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HomeMy WebLinkAbout7/7/2004 - STAFF REPORTS (18) DATE: July 7, 2004 TO: City Council FROM: Director of Planning and Zoning CASE NO. 5.0994 PD-293 - APPLICATION BY LIBERTY ESCROW FOR PLANNED DEVELOPMENT DISTRICT 293 TO CONSTRUCT ONE STORY, PROFESSIONAL OFFICE COMPLEX ON FOUR (4) SUBSTANDARD LOTS, LOCATED AT 200 NORTH SUNRISE WAY, ZONE R-2, SECTION 13. RECOMMENDATION That the Planning Commission recommends approval to City Council for Case 5.9994 - Planned Development District 293 for the construction of a one story, professional office complex on approximately a 0.9 acre site, located at 200 North Sunrise Way, Zone R-2, Section 13. SUMMARY The Planning Commission voted 7-0 to recommend approval of the project at its May 12, 2004 meeting. If approved by City Council, an eight thousand seven hundred seventy five (8,775) square foot professional building with a two thousand eight hundred ninety six (2,896) square foot basement would be constructed. The approval would include relief from the Zoning Ordinance for the following: front yard setback, rear yard setback, side yard setback, parking requirement and open space. The proposed project site consists of four (4) sub-standard lots: the combined four (4) lots create a wide, narrow lot that is irregular in shape and size. Strict application of the Zoning Ordinance development standards would make the proposed project site non-developable. The Planning Commission had a tie vote 2-2 (1 abstention) at its April 28, 2004 meeting, which continued the proposed project to the May 12, 2004 Planning Commission meeting. The applicant and the neighbors met on April 30, 2004 to discuss the concerns about the visual impact of the proposed project and the covenant/undergrounding of the overhead utilities. At the conclusion of the meeting, the applicant agreed to lower the building one foot (1') and move the building to the west three feet (3') to preserve more of the mountain view for the neighbors. The April 28, 2004 and May 12, 2004 Planning Commission meeting, the applicant requested the required undergrounding of the overhead utilities (8.04.401) be deferred to covenant. There are four(4) single-family residences that abut the proposed project site to the east. Three (3) of the single-family residences have covenants to share in the cost of undergrounding the overhead utilities. The Planning Commission on May 12, 2004 recommended that the overhead utilities be converted to underground utilities. BACKGROUND Liberty Escrow (the "Applicant") has submitted an application for a request to construct a one story, professional office building on four (4) substandard lots located at 200 North Sunrise Way, Zone R-2, Section 13. Two thirds (2/3) of the professional office complex will be used for non-medical offices, as allowed by the R-2 Zone: real estate and escrow offices. One third (1/3) of the professional office complex is available for lease. The proposed professional office building will be eight thousand seven hundred seventy five (8,775) square feet and two thousand eight hundred ninety-six (2,896) square feet of basement that will be used for storage. There are no windows in the basement. ADJACENT LAND USES, GENERAL PLAN AND ZONING: Adjacent land uses are the following: General Plan Zoning Land Uses North M15 R-2 Multi-Family Apartments South P P Restaurant (Simbas) East L4 R-1-C Four(4) Single-Family Residences West M15 I R-G-A-8 I Utility Office Buildings ANALYSIS Currently the four (4) lots are vacant. The proposed project abuts four (4) single family residences to the east and a multi-family apartment complex to the north. The combined four (4) lots have the dimensions of one twelve feet (112') to fifty-nine feet (59'), from north to south, in depth and four hundred twenty-one feet (421') in width. The proposed lot is irregular in shape and size. Property Line Dimension North One hundred twelve feet (112') South Fifty-nine feet (59') West/East Four hundred twenty-one feet (421') The "P" (Professional) Zone requires a minimum depth of one hundred fifty feet (150'); the property is substandard in depth. The lot is substandard in depth and irregular in shape. The applicant has proposed to develop the property per the Planned Development District process in order to adjust development standards to allow a reasonable development on this irregular site. The proposed project site is zoned R-2 (Limited Multiple Family Residential). Per Section 92.03.01.C.9, professional offices are allowed by Conditional Use Permit, provided the property meets the following standards: • The subject site must be located fronting on a major thoroughfare as indicated on the city's general plan. • The only allowable sign shall be an identification sign for the building complex, with public convenience signs as necessary. • All development standards of Section 92.08.03 can be met. If the proposed project complied with all Zoning Ordinance requirements, a Planned Development District would not be necessary. The proposed project site is irregular in shape and size, which creates a hardship. The proposed project has approximately four hundred twenty-one feet (421') of frontage along Sunrise Way. Sunrise Way is designated a major thoroughfare. The Planned Development District is asking for relief for the following "P" (Professional) zone requirements and standards, including front, rear and side setbacks. Specific requests are as follows: Setbacks: Required Proposed Building Twenty-five feet (25') Sixteen feet (16') Front Yard Sunrise Way Parking Twenty-five feet (25') Ten feet (10') (93.08.03.D.2) Carport Twenty-five feet (25') Nineteen feet (19') Rear Yard Building Twenty feet (20') Twelve feet (12') Single Family Residence Parking * Within the 20' setback Three feet (3') 93.08.03.D.3 Side Yard Building Twenty feet (20') Seventy-two feet (72') Multiple Family Residence Parking " Within the 20' setback Five feet (5') 93.08.03.D.3 Building Twenty-five feet (25') One hundred seventy feet Side Yard 170' Andreas Road Parking Twenty-five feet (25') Eighteen feet (18') — East Side 93.08.03.D.2) Parking Twenty-five feet (25') Five feet (5) — West side * Provided a six feet (6') wall in constructed on the property line Parking: Parking was calculated by code requirements, which includes the basement as office space. Offices (Non medical) Up to 10,000 sq ft 10,000 sq ft 1 park space/200 sq ft 50 Over 10,000 sq ft 1672 sq ft 1 park space/250 sq ft 6.7 Total 57 Eleven (11) parking spaces relief OR Nineteen percent (19%) relief Proposed parking requirements, which includes the basement as storage Offices (Non medical) 8776 sq ft 1 park space/200 sq ft 44 Basement 2896 sq ft 1 park space/800sq ft 4 Total 48 Two (2) parking spaces relief OR Four percent (4%) relief Total Parking proposed 48 Open Space: Requirement Proposed) 40% 38% Two percent (2%) relief The professional, non-medical office is a permitted use in the R-2 Zone as a Conditional Use Permit as long as the Professional Zone development standards are met. As per Section 92.08.03 (Professional Zone) of the Zoning Ordinance: twenty feet (20') setback where a professional zone abuts a residential zone is required, twenty five feet (25') setback where the professional zone abuts a street is required and maximum height allowed is twenty-four feet (24'). The proposed project will be on an irregular shaped lot, wide and narrow. The irregular shape makes it difficult for the proposed project to conform to the development standards as outlined in Section 92.08.03 (Professional Zone) of the Zoning Ordinance. The relief in setbacks is needed to develop the property into usable space. The proposed site is narrow, one hundred twelve feet (112') tapering to fifty-nine feet (59'). The depth dimensions, with the required setbacks create a hardship. The proposed project design has attempted to center the building, thus the relief in front yard and rear yard setbacks is fairly balanced. The line of sight shows an impact to the neighbors to the east of the proposed project. There is an existing six (6') foot tall wall. The proposed project has a stepped setback to reach the maximum height of nineteen feet (19'). At twelve feet (12') from the property line, the building height will be twelve feet (12'). At twenty-five feet (25') the building height will be sixteen feet (16'). At forty feet (40') the building height will be eighteen feet (18'). At forty-four feet (44') the building height will be nineteen feet (19'). The existing single-family residences to the east of the proposed project are one-story homes. At a minimum, the single-family residences are setback twelve feet (12') from the property line and the height of the single-family residences vary. This will give a minimum of twenty-four feet (24') of building separation between the homes and proposed office building. The Planning Commission found that the staggering of the height of the building, the proximity to the single-family residences and design of the building would create a less visual impact than what could be proposed by right-of-zone. The "P" Zone would allow a twenty-four feet (24') high building with a twenty-foot (20') setback. The visual impact has been minimized to preserve as much line-of-sight for the single-family residences while allowing for a new office building. Design Review Committee reviewed the plans on February 9, 2004 and recommended approval as submitted. Traffic will enter the proposed project from two access points: a driveway from Andreas Road and a driveway from Sunrise Way, both of these driveways are new. The majority of the parking is accessed from the Andreas Road driveway, this will reduce the number of vehicles entering and exiting directly onto Sunrise Way. Sunrise Way is a major thoroughfare and Andreas Road is a collector street. The traffic impact to Sunrise way and Andreas Road will be less than significant. The applicant will be required to construct a median on Sunrise Way. The proposed project site has overhead utilities along its east property line. 