributed to
applicable agencies and published in The Desert Sun on November 7, 2007. The
Mitigated Negative Declaration states that impacts to or due to Air Quality, Cultural
Resources, Hydrology and Water Quality and Noise will be less than significant after
incorporation of the fallowing Mitigation Measures:
MM III-1 The proposed project will comply with the provisions of Chapter 8.50 of
the Palm Springs Municipal Code which establishes minimum
requirements for construction activities to reduce Fugitive dust and PM10
emissions. A Fugitive Dust Control Plan (prepared pursuant to the
provisions of the Coachella Valley Fugitive Dust Control Handbook) shall
be submitted to the City of Palm Springs for approval in conjunction with
the application for grading permits associated with the project and prior to
initiating any earth-moving operations on-site.
MM III-2 The project proponent shall comply with all applicable SCAQMD Rules
and Regulations including but not limited to the following:
- Rule 403 (Fugitive Dust) specifies control measures for use in
Planning Commission Staff Report November 28, 2007
Case No. 3.3118 MAJ Page 10 of 13
developing site specific fugitive dust control plans to minimize blowing
dust from construction sites and insure the clean up of construction-
related dirt on approach routes to the site including: watering
measures, chemical stabilizers, wind fencing, covering haul vehicles,
bed liners in haul vehicles, wheel washers, and high wind measures;
- Rule 403.1 Companion to 403 and is applicable to man-made sources
of fugitive dust in the Coachella Valley.
- Rule 1108 and 1108.1 prohibits the use of rapid and medium cure
cutback asphalts as well as organic compounds in emulsified asphalts
used during the construction process.
MM III-3 As a condition of approval, the project proponent will comply with City
requirements regarding master planned bikeways on and/or adjacent to
the site_
MM III-4 No operation or activity shall cause the emission of any smoke, fly ash,
dust, fumes, vapors, gases or other forms of air pollution which exceed the
requirements of the SCAQMD, the AQMP or the City of Palm Springs
General Plan and Municipal Code.
MM III.5 Earth-moving activities shall be suspended during the first and second
stage ozone episodes or when winds exceed 25 mph, per the Coachella
Valley PM10 State Implementation Plan and SCAQMD Rule 403.1.
MM-III-6 Adequate watering techniques shall be employed to partially mitigate the
impact of construction-generated dust particulates. Portions of the project
site that are undergoing earth moving operations shall be watered such
that a crust will be formed on the ground surface and then watered again
at the end of the day.
MM-III-7 As part of the construction specifications, any vegetative ground cover to
be utilized on-site shall be planted as soon as possible to reduce the
disturbed area subject to wind erosion. Irrigation systems needed to water
these plants shall be installed as soon as possible to maintain the ground
cover and minimize wind erosion of the sail.
MM-III-8 Trucks hauling dirt, sand, soil, or other loose dirt material off-site, should
be covered and washed off before leaving the site. All trucks should
maintain at least two feet of freeboard.
MM-III-9 Adjacent streets should be swept if silt is carried over to adjacent public
00003?,
Planning Commission Staff Report November 28, 2007
Case No. 3.3118 MAJ Page 11 of 13
thoroughfares.
MM-III-10 Construction operations affecting off-site roadways shall be scheduled for
off-peak traffic hours.
MM-III-11 Construction equipment shall be properly maintained and serviced to
minimize exhaust emissions.
MM-111-12 Vacuuming shall be utilized in lieu of pneumatic debris removal.
MM V-1 Should buried or other cultural resources be discovered during any ground
disturbing activities, all work in the area shall be halted or diverted until a
qualified archaeologist can evaluate the nature and significance of the
resources. Should the archaeologist determine the cultural resources to
be significant, the following shall occur at the expense of the project
proponent.
Archeologically significant finds shall be appropriately collected and
deposited under supervision of an archaeologist certified by the County
of Riverside.
Any significant findings shall be documented and presented to the
State Historic Preservation Office (SHPO), Bureau of Indian Affairs
(BIA), the Agua Caliente Band of Cahuilla Indians and the City of Palm
springs, and shall be resolved to their satisfaction.
- Copies of any cultural resources documentation generated in
connection with this project shall be given to the Agua Caliente Band of
Cahuilla Indians for inclusion in the Agua Caliente Cultural Register.
Copies shall also be presented to the City for inclusion in the project
file.
MM V-2 Pursuant to City policies, should any paleontological resources be
uncovered during grading or excavation, operations shall be halted or
diverted until the resource is evaluated by a qualified specialist and dealt
with accordingly.
MM V-3 In compliance with Section 7050.5 of the California Health and Safety
Code, if any human remains are found on-site, the Riverside County
Coroner must be notified immediately. If the coroner determines that the
remains are not recent and may be Native American, in accordance with
Planning Commission Staff Report November 28, 2007
Case No 3.3118 MAJ Page 12 of 13
Public Resource Code 5097.94, the coroner will notify the Native
American Heritage Commission (NAHC) within 24 hours of the find. The
NAHC will then determine, in consultation with the property owner, the
disposition of the human remains.
MM-VIII-1 The project proponent shall prepare and implement (throughout all
construction activities) a Stormwater Pollution Prevention Plan (SWPPP)
and a Fugitive Dust (PM10) Control Plan. The SWPPP shall be prepared
in accordance with State standards and the Fugitive Dust Control Plan
shall be prepared in accordance with City standards. Construction site
Best Management Practices are implemented to prevent contamination of
water that could occur as a result of construction activities of the proposed
project.
MM-VIII-2 Prior to development, the project proponent shall consult with Desert
Water Agency regarding water conservation measures that can be
implemented into the design and use of the facility, including landscape
maintenance.
MM-XI-I The developer shall ensure that all construction equipment, fixed or
mobile, shall be equipped with properly operating and maintained mufflers
and the engines shall be equipped with shrouds until completion of
construction.
MM-XI-2 The developer shall ensure that all construction equipment shall be in
proper working order and maintained in a proper state of tune to reduce
backfires until completion of construction.
MM-XI-3 The developer shall ensure that every effort be made during construction
activities to create the greatest distance between noise sources and noise
sensitive receptors located in the vicinity of the project site until completion
of construction.
MM-XI-4 The developer shall ensure that stationary equipment will be placed such
that emitted noise is directed away from noise-sensitive receptors until
completion of construction.
MM-XI-5 The developer shall ensure that future on-site development complies with
all relevant noise policies set forth in the Noise Element of the Palm
Springs General Plan throughout the life of the project.
MM-XI.6 To aid in mitigating the effects of exterior airport noise on the daily
operation of the preschool and kindergarten facility, the developer shall
Planning Commission Staff Report November 28, 2007
Case No. 3.3118 MAJ Page 13 of 13
ensure that special noise insulation measures are undertaken in the
design and construction of the building.
NOTIFICATION
A notice was mailed to all property owners within a four hundred foot (400') radius of the
property in accordance with state law. As of the writing of this staff report, staff has
received no cli ments from the public.
hri opher Brown ra' . Ewin , A CP
ntract Planner Director of PlaniTrng Services
Attachments-
1. Vicinity Map
2. Draft Resolution
3. Mitigated Negative Declaration
4. Mitigation Monitoring and Reporting Program
5. Site Plan
6. Elevations
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