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. A detailed plan approved by the owner(s) of the affected utilities depicting all above ground facilities to be undergrounded shall be submitted to the Engineering Division prior to approval of any grading plans. The existing overhead utilities across the eastern portion of the east property line meet the requirement to be installed underground. The three single-family residences to the east of the proposed project site were recently constructed and each property has entered into a covenant to participate in undergrounding of overhead utilities. Adjacent homeowners have expressed concern about the possibility they will be required to participate in the undergrounding of the overhead utilities. The Planning Commission found that their properties have covenants and that requiring the proposed project to under-ground overhead utilities is consistent with City Ordinance 8.04.401. ENVIRONMENTAL ASSESSMENT AND NOTIFICATION: The subject property is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15332 (In-Fill Development), where the project is; consistent with the General Plan and Zoning designation, within the City limits, project site has no value for endangered species, is served by all required utilities and would not result in significant effects related to traffic, noise, air quality or water quality. All property owners within 400 feet of the subject property were notified. At the time of the writing of this report, staff has no new written correspondences Director of,'Planning and Zoning City Manager F,a ATTACHMENTS: 1. Vicinity Map and Public Hearing Notice 2. Letter of intent to underground utilities 3. Correspondences 4. Planning Commission Minutes for April 28, 2004 To 3 nynv ooD 5. Planning Commission Minutes for May 12, 2004 6. Resolution 7. Conditions of Approval NOTICE OF EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS Case No. 5.0994 Liberty Escrow Planned Development District 293 200 North Sunrise Way NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of July 7, 2004. The City Council meeting begins at 7:00 P.M. in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider an application by Liberty Escrow for a Planned Development District 293 to allow construction of a one story, professional office building. The proposed project is located at 200 North Sunrise Way, Zone R-2, Section 13. The Planned Development District is proposing to modify property development standards as follows: reduce building and parking front yard setbacks, reduce building and parking rear yard setback, reduce building and parking side yard setback, reduce parking requirements, reduce open space requirements. An approval of the Planned Development District will require the approval of the Planning Commission and the City Council (Section 94.03 of the Zoning Ordinance). This project is categorically exempt from environmental review pursuant to Section 15332 (In- Fill Development Projects) of the California Environmental Quality Act (CEQA), whereas the proposed one story, professional office building meets the conditions outlined for in-fill development If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to, the Planning Commission hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Matthew Feske, Associate Planner at (760) 323-8245. Si necesita ayuda con esta carts, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. PATRICIA A. SANDERS City Clerk �oF .ALMSpy' N rt N Department of Planning and Zoning wE V ti Vicinity Map S r'4<IFO RN`�. \ I J L— I __..., AMADO RD O _Z C Z m o Q o Cn z m J ANDREAS RD I r C �1 Z G7 ;O CITY OF PALM SPRINGS CASE NO.: 5.09994 — PD293 DESCRIPTION: Application by Liberty Escrow to build a one story, professional office complex. APPLICANT: Liberty Escrow Located at 200 North Sunrise Way. Zone R-2. Section 13. �. C i V E i f rxr t APR 13 2ooG w k,>v.gey i.Jf36 W(u� ,,, �vlV9(Yc�` 4 4� y. - M . H>�ISTC PHER S. MILLS i9RCHITECT INC. a� ryv \ 1 13 April 2004 Doug Evans Director of Strategic Planning City of Palm Springs 3200 East Tahquitz Canyon Palm Springs, CA 92263 RE: Liberty Escrow Dear Mr. Evans: This letter is to inform you that we and our client, Liberty Escrow, are aware of the City's "conditions of approval" to underground existing overhead utilities. We reserve the option to request a covenant to extend this requirement to a future date as determined by the City. Thank you. SJ 6Pre_ Chris Mil s MyDocs/Liberty Escrow/Doug Evans Ur I 1255 E, RAMON ROAD • PALM SPRINGS • CA • 92264 • 760 327.1184 04/26/2004 14:34 760-3253264__ _ SMKTREE SECRETARIAL PAGE 01 Howard Marcou 241 N, Luring Drive Palm Springs, CA 92262 (760) 322-1515 April 26, 2004 Sent Via Fax(760)322-8360 and Email: MagewF cl Halm-springs ca us City of Palm Springs Planning Commission 3200 B. Tahquitz Canyon Way P. O. Box 2743 Palm Springs, CA 92263-2743 Attention: Matthew Feske Dear Six: I wish to register my voice concerning the proposed building at the corner of Sunrise Way and Andreas. The property is zoned R2. In order to construct the building that is being proposed, set backs on Sunrise Way, Andreas and the property owners whose homes are on Luring Drive will be violated. The current la(92,03,02)calls for a 25 foot setback from Andreas and from Sunrise and a 2046ot setback on the residential property side. The proposed building violates all three. I don't understand the property owner's inability to abide by the current regulations. Their proposed building is a serious encroachment on the surrounding properties. I have always believed that laws were made not to be broken. I am sure the property was purchased with knowledge of these setbacks. In addition,they proposed a building much larger than needed. The building has 3,327 square feet of vacant space. This unused space is being proposed for profit and not need (the space below the main office complex has a full basement for storage). It is claimed that the unused space is not for escrow offices. I sold a lovely new home in Rio Del Sol in order to purchase this Palm Springs home. The homes are about the same size. The only reason I chose to move was the view afforded me by the Luring Street address. The building, as proposed,blocks my line of sight. The tallest part of the building(20')is directly opposite my family room windows. The relative value of my home will be seriously diminished by this building. 04/26/2004 14:34 760-3253264 SMKTREE SECRETARIAL PAGE 02 Attention: Matthew Feske April 26,2004 Page Two My quality of life will be gravely affected by this structure. I have been a free-lance writer for The Desert Sun and The Desert Post Weekly. I am currently writing a book on Reginald Pollack,a Palm Springs artist, I am active on the Boards of several organizations and charities. I do a great deal of outdoor entertaining at my property. The aesthetic quality of my property will be greatly compromised by this structure. 1 applaud the development of this tract of land. It could be an asset both aesthetically and in terms of diminishing noise. However,I implore the commission to honor existing codes and argue,for a smaller,more compact one story building. That does not destroy the magnificent views that 1 have at my Luring Street residence. Respectfully submitted Howard L. Marcou u k E C E I V E t 227 Luring Drive APR 2 1 ?m Palm Springs, CA 92262 Hut 11 16 April 2004 Planning Commission City of Palm Springs 3200 Tahquitz Canyon Palm Springs, CA 92262 Re: Case No. 5.0994 To Whom It May Concern: The property at 200 North Sunrise Way is adjacent to my property on Luring Drive. I am relieved to discover that the proposal to permit a convenience store there was a rumor. As I have stated in my previous letter I am not opposed to development but I have some concerns that I would like to address. First, I have learned that the proposal is for an 18 foot high building on the site where I believe the code specifies a one story building be no higher that 15 feet. I prize my home and the lovely view from the pool area and I do not wish that to be obstructed by the commission granting a variance. Second, I do not ravish this structure to be built on fill compromising my view again as well as the integrity of the neighborhood. Lastly, I am concerned over the announcement of a possible variance being granted so that the rear of the proposed building sits only 5 feet from the boundary wall vs. the 10 feet that I believe code requires. If emergency vehicles need access there is no way they can traverse a less than 5 feet wide lane. Also there are utilities there and with only 5 feet behind the building Verizon, Time Warner, and Southern California Electric will have no way to access their lines except through my property. I do hope the commission takes my concerns in mind. I work and the timing of the meetings on this vital issue occur during my work hours so I am unable to attend them. Thank you for your time. Si ncerelyours, ✓ � l Lee L. Gerson MD Page 5 of 12 Planning Commission Minutes April 28, 2004 Case 5.0994 PD293 -Application by Chrustopher Mills, architect for Liberty Escrow, for a Planned Development (PD 293) to build a one story office complex located at 200 North Sunrise Way, R-2 Zone, Section 13. Associate Planner, Matthew Feske, reviewed this application for a Planned Development District to construct a one story professional non-medical office complex. There are four (4) R-2 zoned substandard lots which would be combined to make up the proposed project. The proposed project abuts four(4)single family residences to the east and a multi-family apartment complex to the north. He explained that the "P" (Professional Zone) requires a minimum depth of one hundred fifty feet (150') and that the proposed site is substandard in depth, as well as being irregular in shape. That is the reason for the applicant's proposal to develop the property within the Planned Development District process which would allowforthe relief of the development standards to create a reasonable project on this irregular site. He further addressed the specific "P" zone requirements and standards, including front, rear and side setbacks and described the proposed parking requirements, which include using the basement as storage, all components for the relief sought to develop the property into usable space. Mr. Feske reported that there had been concerns from the neighbors, following notice of the proposed development, relative to the height of the building and its potential negative impact on their views to the west and the inherent possibility of diminished value of their homes. Chairman Shoenberger inquired as to the exact height of the building at various sections and setbacks of the building. Commissioner Conrad asked about the pad height differences. Planner Feske responded that it was minimal with the single family homes being higher than the proposed building. Chairman Shoenberger opened the Public Hearing portion of this case and invited any interested parties to come forward and speak. Dr. Howard Marco, resident of the home most impacted by this project stated that he is very opposed to the proposed building for many reasons. Mainly, all of his views will be destroyed and the reason he purchased this home was for the views. He suggested that they redesign the plan for a building half the size and with a greatly decreased height. Mr. Hal Browning, a resident living one block away, stated that his concerns would be very minimal if this was not a residential area. However, giving variances in a predominantly residential area is not acceptable. He is very concerned about people who bought their homes in good faith. This will certainly impact the values of those homes in a negative fashion. Mr. Chris Mills, architect on the project, gave an in-depth description and comparison of the P Zone and the R-2 Zones, indicating that the he believes the P Zone is the preferred use of the property to all involved. He addressed the issue of the various setbacks, emphasizing that the height and setback impacts could be much worse for the neighbors if this was developed R-2, rather than P Zone. He stated that they had made a major attempt to bring the height of this building down. Page 6 of 12 Planning Commission Minutes April 28, 2004 He stated that he wanted to review a few of the Conditions of Approval—936 -deleting the two (2) easterly parking spaces. He requested that condition be deleted, explained how that could be done and said he would like to keep those two (2) parking spots. Also, Conditions of Approval #52, 53, 55, 56, and 86 all have to do with moving curb, walk, handicapped ramps at corners, etc. back on Sunrise. He would prefer to have that done on a covenant basis, or not at all. He explained that this would be a waste of perfectly good existing curb and gutter. Next, he addressed Condition of Approval #60, noting they would like to have that element handled the same way as the previous conditions. Regarding Condition of Approval#77, Undergrounding of Utilities, Mr. Mills stated that while they were willing to conform to the undergrounding, there are many problems associated with it. Namely, there are covenants on the adjacent neighbors' properties which would cost them a lot of money and it would probably delay the building for a long time. He requested that, while they are willing to work with the City in any way possible to get that property undergrounded, for now it would be better for all involved to also covenant the undergrounding of utilities for the proposed project. Mr. Mills stated that he would be available to answer any questions. Commissioner Hochanadel requested information regarding allowable heights if this was a single family residence. Director Evans responded that, after much geometric evaluation, it was determined that though the building would be closer, the line of sight visual impact would be lessened with the proposed design. Commissioner Conrad questioned further concerning the setbacks. Chairman Shoenberger also requested clarification of the setbacks. Director Evans compared and explained the limits in an R-2 Zone versus those of a P Zone. Chairman Shoenberger requested commentfrom the Engineering Department aboutthe applicant's request for relief of the conditions concerning the sidewalks, curbs, etc. on Sunrise. Marcus Fuller, Senior Engineer, responded that this street had been widened in 1974 with the intent of having a 60' travelway. City Engineer David Barakian further remarked that this is a discretionary matter in terms of necessity, yet explained the merits of conforming to the subject conditions insofar as its consistency with the General Plan. Commissioners Matthews and Wright voiced several questions and concerns with the design of the building, its size and the lot accommodation. Architect Mills responded that the design and square footage versus parking allotments are all within the required parameters of the PD process. Chairman Shoenberger requested that staff clarify the modifications requested to the Conditions of Approval by applicant. Director Evans made several suggestions for compromise for each of those disputed Conditions. Commissioner Conrad suggested deferring action on this case for two (2) weeks for better opportunity to explain to the neighbors concerning their covenants for undergrounding of utilities possibly being called. She also suggested that the continuance would give the applicant time in which to consider a redesign of the setting of the building closer to the street, remarking that no matter it would only be a few feet, it could mean a great deal to the neighbors. While she stated she felt inclined to grant relief to the applicant concerning the moving of the curbs, walkways and gutters, time would be required for that language to be worked out as well. Commissioner Conrad also stated that she feels the neighbors deserve a better understanding of their line of sight views. Page 7 of 12 Planning Commission Minutes April 28, 2004 M/S/C(Matthews/Hochanadel,3-3)to approve subject to numerous revised Conditions of Approval. AYES: Commissioners Hochanadel, Matthews and Shoenberger NAYS: Commissioners Wright, Conrad and Marantz. Director Evans clarified that a tie automatically deferred the case for two (2) weeks and that the concerns of the Commission will be addressed during that time and will be presented at the next Planning Commission Meeting scheduled for May 12, 2004. Chairman Shoenberger called for a break at this time. l 011F r, , Planning Commission Minutes May 12, 2004 Page 5 of 8 Case No. 5.0994 PD-293 — Application by Christopher Mills Architect for Liberty Escrow for a Planned Development District 293 to construct one story, professional office complex on four (4) substandard lots located at 200 North Sunrise Way, R-2 Zone, Section 13. Associate Planner Matthew Feske began his staff report by announcing to the Commissioners that Condition of Approval #54, included in their staff report, states that this Condition has been deferred by covenant but that, in fact, it has not been deferred by covenant. He described the location of the subject property at 200 North Sunrise Road and indicated that it is an R-2 zoned lot with a proposed professional, non-medical building which had been previously presented to the Commission at its meeting of April 28, 2004. He reported that several meetings had been held between the applicant and the neighbors since that time to further discuss the many height, line of sight and overhead utilities issues relating to this project. Subsequently, these meetings have produced compromise and resolution with the nearest neighbor to the building. The applicant had put up poles and flags on the property to better represent the heights and to give the neighbors a better picture of what the visual impacts will be. At another meeting, resolution and compromise was reached when the applicant agreed to lower the height of the building by one (1') foot and to move the building forward three (3) feet. This will allow the neighbor to have some view of the ridgeline,which he would not have enjoyed with the former design. While the neighbor is not 100% happy, he is grateful for the modifications. Commission Marantz commented at the effectiveness of these large story poles in illustrating the reality of the potential impact and thanked the applicant. Chairman Shoenberger opened the meeting for Public Hearing and invited anyone interested in speaking regarding this case to come forward and do so. Chris Mills, architect, stated that Associate Planner Matthew Feske had done a good job of explaining the modifications proposed. He reported that what they are asking now, as part of the PD is to reduce front yard setback to 12'8"which is part of moving it forward three (3'). In doing so, they have been able to essentially bring the height of the building down 1'9". The story poles enabled the neighbors to see the right of zone impact versus the reality of the project proposal. Mr. Mills further reported that during the meetings with the neighbors, their concerns regarding the undergrounding of the utilities being called were addressed. They are requesting deferment of the covenant on the utilities and the applicant would be in agreement, since that is the one thing the neighbors have asked for. They are, therefore, requesting a deferment to this condition. Regarding Condition#60,they are not requesting a deferment. They are requesting a modification from 20' to 18' from center line allowing them to use the existing curb and gutter. In connection with the pad height question,they did further research and found it simply could not be lowered any more. Noting no further appearances, Chairman Shoenberger closed the Public Hearing. Commissioner Conrad expressed her appreciation to the applicant for all of the additional work and what appears to be a happy ending, remarking that moving the building forward was a great Planning Commission Minutes May 12, 2004 Page 6 of 8 idea. She also stated that while the undergrounding of utilities had not yet been resolved, she is pleased that the neighbors are now well informed and, perhaps, staff and the applicant could report on the status of this matter. Associate Planner Matthew Feske described his discussions with the neighbors and stated that they are fully aware of the covenant and the fact that they would have to pay their share of accomplishing the undergrounding of the utilities. They expressed concerns over the potential expenses they would have to incur and requested a deferment of the covenant. However, Mr. Feske stated, this is a City Ordinance and it will be even more expensive to do if it is deferred to a later time. In response to questions, Chris Mills readdressed the Commission concerning the preliminary numbers and potential expense of the undergrounding of the utilities as provided to him by the electrical engineer in his conversations with Edison. The total cost is about$120,000- $170,000. The prorata shares appear to be roughly$80,000 per home, which he considers to be an extreme hardship financially, as well as tearing up the newly (3 years) landscaped yards of these homeowners. He suggested it would be better to wait for this to be done later on an assessment basis at which time the work would be done at the street and the work would be spread over many more homes at that time. He stated that the applicant is more than willing to go ahead, but thought the Commission should be aware of the burdensome nature of it on the neighbors. Chairman Shoenberger requested that Director Evans comment regarding what the special assessment efforts in the past have produced and to clarify this ordinance further. Director Evans explained that once the costs have been outlined to the homeowners for this purpose, they have said, "no, thank you, our utilities look just fine to us." However, the subject homes are new homes and the homeowners did sign the covenants. The ordinance does not have financial hardships built into it; it basically states that it is the policy of the City to underground the utilities. It is a requirement of the City though the Commission certainly has the right to recommend deferment or modification to the City Council. Commissioner Matthews stated that these homeowners, as all homeowners must, have signed documents at their closings which they understood. He further stated that he believed there was no point in delaying the implementation of this Ordinance and that they could appeal it to the City Council, if necessary. Commissioner Wright inquired as to the difficulties of setting precedent with these deferments. Chairman Shoenberger remarked that while it can sometimes be an onerous task, there is no time like the present and that we have generally tried to make it work. M/S/C(Conrad/Matthews,7-0)to approve,subjectto the Conditions of Approval,with no deferment of undergrounding the utilities. L_,iLl 11!vL- U EXHIBIT A CASE 5.0994— PLANNED DEVELOPMENT DISTRICT 293 CONDITIONS OF APPROVAL 200 NORTH SUNRISE WAY JULY 7, 2004 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, 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 DEPARTMENT: Administrative: 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 1a. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0994— Planned Development District 293. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive 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. 2. 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 Services, may result in commencement of proceedings to revoke the Planned Development District 293 pursuant to Section 94.03.00 of the Zoning Ordinance. In i , 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. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, 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. 4. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the feeing being 1/2% for commercial projects or 114% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services 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. GENERAL CONDITIONS/CODE REQUIREMENTS 5. The preliminary Planned Development District shall be valid for a period of two (2) years. The City Council, upon demonstration of good cause, may grant extensions of time to the preliminary Planned Development District. 6. The final Planned Development District shall be valid for a period of six (6) months. The City Council, upon demonstration of good cause, may grant extensions of time to the final Planned Development District. 7. The appeal period for a Planned Development District is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 8. 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 Services for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 9. 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. 10. 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. 11. Any sign shall conform to the sign standard as defined in Section 92.03.01.C.9 of the Zoning Ordinance, subject to approval by the Director of Planning Services and/or designee. The proposed monument sign(s) shall conform to the sign standard as defined in Sections 92.03.01.C.9 and 93.20.00 of the Zoning Ordinance, subject to approval by the Director of Planning Services and/or designee. 12. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the City Council, prior to issuance of building permits. 13. The street address numbering/lettering shall not exceed eight inches in height. 14. All materials on the flat portions of the roof shall be earth tone in color. 15. 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. 16. 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. 17. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 18. 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. 19. Submit plans on the proposed trash and recyclable materials enclosure per Sections 93.07.02 of the Zoning Ordinance, subject to approval by the Director of Planning Services and/or designee, prior to issuance of a building permit. 20. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 21. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 22. 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. 23. The applicant shall provide all tenants with Conditions of Approval of this project. 24. 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". 25. 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. 26. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 27. Islands of not less than nine feet (9') in width with a minimum of six feet (6') of planter shall be provided every ten (10) parking spaces. Additional islands may be necessary to comply with shading requirements. 28. Shading requirements for parking lot areas as set forth in Section 93.06.00 of the Zoning Ordinance shall be met. A minimum of fifty percent (50%) shall be required. Details to be provided with final landscape plan. 29. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "Ll" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 30. 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. 31. The applicant shall submit for approval, an outdoor lighting plan. Photometric shall be provided on the outdoor lighting plan and shall comply with Zoning Ordinance standards. Final Design 32. 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. 33. The final development plans shall be submitted in accordance with Section 94.03.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the City Council. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. 34. 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. 35. The first parking space in the south parking area, on the west side of the parking area and adjacent to Andreas Road shall be deleted to increase the setback to the parking area. 36, The screening wall along Sunrise Way shall be constructed and have a landscaped barrier between wall and parking area as per Section 93.06.00 of the Zoning Ordinance, Cultural Resources 37. 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. 38. 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 Services and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b) Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to final inspection. BUILDING DEPARTMENT: 39. Prior to any construction on-site, all appropriate permits must be issued. FIRE: 40. Premises Identification: 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) 41. Building or Complex Gate Locking Devices: Locked gate(s) shall be equipped with a KNOX key switch device or Key box. Contact the fire department at 323-8186 for a KNOX application form. (902.4 CFC) 42. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is required. 43. Fire Hydrant & FDC Location: A commercial fire hydrant is required within 30 feet of the Fire Department Connection (FDC). Fire Hose must be protected from vehicular traffic and shall not cross roadways, streets, railroad tracks or driveways. 44. Fire Extinguisher Requirements: 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 in the path of exit travel or near an exit door. 45. Fire Alarm System: Fire Alarm System required. Installation shall comply with the requirements of NFPA 72. 46. Fire Flow: The estimated fire flow for this project is estimated to be 1500 gallons per minute for a two-hour duration. ENGINEERING DEPARTMENT: 47. 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. 48. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, STREETS 49. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 50. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. NORTH SUNRISE WAY 51. Dedicate an additional 5 feet to provide the ultimate half street right-of-way width of 50 feet along the entire frontage, together with a property line - corner cut-back at the southwest corner of the subject property in accordance with City of Palm Springs Standard Drawing No. 105. 52. DEFER BY CONVENANT: Remove the existing 6 inch curb and gutter located 32 feet east of centerline and replace with a 6 inch curb and gutter located 38 feet east of centerline along the entire frontage, with a 35 feet radius curb return at the northeast corner of the intersection of North Sunrise Way and East Andreas Road in accordance with City of Palm Springs Standard Drawing No. 200 and 206. The curb shall be transitioned to match existing curb and gutter located at 32 feet east of centerline at the south side of the proposed driveway approach. Existing curb and gutter from the south side of the proposed driveway approach and along the frontage to the north property line shall be protected in place. 53. DEFER BY CONVENANT: Remove the existing cross gutter and spandrel and construct the north half of an 8 feet wide cross gutter and spandrel at the northeast corner of the intersection of North Sunrise Way and East Andreas Road with a flow line parallel with and 38 feet east of the centerline of North Sunrise Way in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 54. Remove existing curb, gutter and sidewalk and construct a 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. The centerline of the proposed driveway approach shall be approximately 426 feet north of the centerline of East Andreas Road as shown on the approved site plan. 55. DEFER BY CONVENANT: Remove the existing sidewalk and construct an 8 feet wide sidewalk behind the proposed curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 56. DEFER BY CONVENANT: Remove the existing curb ramp and construct a Type A curb ramp meeting current California State Accessibility standards at the northeast corner of the intersection of North Sunrise Way and East Andreas Road in accordance with City of Palm Springs Standard Drawing No. 212. 57. Construct a 14-feet wide landscaped, raised median island as specified by the City Engineer from East Andreas Road to the south edge of the proposed driveway approach to allow southbound left-turn ingress and protect left-turn egress from the proposed driveway approach. Provide left turn pockets as required by the City Engineer at Andreas Road. The median nose width shall be constructed 4 feet wide. The left turn pockets shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, as approved by the City Engineer. Landscaping and irrigation plans for the median shall be submitted to the City Engineer for review and approval, in conjunction with the associated street improvement plans. F. 58. Remove and replace existing pavement with a minimum pavement section of 5 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire North Sunrise Way frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. 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. EAST ANDREAS ROAD 59. Dedicate an additional 5 feet to provide the ultimate half street right-of-way width of 30 feet along the entire frontage. 60. Construct a 6 inch curb and gutter, 18 feet north of centerline along the entire frontage, with a 35 feet radius curb return at the northeast corner of the intersection of North Sunrise Way and East Andreas Road in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 61. Construct a 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. The centerline of the proposed driveway approach shall be approximately 91 feet east of the centerline of North Sunrise Way. 62. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 63, Remove and replace existing pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire East Andreas Road frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. SANITARY SEWER 64. All sanitary facilities shall be connected to the public sewer system. Laterals shall not be connected at manholes. A maximum of one lateral shall be connected to the sewer mainline on Sunrise Way. 65. All on-site sewer systems shall be privately maintained. GRADING 66. Submit a Precise Grading and Paving Plan prepared by a California registered Civil Engineer or qualified Architect to the Engineering Division for review and approval. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Building Department 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 Building Department 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 Elio Torrealba at AQMD at (909) 396- 3752, or at etorrealba@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 Building Department prior to approval of the Grading plan. The Precise Grading and Paving Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. a) The first submittal of the Precise Grading and Paving Plan shall include the following information: Copy of signed Conditions of Approval stamped by the Planning Department; Copy of Site Plan stamped approved and signed by the Planning Department; Copy of current Title Report; Copy of Soils Report; and a copy of the associated Hydrology Study/Report. 67. Drainage swales shall be provided adjacent to all sidewalks, 3' wide and 6" deep, to keep nuisance water from entering the adjacent street. 68. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the Precise Grading and Paving Plan for the proposed development. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Precise Grading and Paving Plan. 69. 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 Precise Grading and Paving Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 70. All stormwater runoff passing through and falling onto the site shall be accepted and conveyed to an approved drainage system. On-site retention or other facilities approved by the City Engineer shall be required if off-site drainage systems are unavailable or cannot contain the increased storm water runoff generated by the development of the property. Provide a hydrology study to determine if the increased storm water runoff due to development of the site exceeds the capacity of offsite drainage systems, and to determine required storm water runoff mitigation measures for the proposed development. Final retention basin sizing and other storm water runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or change to site configuration or layout consistent with the findings of the final hydrology study. 71. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $9,212.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. ON-SITE 72. The minimum pavement section for all on-site pavements shall be 2-1/2 inch asphalt concrete pavement over 4-inch aggregate base with a minimum sub grade 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. GENERAL 73. 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. 74. All proposed utility lines shall be installed underground. 75. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. 76. The original improvement plans prepared for the proposed development and approved by the City Engineer(if required) shall be documented with record drawing "as-built' information and returned to the Engineering Division prior to issuance of a certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 77. 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. A detailed plan approved by the owner(s) of the affected utilities depicting all above ground facilities to be under grounded shall be submitted to the Engineering Division prior to approval of any grading plans or appropriate financial security. c a) The existing overhead utilities across the northern portion of the east property line meet the requirement to be installed underground. The developer is advised to investigate the nature of these utilities, the availability of undergrounding these utilities with respect to adjacent and off-site properties, and if the developer feels that there are circumstances which will preclude completion of the undergrounding, to present its case for a waiver of the Municipal Code requirement, to the City Council and/or City Council as part of its review and approval of this project. b) If utility undergrounding is deferred in accordance with specific direction by the City Council 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 grading permit. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. 78. Nothing shall be constructed or planted in the public right-of-way 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. 79. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. MAP 80. The existing lots shall be merged into one parcel. An application for a lot line adjustment shall be submitted to the Engineering Division for review and approval. A current title report and copies of record documents shall be submitted with the application for the Lot Line Adjustment. The application shall be reviewed and approved prior to issuance of a building permit. TRAFFIC 81. A minimum of 48 inches of sidewalk clearance shall be provided around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility of the proposed sidewalk. Minimum clearance shall be provided through dedication of additional right-of-way, widening of the proposed sidewalk, or relocation of all obstructions. 82. All damaged, destroyed, or modified pavement legends and striping associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 83. Submit traffic striping plans prepared by a California registered Civil Engineer to the Engineering Division for review and approval. All required traffic striping improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to issuance of a Certificate of Occupancy. 84. Install appropriate traffic markings, markers and striping as required by the City Engineer within the curb taper along Sunrise Way, south of the proposed driveway approach. 85. Relocate the existing stop/street name sign at the northeast corner of the intersection of North Sunrise Way and East Andreas Road in accordance with City of Palm Springs Standard Drawing No. 624. 86. Relocate the existing safety light pole, conduit, pull boxes and all appurtenances located on the northeast corner of the intersection of North Sunrise Way and East Andreas Road, with the mast arm over North Sunrise Way. Coordinate with Southern California Edison for required permits and work orders necessary to relocate the existing street light. 87. 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. 88. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. AFFIDAVIT OF MAILING NOTICES I, the undersigned City Cleric of the City of Pahn Springs, Califonua, do hereby certify that a copy of the Notice of Public Hearing before the City Council of the City of Palm Springs, in conjunction with Liberty Escrow, PDD 293, Case No. 5.0994, 200 North Sunrise Way, was mailed to each and every person set forth on the attached list on the 24th day of June, 2004. A copy of said Notice is attached hereto. Said mailing was completed by placing a copy of said Notice in a sealed envelope,with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 24th day of June, 2004. PATRICIA A. SANDERS City Cleric NOTICE OF EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS Case No. 5.0994 Liberty Escrow Planned Development District 293 200 North Sunrise Way NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of July 7, 2004. The City Council meeting begins at 7:00 P.M. in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider an application by Liberty Escrow for a Planned Development District 293 to allow construction of a one story, professional office building. The proposed project is located at 200 North Sunrise Way, Zone R-2, Section 13. The Planned Development District is proposing to modify property development standards as follows: reduce building and parking front yard setbacks, reduce building and parking rear yard setback, reduce building and parking side yard setback, reduce parking requirements, reduce open space requirements. An approval of the Planned Development District will require the approval of the Planning Commission and the City Council (Section 94.03 of the Zoning Ordinance). This project is categorically exempt from environmental review pursuant to Section 15332 (In- Fill Development Projects) of the California Environmental Quality Act (CEQA), whereas the proposed one story, professional office building meets the conditions outlined for in-fill development If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to, the Planning Commission hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Matthew Feske, Associate Planner at (760) 323-8245. Si necesita ayuda con esta carts, portavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. PATRICIA A. SANDERS City Clerk 4�pALM 3 N Department of Planning and Zoning w I u M10 Vicinity Map S r'QciFonN�P. J L—t J AMADO RD 0 O _Z 2i C_- Z i0 ca rn a a- -z o m co z rn � J ANDREAS RD r— c z z 0 CITY OF PALM SPRINGS CASE NO.: 5.09994 — PD293 DESCRIPTION: Application by Liberty Escrow to build a one story, professional office complex. APPLICANT: Liberty Escrow Located at 200 North Sunrise Way. Zone R-2. Section 13. April 29, 2004 Claudia Salgado Arvada Wilson Bureau of Indian Affairs P.O. Box 2245 Palm Springs, CA 92263 RE: City Council Meeting, 7-7-04 Liberty Escrow, Case 5.0994-PD 293 Dear Claudia and Arvada, Attached are 15 notices and postage pre-paid envelopes for mailing. For your convenience I have stuffed the envelopes for you. These notices need to be sent to Indian landowners within a 400 ft. radius of the project at 200 North Sunrise Way. There are 87 parcels involved. The APNs are: 508-070-035 508-071-001thru 508-071-041 508-071-043thru 508-071-087 Thanks for your help in notifying Indian landowners when hearings are held that could affect their properties. If you have any questions, please call me at 323-8204. Sincerely, Velma Burnell Deputy City Clerk Smooth Feed SheetSTM Use template for 5160® NEIGHBORHOOD COALITION/ i MR BILL DAVIS AND SPONSOR AND VERIFICATION LIST MR PETER DIXON MS TRISHA DAVIS C.C. HEARING July 7,2004 TENNIS CLUB AREA TENNIS CLUB AREA CASE#5.0994-PD-293 431 SOUTH MONTE VISTA DRIVE 227 SOUTH CAHUILLA LIBERTY ESCROW PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR FRANK TYSEN C/O CASA CODY COUNTRY INN MS CHRISTINE HAMMOND MR BOB WEITHORN SMALL HOTELS TAHQUITZ RIVER ESTATES TENNIS CLUB/SMALL HOTELS 175 SOUTH CAHUILLA ROAD 1155 SOUTH CAMINO REAL 261 SOUTH BELARDO ROAD PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 f MR TIM HOHMEIER MS ROXANN PLOSS MR PHIL TEDESCO DEEPWELL OLD LAS PALMAS DEEPWELL RANCH 1387 CALLE DE MARIA 930 CHIA 1303 WEST PRIMAVERA DRIVE PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 I MR MARSHALL ROATH MS MARGARET PARK MS SHERYL HAMLIN AGUA CALIENTE BAND OF HISTORIC TENNIS CLUB AREA AGUA CALIENTE BAND OF CAHUILLA INDIANS 565 WEST SANTA ROSA DRIVE CAHUILLA INDIANS=J-0 =D -J=J =J 650 EAST TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 CITY OF PALM SPRINGS PLANNING &ZONING DEPT CASE N05.0994 VERIFICATION NOTICE-J D-7J ATTN SENIOR SECRETARY MS LORETTA D MOFFETT PO BOX 2743 PO BOX 2494 PALM SPRINGS CA 92263-2743 PALM SPRINGS CA 92263-2494 CHRISTOPHER MILLS ARCHITECT HACKER ENGINEERING (4)SPONSORS-D-D--J 1255 EAST RAMON ROAD 68487 HWY 111 SUITE 43 PALM SPRINGS CA 92264 CATHEDRAL CITY CA 92234 MR TOM DOCZI TKD LANDSCAPE ARCHITECTS MR LARRY SCHAEFER VP & CFO 2121 E TAHQUITZ CANYON WY#1 LIBERTY ESCROW INC PALM SPRINGS CA 92262 1 653 COMMERCIAL ROAD SUITE 12 PALM SPRINGS CA 92262 MR PETER MORUZZI HISTORIC SITE REP =D- PALM SPRINGS MODERN CMTE PO BOX 4738 PALM SPRINGS CA 92262-4738 Liberty Escrow, Case 5.0994-PD-293 Labels (02-19-04) Page 1 of 6 009 607 411 009 607 418 009 607 420 Michael Russell Kurt Brown Arthur Wilhelm&Larry Little 290 N Hermosa Dr 282 N Hermosa Dr 284 N Hermosa Dr Palm Springs,CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 009 607 421 009 607 422 009 607 423 M Bruce Crouch&Ned Gould Martin Burke Pamela Nervino 286 N Hermosa Dr PO Box 1766 262 N Hermosa Dr Palm Springs, CA 92262 Palm Springs, CA 92263 Palm Springs,CA 92262 i 009 607 4 009 607 425 009 607 427 Richard Br low James Gallagher William Bulger Jr. 1381 Pen Dr 266 N Hermosa Dr 14150 E Burnside St#6 Salt Lake Ci UT 84103 Palm Springs, CA 92262 Portland, OR 97233 �r 009 607A 009 607 429 009 607 431 Sluela Himberly Ban Suzanne Sutton Mario Pagliai 982 YelCt 1277 E Amado Rd 1281 E Amado Rd Sparks, j Palm Springs, CA 92262 Palm Springs,CA 92262 I 009 607 432 009 607 433 009 607 434 Richard Wilton Frank Stone&Robert Fleischer William Hutchins PO Box 433 PO Box 10744 1315 E Amado Rd Mount Joy,PA 17552 South Lake Tahoe, CA 96158 Palm Springs, CA 92262 �I 009 607 435 009 607 436 009 607 437 Bernard Hellmann&Claudia Hellman James Bald&Margaret Bald Stephen Harmon PO Box 1504 100 S Sunrise Way 4321 1323 E Amado Rd Palm Springs, CA 92263 Palm Springs, CA 92262 Palm Springs, CA 92262 009 607 438 009 607 439 009 607 440 Peter Donnelly Earl&Carolyn Madsen James&Mary Heimbaugh 2929 1st Ave#921 1327 E Amado Rd 1329 E Amado Rd i Seattle,WA 98121 Palm Springs, CA 92262 Palm Springs, CA 92262 009 607 442 009 607 443 009 607 444 Soren Bertram Stephen Rogers&Sharon Johnson Barbara Meyer 1341 E Amado Rd 1343 E Amado Rd 3444 University Ave Palm Springs, CA 92262 Palm Springs, CA 92262 Highland Park,IL 60035 009 607 445 009 607 44 009 607 447 Nancy Whitlock&Warren Schnudt Rich d oodwyn&James Bright Fred Hunt 1347 E Amado Rd 121 St NWT 1453 E Amado Rd Palm Springs, CA 92262 M tta, A 30064 Palm Springs, CA 92262 I 009 607 448 009 607 449 009 607 450 Delbert Steele Sindy Schwartz&Caron Schwartz Minnette Haber&City Nat1 Bank PO Box 9902 24840 Pacific Coast Hwy 400 N Roxbury Dr 4600 Spokane,WA 99209 Malibu, CA 90265 Beverly Hills, CA 90210 91 Liberty Escrow, Case 5.0994-PD-293 Labels (02-19-04) Page 2 of 6 009 607 451 009 607 452 009 607 453 Fisher Florence C Eaglin Curtis Merritt 1463 E Amado Rd#34 391 N Palm Canyon Dr 1518 S Fern Ave Palm Springs, CA 92262 Palm Springs, CA 92262 Ontario, CA 91762 009 60 4 4 009 607 455 009 607 456 Barry B n Arnold Kaufman Charlotte Joyner 4363 Im Ave 520 S Sepulveda Blvd#401 1475 E Amado Rd Studio Ci CA 91604 Los Angeles, CA 90049 Palm Springs, CA 92262 009 607 457 009 607 458 009 608 524 Maggie Fisher-reed Palm Regency Homeowners Assoc John&Sanchez Alfred Gomez 6202 West Ave 110 W C St#1711 PO Box 118 San Antonio,TX 78213 San Diego, CA 92101 Palm Springs, CA 92263 009 608 525 009 608 527 009 608 528 Carron Thomas J&Judy A Morey Schwartz Phillip Henry Scully&Gabriele Trox Carron 1240 E Andreas Rd 246 N Hermosa Dr 1244 E Andreas Rd Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 009 608 529 009 608 530 009 608 531 Francis Serio Joe Gioia&Rosalie Gioia Lloyd Korsgaen&Cynthia Hellickson 156 SE 39th Ave 2940 Estara Ave 10495 E Acoma Dr Portland,OR 97214 Los Angeles, CA 90065 Scottsdale, AZ 85255 009 608 532 009 608 533 009 608 535 Betty Dworett Bradley Yost Michael Ryan&David Wenzel 2160 S Calle Palo Fierro 202 N Hermosa Dr 206 N Hermosa Dr Palm Springs, CA 92264 Palm Springs, CA 92262 Palm Springs, CA 92262 009 608 536 009 608 537 009 608 538 Kevin Monahan&Michael Schrenk Everett Taylor Ralph&Gayle Smith Padgett 1250 E Andreas Rd 1252 E Andreas Rd 1254 E Andreas Rd Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 009 608 539 009 608 540 009 608 541 Stephen Parks&Michael Krachenko Binkley John Lee Tracy 2176 Ruby PI 1310 E Andreas Rd 4115 W Osage Way Laguna Beach, CA 92651 Palm Springs, CA 92262 Spokane,WA 99208 009 608 542 009 608 543 009 608 544 Neill Richard G Retler Morgan Robert 3700 16th St 1316 E Andreas Rd 1530 Garden St San Francisco, CA 94114 Palm Springs, CA 92262 Anchorage, AK 99508 009 608 545 009 608 546 009 608 547 Richard Hilgenberg&Edward Nordhei Morton Alan&Lucille Haas Art Mazzei&George Kuebrich 1344 E Andreas Rd 5245 White Oak Ave#10 150 Sunnyside Rd Palm Springs, CA 92262 Encino, CA 91316 Easton,PA 18042 qq Liberty Escrow, Case 5.0994-PD-293 Labels (02-19-04) Page 3 of 6 009 608 548 009 608 549 009 608 550 Robert Randolph&Charles Guthrie Sylvia&Dozier Lawrence Moses Louis Straus Jr. &Saralee Straus 1360 E Andreas Rd 1362 E Andreas Rd 1364 E Andreas Rd Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 009 608 551 009 608 552 ( 009 608 553 Louis&Betty Ruth Balkin Carl Berghoudian&Tony Lee Welch j Harley Spoon 1366 E Andreas Rd 19684 Los Alimos St 1382 E Andreas Rd Palm Springs, CA 92262 Chatsworth, CA 91311 1 Palm Springs, CA 92262 009 608 554 009 608 555 009 608 556 Fred Schwartz Albert Levy Fred Morgan Field 1834 E Andreas Rd 6220 E Vista St 1460 E Andreas Rd Palm Springs, CA 92262 Long Beach,CA 90803 Palm Springs, CA 92262 009 608 557 009 608 558 009 608 559 James Brandt&Gregory Fedderly Marcus Pete George Chenauit&Lloyd Chenault 1462 E Andreas Rd 1 282 N Hermosa Dr 1466 E Andreas Rd Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 009 608 560 009 608 561 009 608 56r2 Chandler&Zimmerman Gabriel Herpin Fran ' erio �Q L 241 Calliope St 3405 Northwood St 156 S th Ave Laguna Beach, CA 92651 Houston,TX 77009 P 1, d, 97214 009 608 563 i 009 608 564 1 009 608 565 Aart Hemiekes&M B Robert Dillis Knapp Joan Shelly Wilks Fernandez 1476 E Andreas Rd 1474 E Andreas Rd Ana Julia Fernandez Palm Springs, CA 92262 Palm Springs, CA '92262 137 Janes St Mill Valley, CA 94941 009 608 566 009 608 567 009 60Y68Bonner Joel Edward&Joel Edward Bo Hayden Douglas C SecuritNatlBank2743 Creston Dr 1470 E Andreas Rd 333 S #H2611 Los Angeles, CA 90068 Palm Springs, CA 92262 Los AnA 90071 009-607-426 Ili 009-607-430 009-607-441 MR DAVID P DUNLAP MS MAGDALENE JAKOBS MR PATRICK D BURKE 100 MARKET STREET#510 1279 EAST AMADO ROAD 1331 EAST AMADO ROAD DES MOINES IA 50309 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 009-608-526 009-608-534 MR JOHN M. JACOBSEN MR SID ADELMAN 1242 EAST ANDREAS ROAD 4068 WESLIN AVENUE PALM SPRINGS CA 92262 SHERMAN OAKS CA 91423 i Liberty Escrow, Case 5.0994-PD-293 Labels (02-19-04) Page 4 of 6 1 � 502 022 004 502 0U 016 502 061005 Continental Gardens Assoc SatunuttArps Llc � Demus Oreilly&Raymond Bronner 600 Queen Anne Ave N 311 N , 7408 Woodhaven Dr Seattle,WA 98109 Pal pring2262 Fort Worth,TX 76180 502 061006 502 061007 502 062 001 Maree Andre organ 830930 Udt I Jack&Ogden Matthew,Bernstine 1 Lawrence Hess&Michael Wald PO Box 2421 k� 1 136 Amber Dr 8306 Wilshire Blvd#205 Lake Arrowhea A 92352 San Francisco, CA 94131 Beverly Hills, CA 90211 II 502 062 002 502 062 003 502 062 004 Angelo Figone Nathan Heibeck Fraser George C&Pamela Voecks 566 Roosevelt Way 780 N Rose Ave Fraser San Francisco, CA 94114 Palm Springs, CA 92262 25851 Sheriff Rd Laguna Hills, CA 92653 502 062 005 502 062 006 502 062 007 Peter Estate Of&Elizabeth Berry Marilyn Higdon Harold Browing 295 N Luring Dr 650 Verona St 235 N Satmmino Dr Palm Springs,CA 92262 La Habra, CA 90631 Palm Springs, CA 92262 502 062 009 502 063 007 502 063 008 Douglas Ogden&Hector Gonzalez I Almyra Neighbors Jerome Geller&Kenneth Sullivan 851 N Kings Rd#102 1733 E Amado Rd#1 1819 Diamond St West Hollywood, CA 90069 Palm Springs, CA 92262 San Francisco, CA 94131 502 063 009 502 063 010 502063011 Ronald Dale ! Esther Stance&Adrian Guillen Dean Mike&Theresa Mike 291 N Satannino Dr PO Box 2462 269 N Luring Dr Patin Springs, CA 92262 Palm Springs, CA 92263 Palm Springs,CA 92262 502 063 012 502 063 013 502 063 014 Peter Mcalear Howard Marcou Lee Gerson 255 N Luring Dr 241 N Luring Dr 227 N Luring Dr Palm Springs,CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 502 063 016 502 063 017 502 063 022 Branch Properties Dodd Barbara Frey&Nancy Koplin 5357 S Kenyon St 68900 Minerva Rd 1525 Selby Ave#104 Seattle, WA 98118 Cathedral City, CA 92234 Los Angeles, CA 90024 502 064 009 502 064 011 502 065 005 Dennis Mario Amir Fayazrad Palm Springs Oil Company 68535 Henno 45175 Panorama Dr#F 166 N Sunrise Way Cathedral City, CA 92234 Palm Desert, CA 92260 Palm Springs,CA 92262 502 065 008 502 065 014 502 0 5 John Wessman Francisco&Cheryl Urrutia John sm18 an 1555 S Palm Canyon Dr#G106 73550 Alessandro Dr#201 PO Box 49 Palm Springs, CA 92264 Palm Desert, CA 92260 Anahei CA 92803 97 Liberty Escrow, Case 5.0994-PD-293 Labels (02-19-04) Page 5 of 6 502 065 019 508 060 018 508 0 0 Brown Hosea E&Barbara J General Telephone Co Of Calif Gene lephone Co Of Calif 940 N Avenida Olivos PO Box 152206 PO Bo 52206 Palm Springs,CA 92262 Irving,TX 75015 Irving, 75015 508 070 016 508 070 042 508 071002 Southern California Gas Co H&H Properties Llc Brown Kurt V 101 Ash St 1770 N Buffalo Dr#101 282 N Hermosa Dr San Diego, CA 92101 Las Vegas,NV 89128 Palm Springs, CA 92262 508 071035 508 071039 508 071048 Sharon Snaith John&Gay Joyner Charles Tucker 6870 Via Kannela PO Box 1057 1626 Award Dr Stanton, CA 90680 j Big Bear Lake, CA 92315 Manchester,MO 63021 1 1 , 508 071 052 508 07 0 2 508 071 067 Bradley Yost Usa 508 Charles Guthrie 202 N Hermosa Dr 153 San Kctc Blvd#3D 8921 Besthold Garth Palm Springs, CA 92262 Santa MoA 90402 i Columbia,MD 21045 508 071071 508 NI074 John Stmtzel&Roger Bafus Usa 50 1380 E Andreas Rd 6220 E�ista St Palm Springs, CA 92262 Long B achy CA 90803 i i I � ii 009 608 56'6 130MIcr JOI I Ed war war 1 Edward Bo '274j'Cr I'll",Apef; rLos CA bl U1, 009 607 427 William Bulger Jr. 14150 E Burnside St#6 Portland, OR 97233 ONN TO SENDER c��L NOT OLLIVERikOLE AS ADDRFC.qFn UNIABLE it S"i each sn`` " .,.m� :2\ City ©.If 1`e lJlk;h J1,1�!'-lii_��C �` ") Office of the City Clerk P O Box 2743 5D i n<rrone`. Palm Springs,Cahforn¢, ll263-2/i3 � r 009 608 553 Harley Spoon 1382 E Andreas Rd Palm Springs, CA 92262 c.i^f r' ` Office 2 the City Oderl<P. P O Box 2743 �ir-o nNj Palm Springs,Califorma 2 Y,"-,43 009 608 548 Robert Randolph&Char.es 'ruffirie 1360 E Andreas Rd Palm Springs, CA 92262 - .�... ..,-.c,.'...,I-;'': P 5 ` x �P' o ^lam Office of¢he City Clerk P. O Box 2743 PtrronNs�' Palm Springs, CaGfomm "2263-=743 009 608 540 Binkley John 1310 E Andreas Rd Palm Springs, CA 92262f 4 - r .,...': . < . ., . ' Illill.:,:�.,ili±E L..�11::,t::l r, 1:7��i�:�1�t1:;l,i 11 -Idd �,a>cy DT 1t°�Ilnyn 5]�ngu�a� T: Office of the City Cleric P O Box 2743 ?7<rrona� Palm Springs,Calmorm, 't2263-2743 009 607 425 fames Gallagher 266 N Hermosa Dr Palm Springs, CA 92262 �( r nnire sA 2\ C:fltiy of P--,),IM JpLdi gs r c Office of the City Clerk P O.Box 2743 a , i<rpanN�a/ Palm Springs,Cn6forma 22C,3-'743 009 608 564 DWis Knapp - 1474 E Andreas Rd Palm Springs, CA 92262 t« } V ...�,,.. ... 11:Vt. CUM 3P-IIIQL��'s 4�cI Office of the City Cleric P O.Box 2743 c� Palrn Springs,Calfforma 7226 -2743 508 071071 " John Strutzel&Roger Bafus 1380 E Andreas Rd Palm Springs,CA 92262 i 009 608 557 A James Brandt&Gregory Fedd-rly 1462 E Andreas Rd pahn Springs, CA 92262 HE i U R N ci Uty O� L`aifn 4LM-ILffs th pil— bOffice of e City Clerk P 0 Box 27,13 Palm Springs,California 12263-'743 009 607 411 Michael Russell 280 N Hermosa Dr Palm Springs, CA 92262 q 7 s city of Palm Springs kkc I ' � Office of the City Clerk p P O.Box 2743 o � PaLn Springs,Californm 'k2263'"43 009 607 447 Fred Hunt 1453 E Amado Rd �' Palm Springs, CA 92262 _. . _ i .i�:.,,i, m pcm / City IOL il'`e Lm Jp7"ZLSgJ Office of the City Clerk P O Box 2743 Pahn Springs,Cakform: "163-2743 009 608 558 Marcus Pete 282 N Hermosa Dr f Palm Springs,CA 92262 J .. p. _ . ._ d7i�1t:.�il!!lii!kl!!! ll!.ilil!i Jf lY}i1Pt l.pt JD- Office of site City Cleric,(CP.O.Box 27/3 Palm Springs,Cahform.l )2 M3-?743 009 608 556 Fred Morgan Field 1460 E Andreas Rd Palm Springs, CA 92262 ili!!..!1;iiliihsi :1ti;.,•i!is.'I ir`,.;ti i,j„j,:j::ii: v` PROOF OF PUBLICATION This is space for County Clerk's Filing Startup (2015.5.C.C.P) Vo.7888 NOTICE OF EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT STATE OF CALIFORNIA NOTICE GE PUELIc HEARING County of Riverside PLANNING COMMISSION CITY OF PALM SPRINGS Case No. 5.0904 Liberty Escrow r Planned Development District 203 200 North Sunrise Way I am a citizen of the United States and a resident of NOTICE IS HEREBY GIVEN that the Planning the County aforesaid;I am over the age of eighteen -Commission of the City of Palm Springs, Califor- nia, will hold a Dubuc hearing at its meeting of years,and not a party to or interested in the April 28,2_004,Tie Planning Commission meeting above-entitled matter.I am the principal clerk of a begins at 1:30 p.m.(Public Fleaungs be in at 2:0o P P pm.)in the Council Chamber'at City Hall,3200 E. printer of the,DESERT SUN PUBLISHING Tshoults Canyon Way, Palm Springs. ,i COMPANY a newspaper of general circulation, The purpose of this hearing is to consider an ap- pllca Ion by Libery Escrow for a Planned Oever- printed and published in the city of Palm Springs, orment Disa rct 2s to allow construction of a one Count of Riverside,and which newspaper has been a cry, professional office building The proposed •� ypproject Is located at 200 North Sunnse Way.Zone adjudged a newspaper of general circulation h the hl-2, Section 13. The Planned Development Dr.- 1 gg Y trio Is proposmr�to modify propel iy development Superior Court of the County of Riverside,State of standards as follows: reduce building and parking front yard setbacks, reduce bullding and parking California under the date of March 24,1988.Case rear you setback, reduce budding and parking side yard setback, reduce parking requirements, Number 191236;that the notice,of which the reduce asen space requirements. An approval of annexed is a tinted co set in a not smaller the Planned Development District will require the P copy( type approval of she Planning Commission and the than non pariel,has been published in each regular city Council (Section 94.03 of the Zoning Ordi- and entire issue of said newspaper and not in any nonce). supplement thereof on the following dates,to wit: On' °i"•""""`�'"'°"""""""`""' �' rnmwr-rw "' April 16n ---- -r` — - - - - -- - i ------------------------------------------ -------- - -- - ri All in the year 2004 1. ,I - -. _ --------------------------------- '------------- I - I certify(or declare)under penalty of perjury that the _ _ ,-1_i ( 1 foregoing is true and correct. Dated at Palm Springs,California this-----10th----day a- - mental prorew pars )categorically" cti n., 332 • Dental qu Pojec s) ofuant theCalif Of_______� 1104 ones i ho'er o from environ- _�. Devolo m California 1 • ________________—_______—_________—_______—__ ___—_ silty Ad (CECA),whereas the proposed tort', professional office building meets the ' Signature conditions outllned for In-fill development. ' If any Individual or group challenges the action in , • oourt, Issues raised may be Ilmrted to only those r Issues raised at the public hearing described In this notice or in written correspondence at,or pit- • or to,the Planning Commission hearing. ' An opportunity will be given at said hearing for all t • interested persons to be heard. Questions regard- .I ing this case may be directed to Mattheo,Peaks, Associate Planner at(760) 323-8246. " St herbalist ayuda con esta carta,porkwor Hams a Is Ciudad do Palm Spprin s y puede hablor' con • Gabriel Diaz telefono (76g}323-8245. DOUGLAS R. EVANS "lblaster of°'• - P nlr RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.0994 - PLANNED DEVELOPMENT DISTRICT 293, SUBJECT TO THE CONDITIONS STATED IN EXHIBIT A TO ALLOW LIBERTY ESCROW TO CONSTRUCT A ONE STORY, PROFESSIONAL OFFICE BUILDING LOCATED AT 200 NORTH SUNRISE WAY, ZONE R-2, SECTION 13. WHEREAS, Liberty Escrow, (the "Applicant') filed an application with the City pursuant to section 94.03.00 of the Zoning Ordinance for a Planned Development District to allow the construction of a one story, professional office building located at 200 North Sunrise Way, Zone R-2, section 13; and WHEREAS, Liberty Escrow, (the "Applicant') agrees to the Conditions Of Approval; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider an application for case 5.0994 - Planned Development District 293 was issued in accordance with applicable law; and WHEREAS, on April 28, 2004, the public hearing on the application for Planned Development District 293 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on May 12, 2004, the public hearing on the application for Planned Development District 293 was held by the Planning Commission in accordance with applicable law; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider an application for case 5.0994 - Planned Development District 293 was issued in accordance with applicable law; and WHEREAS, on July 7, 2004, the public hearing on the application for Planned Development District 293 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 hearing on the project, including but not limited to the staff report, and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to California Environmental Quality Act, Section 15332 (In-Fill Development) of the Public Resources Code the City Council finds that this project is categorically exempt from California Environmental Quality Guidelines (CEQA). The proposed project meets the conditions outlined for In-Fill Development. Where the project is; consistent with the General Plan and Zoning designation, within the City limits, project site has no value for endangered species, is served by all required utilities and would not result in significant effects related to traffic, noise, air quality or water quality. Section 2: Pursuant to Zoning Ordinance Section 94.03.00 (Planned Development District), the City Council finds that: a. The use applied for at the location set forth in the application is properly one for which a Planed Development District is authorized by the City Zoning Ordinance. Pursuant to the Zoning Ordinance: a professional, non-medical office is authorized in the R-2 (Limited Multiple Family) zone pursuant to approval of a Type I Conditional Use Permit. The Planned Development District requests approval of reduced property development standards that include: front yard setback, rear yard setback, side yard setback, parking and open space. b. The use applied for 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 professional, non-medical office building is in harmony with the various elements and objectives of the City of Palm Springs General Plan and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is to be located. The proposed professional, non-medical office building will not have a significant visual impact on the environment surrounding the site. c. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of the land in the neighborhood. The site for the professional, non-medical office building, on a 0.9 acre area located at 200 North Sunrise Way is adequate in shape and size to accommodate said use, including all features required in order to adjust said use to those existing or permitted future uses of the land in the neighborhood. The stepped setbacks, building design and building height of nineteen feet (19') are adequate to minimize the visual impact of the professional, non-medical office building. d. The site for the proposed use related to streets and highways is properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. Traffic will enter the proposed project from two access points: a driveway from Andreas Road and a driveway from Sunrise Way, both of these driveways are new. The majority of the parking is accessed from the Andreas Road driveway, this will reduce the number of vehicles entering and exiting directly onto Sunrise Way. Sunrise Way is a major thoroughfare and Andreas Road is a collector street. 4i e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety, and general welfare and may include minor modifications of the zone's property development standards. All proposed conditions of approval are necessary to ensure public health and safety including, but not limited to, the application of the Uniform Building Code Seismic Safety Standards, Palm Springs Municipal Code, and the City of Palm Springs Fugitive Dust Control Ordinance. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves case 5.0994 — PD 293, subject to the conditions set forth in the attached Exhibit A., which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this 7th day of July 2004. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: W